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 wastes 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 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 wastes.
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 12-8-1988 by Ord. No. 465]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
In addition to the remedies provided in §
484-16 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 fee to be charged for said license, and the terms of 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.