The following terms shall have the following
meaning in this chapter:
ACT
The Pennsylvania Solid Waste Management Act of 1980, as amended,
35 P.S. § 6018.101 et seq.
COLLECTOR
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.
CONTRACTOR
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.
COUNTY
A reference collectively to the county, the Delaware County
Solid Waste Authority and/or the Authority's contractor.
COUNTY PLAN
The Delaware County Solid Waste Management Plan of 1985,
which was reviewed by the Pennsylvania Department of Environmental
Resources, revised and is dated December 1986.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid and 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.
PERSON
Any individual, partnership, association, corporation or
governmental entity, with the exception of the county, Authority or
designated contractor.
PLANT
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.
SOLID WASTE FACILITY
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 chapter 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 chapter and 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 9-6-1988 by Ord. No. O-88-5,
approved 9-6-1988]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be punishable for each
offense by a fine of up to the maximum amount provided from time to
time by state statute.
In addition to the remedies provided in §
172-7 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 for relief against the violator in a court of equity.
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 fee
to be charged for said licenses and 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 chapter,
the county solid waste plan or applicable law.
The municipality reserves the right to amend
this chapter or repeal it at any time; provided, however, that the
requirements 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.