[Adopted 8-30-1989 as Ord. No. 89-4]
The following terms shall have the following meanings in this
Article:
ACCEPTABLE WASTE
That portion of municipal waste which can be processed by
the center, consistent with the plan and any rules, regulations, resolutions
or standards adopted by the Authority pursuant to this Article and
the delegation agreement, that has characteristics such as that collected
and disposed of as part of normal collection of municipal waste in
the county.
CENTER
The York County Resource Recovery Center, and shall include
the buildings and all equipment associated therewith which are located
on Blackbridge Road, Manchester Township in the county.
COUNTY
The County of York, Commonwealth of Pennsylvania.
DELEGATION AGREEMENT
That specific agreement between the county and the Authority,
dated as of July 12, 1989, defining and delegating certain of the
county's municipal waste management and planning responsibilities
to the Authority, as authorized by Act 101.
EXISTING CONTRACT
Any agreement or contract fully executed and delivered and
in effect and in reliance upon which there has been a material change
in position by any person who is a party thereto, or beneficiary thereof,
prior to the effective date of this Article for the collection, disposal
or transportation of municipal waste generated within the county.
MUNICIPALITY
A county, city, borough, incorporated Town, township or home
rule municipality.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in Act 97 from a municipal, commercial or institutional waste supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, general
government or agency, commonwealth institution or agency (including,
but not limited to, the Department of General Services and the State
Public School Building Authority) or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this Article, prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, the term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
PLAN
The York County Municipalities Solid Waste Management Plan
Update approved pursuant to Act 97 and pursuant to Section 501(b) of Act 101 and any subsequent revisions, amendments or updates thereto
which are approved pursuant to the provisions of Act 101.
SYSTEM
The municipal waste management and disposal system for the
county, including, without limitation, the center and any equipment,
transfer stations, landfills, sludge disposal facilities, wastewater
treatment facilities, recycling facilities or composting facilities,
whether publicly or privately owned or operated, which are, or will
be, acquired, constructed and operated within the county and which
are designated by the Authority, pursuant to this Article and the
delegation agreement and consistent with the plan, as the specified
processing, transfer or disposal site for any municipal waste, or
any constituent thereof, which is generated or disposed of within
the county.
UNACCEPTABLE WASTE
That portion of municipal waste that is not acceptable waste
and which is predominantly noncombustible and which cannot be processed
by the center, having such characteristics as specified in the plan
or in any rules, regulations, resolutions or standards adopted by
the Authority pursuant to this Article and the delegation agreement.
It shall be unlawful for any person to:
A. Violate, cause or assist in the violation of any provision of this
Article or violate, cause or assist in the violation of any rule,
regulation, resolution or standard promulgated by the Authority pursuant
to this Article and the delegation agreement or any rule, regulation,
resolution or standard promulgated by the county consistent with this
Article and the provisions of Act 101 and the plan.
B. Process, treat, transfer or dispose of, or cause to be processed,
treated, transferred or disposed of, municipal waste, or any constituent
thereof, which is collected within the county and which is subject
to the provisions of this Article at any facility other than a processing
or disposal facility which is consistent with, and is reflected in,
the plan as the designated processing, transfer, treatment or disposal
facility for such municipal waste, or constituent thereof.
C. Collect municipal waste, or any constituent thereof, generated within
the county without a valid license for collection issued by the county,
as specified or required by the plan.
D. Hinder, obstruct, prevent or interfere with the county, the Authority
or any of their personnel, agents or employees in the performance
of any duty under this Article or in the performance of any duty of
the Authority under the delegation agreement or in the performance
of any duty in furtherance of the implementation and enforcement by
the county or the Authority of this Article or of the plan.
Upon finding that any person has engaged in unlawful conduct, as defined in §
103-7 of this Article, the county may revoke any license issued by the county to that person and deny any subsequent application by that person or any person who was or who is affiliated with, related to or controlled by any person who was, at the time of commitment of such unlawful conduct, or any time thereafter, an officer, director, shareholder, partner or joint venturer of, under contract with, employed by or related or affiliated in any manner with such person for issuance of the license required by §
103-3 hereof.
The terms and provisions of this Article are to be liberally
construed so as best to achieve and to effectuate the goals and purpose
hereof. This Article shall be construed in pari materia with Act 97
and Act 101.
Pursuant to Section 304(d) of Act 101, the provisions of this Article shall supersede the provisions
of any municipal ordinance to the extent that the provisions of any
such municipal ordinance are inconsistent with, or conflict with,
the provisions of this Article, except as otherwise provided by Section
502(o) of Act 101.