[Adopted 7-15-1987 by Ord. No. 340]
[Amended 8-21-1991 by Ord. No. 362]
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Municipal Solid Waste Management Act of
1980, as amended, 35 P.S. § 6018.101 et seq.
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 the "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants or other solid waste facilities.
The County of Delaware, the Delaware County Solid Waste Authority
and/or the Authority's contractor.
The Delaware County Solid Waste Management Plan of 1985,
which was reviewed by the Pennsylvania Department of Environmental
Resources, revised and dated December 1986.
The Pennsylvania Department of Environmental Resources.
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 and materials specifically excluded
under applicable county ordinances.
The Borough of Parkside.
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 the 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 transfer, processing
or disposal of municipal solid waste, including landfills, resource
recovery plants and transfer stations.
It is hereby declared to be unlawful and a public nuisance for
any person to accumulate upon any property in this municipality any
municipal solid waste or to dispose of it except in accordance with
this article and other applicable laws, ordinances or regulations.
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.
Except as it pertains to municipal solid waste collected directly
by this municipality, all collectors of municipal solid waste generated
within the municipality shall be licensed by the municipality and
shall be responsible for collecting municipal solid waste from properties
in the municipality pursuant to a contract between them and the municipality
and/or contracts between them and the owners or occupants of properties.
All collectors shall deliver and dispose of all municipal solid
waste collected within the municipality at the solid waste facility
designated by the county, subject to such reasonable regulations for
the operation thereof as may be established by the county and/or contractor.
Delivery and disposal at any other place shall be a violation of this
article and shall be cause for revocation of the collector's license,
except in special circumstances approved in advance by the municipality
and the county 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, without the express
written approval of the municipality.
[Amended 12-21-1988 by Ord. No. 349]
Any person who shall violate any provision of this article shall,
upon conviction thereof before a District Justice, be sentenced to
pay a fine of not more than $1,000 and, in default of payment thereof,
shall be committed to the county jail for a period not to exceed 30
days, and each day's continuance of a violation of this article as
well as each truckload of illegally delivered trash shall constitute
a separate offense.
In addition to the remedies provided in § 95-14 herein, any continued violation of this article 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.
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, including, but without limitation,
regulations as to the form of license application, the amount of fees
to be charged for said licenses, the terms of the licenses and license
issuance procedures; provided, however, that no such rules and regulations
shall be contrary to the provisions of this article, the county solid
waste plan or applicable law.
The municipality reserves the right to amend this article 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 county during the
term of the contract between the county (or Authority) and contractor
providing for the construction and operation of the plant, which contract
shall have a term of 25 years. For the purposes of securing the contractor's
financing, such requirement shall be deemed to be a contract between
the county, 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.
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 county.
B.
The county 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 county, 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 county 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 county during the term of this agreement, provided that the municipality has first obtained final approval from the Department of Environmental Resources for their own plan under the Act 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 county, the Authority and/or the county'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 § 95-19 of this article.
[Amended 4-27-2016 by Ord. No. 524]
D.
The county shall hold harmless and defend the municipality from any
suit, claim or action, challenging the legality of this article, against
the municipality. In the event that any such suit, claim or action
is brought against the municipality, the municipality shall authorize
the county, through its designated legal counsel, to defend against
the same, and the municipality shall cooperate with the county in
said defense and shall give the County Solicitor notice of any such
suit, claim or action within five days of the municipality's receiving
notice thereof.
A.
The DER has recommended that the requirements of the Solid Waste
Management Act can best be accomplished on a county-wide basis.
B.
The municipality, by formal resolution dated April 18, 1984, authorized
the county to prepare the solid waste management plan on the municipality's
behalf.
C.
The county, through the staff of its Public Works Department, its
Planning Commission and Charles M. Harris and Associates, Inc., Consulting
Engineers, 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 DER for the
final approval on behalf of the municipality.
This article shall become effective upon enactment. Notwithstanding
the foregoing, this municipality shall have neither the right nor
the obligation to dispose of its municipal solid waste at the plant
which is contemplated under this article until said plant is constructed
and fully operational.
[Added 12-17-2003 by Ord.
No. 429]
It shall be unlawful and a public nuisance for any person, persons or corporation to collect or take garbage, rubbish, refuse and/or municipal solid waste from, or disturb in any manner, containers placed in open, exterior areas for the storage of garbage, rubbish, refuse and/or municipal solid waste between the hours of 10:00 p.m. and 7:00 a.m. Violators shall be subject to the penalties listed in § 95-14 and each violation shall constitute a separate offense. In addition, the Borough of Parkside may elect, as an option, to use the remedy described in § 95-15.
