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.
B. Establishing a mandatory recycling program pursuant to the requirements
of Act 101 of the Pennsylvania General Assembly, known as the "Municipal
Waste Planning, Recycling and Waste Reduction Act," and amendments thereto.
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solid waste from the municipality shall not be amended or repealed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.