This chapter shall be known as the "Haverford Township Municipal
Solid Waste and Recycling Ordinance."
The purpose of this chapter is to provide for the health, safety
and welfare of the residents of the Township of Haverford by regulating
the collection, storage, transportation, removal, dumping, deposit,
disposal and recycling of solid waste by:
A.
Instituting a comprehensive solid waste management program.
A.
COLLECTOR
CONTRACTOR
COUNTY
DELAWARE COUNTY SOLID WASTE AUTHORITY
MUNICIPALITY
MUNICIPAL SOLID WASTE
(1)
(2)
(3)
(4)
PERSON
PLANT
SOLID WASTE FACILITY
The following terms shall have the meanings as provided herein:
Any person collecting or transporting municipal solid waste
for owners or occupants of property in the municipality, including
the municipality itself if it undertakes the collection of municipal
solid waste directly, and any business or institution within the municipality
which generates municipal solid waste and uses its own employees and
equipment for the collection and transport of the waste.
One or more contractors with whom the county or the Delaware
County Solid Waste Authority (hereinafter referred to as "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants or other solid waste facilities.
The County of Delaware, Commonwealth of Pennsylvania.
A municipal authority organized and existing under the Municipal
Authority Act of Pennsylvania, as amended ("Authority").
The Township of Haverford.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Act
and which the county, Authority, or contractor, by its ordinance or
regulations, is willing to accept at the plant, but excluding:
Any liquid waste or sludge.
All wastes which are defined by existing or future federal or
state law or regulations as hazardous waste or industrial residual
waste.
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling.
Materials specifically excluded under applicable county ordinances.
Any individual, partnership, association, corporation or
governmental entity, with the exception of the county, Authority or
designated contractor.
The energy and/or material recovery facility or facilities,
transfer station or solid waste plants owned by the county or Authority
or contractor, including all associated property and equipment.
Any site owned and operated by the county, the Authority
or its designated contractor for the purpose of the transfer, processing
or disposal of municipal solid waste, including landfills, resource
recovery plants and transfer stations.
B.
Certain terms used herein are also defined in the recitals hereto.
B.
The municipality did authorize the county to prepare the solid waste
management plan on the municipality's behalf.
C.
The county, through the staff, prepared a ten-year plan for solid
waste management.
D.
The appropriate municipal officials of this municipality have reviewed
the findings and recommendations of the plan as it affects this municipality,
have found the plan acceptable and have recommended that the plan
be adopted.
E.
The municipality, accordingly, hereby accepts and adopts the solid
waste management study prepared by the county as the ten-year plan
for solid waste management required by the Act.
F.
The county is hereby authorized to submit the plan to the PaDEP for
the final approval on behalf of the municipality.
A.
The municipality agrees to deliver or cause to be delivered, during
the term of this agreement, all municipal solid waste as defined herein
generated within the municipality for disposal at a facility designated
by the Authority.
B.
The Authority agrees to accept for disposal all such municipal solid waste described in Subsection A above, upon completion and commencement of operation of the plant, in accordance with a contract, containing terms satisfactory to the Authority, with the contractor providing for construction and operation of the plant.
C.
The term of this agreement shall be for a period of 25 years, and
said term shall commence on January 1, 2017. The municipality, at
its option, may terminate this agreement with 30 days' written
notice to the Authority, in the event that the municipality will incur
substantial costs over and above the costs generally accepted by the
other municipalities in delivering municipal solid waste to the Authority
during the term of this agreement, provided that the municipality
has first obtained final approval from the Pennsylvania Department
of Environmental Protection (PaDEP) for its own plan under the Act[1] or an approval from the Department for a modification that brings the municipality under another plan that has already obtained final approval. It is understood, however, that (upon any such termination of this agreement by the municipality) the Authority and/or the Authority's contractor shall be relieved of any responsibility to accept and dispose of municipal solid waste generated within the municipality. It is further understood that any such termination of this agreement by the municipality shall constitute a repeal, whether express or implied, of § 95-4 of this chapter.
[Amended 12-14-2015 by Ord. No. 2774]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
D.
The Authority shall hold harmless and defend the municipality from
any suit, claim or action challenging the legality of this chapter
against the municipality. In the event that any such suit, claim or
action is brought against the municipality, the municipality shall
authorize the Authority, through its designated legal counsel, to
defend against the same, and the municipality shall cooperate with
the Authority in said defense and shall give the Authority Solicitor
notice of any such suit, claim or action within five days of the municipality's
receiving notice thereof.
The municipality reserves the right to amend this chapter or
repeal it at any time; provided, however, that the requirement for
use of the designated solid waste facility for disposal of municipal
solid waste from the municipality shall not be amended or repealed
without the prior express written approval of the Authority during
the term of the contract between the Authority and contractor operating
the plant, which contract has a term of 25 years. Such requirement
shall be deemed to be a contract between the Authority, the contractor
and the municipality, which the municipality (subject to the terms
of the joint cooperation agreement set forth below) agrees to enforce
so that the municipal solid waste from the municipality will be available
to provide a source of energy for the plant. If the municipality is
not now a collector but in the future it becomes a collector, it agrees
to deliver all municipal solid waste so collected to the plant.
The collection of municipal solid waste in the municipality
and the disposal thereof shall be subject to such further reasonable
rules and regulations as may from time to time be promulgated by the
governing body of the municipality; provided, however, that no such
rules and regulations shall be contrary to the provisions of this
chapter, the Authority solid waste plan or applicable law.
All collectors shall deliver and dispose of all municipal solid waste collected within the municipality at the solid waste facility designated by the Authority subject to such reasonable regulations for the operation thereof as may be established by the Authority and/or the contractor. Delivery and disposal at any other place shall be a violation of this chapter and shall subject the collector to the violation and penalty provisions of § 95-9 herein, except in special circumstances approved in advance by the municipality and the Authority and/or contractor. All collectors shall comply in their operation with all applicable laws, ordinances and regulations pertaining to the collection and transportation of municipal solid waste.
No person shall use or permit to be used any property owned
or occupied by him within the municipality as a public or private
dump, transfer station or landfill for municipal solid waste, whether
generated within the municipality or elsewhere, unless the owner or
occupier of the said property receives the express written approval
of the Board of Commissioners.
The municipality has been advised by the county that the solid
waste plan proposes to provide for a plant or plants which will be
operated efficiently and economically by the contractor and/or by
the county and in accordance with all applicable laws and regulations,
and also that the contractor and/or the county will impose reasonable
charges, which will be uniform among all classes of users of the plant
or plants.
Any person, firm, or corporation who shall violate any provision
of this article, upon conviction thereof, in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article that shall have been found to have
been violated shall constitute a separate offense.
In addition to the remedies provided in § 95-9 herein, any continued violation of this chapter or other applicable law which shall constitute a nuisance in fact or which, in the opinion of the governing body of this municipality, shall constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
