[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Disposal of animal wastes — See Ch.
55, §
55-4.
Health and sanitation — See Ch.
84.
Park rules — See Ch.
103.
Property maintenance — See Ch.
115.
Stream pollution — See Ch.
126.
[Adopted 4-8-1976 by Ord. No. 360, approved 4-9-1976]
It shall hereafter be unlawful for any person to place any rubbish,
garbage or other waste matter stored in a metal or plastic rodentproof
container with a tight-fitting lid on or alongside sidewalks, streets,
curbs, alleys or other collection points in the Borough of Colwyn
before 9:00 p.m. on the evening before the collection day. Such containers
must be removed from the collection points before 12:00 midnight of
the collection day.
A. It shall hereafter be unlawful for any person to place any rubbish,
garbage or other waste matter stored in a plastic bag or alongside
sidewalks, streets, curbs, alleys or other collection points in the
Borough of Colwyn before 6:00 a.m. on the morning of the collection
day. Such plastic bags must be securely tied and closed to prevent
spillage.
B. Except for ashes, noncombustibles are not acceptable for collection
and shall not be included in or with the other matter.
It shall hereafter be unlawful for any person to dump or deposit
any rubbish, garbage or other waste matter in or on any public property
or highway in this Borough.
It shall hereafter be unlawful for any person to dump or deposit
or allow to be dumped or deposited any rubbish, garbage or other waste
matter on any private property in the Borough of Colwyn not designated
by the owner as a public or private dump for which a license shall
have been obtained as hereinafter provided, and dumping on such public
or private dump shall be done only with the express permission of
the owner of such property and the Council of the Borough of Colwyn.
A. It shall hereafter be unlawful for any property owner, tenant or
occupant to use or permit the use of any property in this Borough
for purposes of a public or private dump unless and until the private
owner shall have made application for and received from the Council
of this Borough a license to maintain a dump.
B. The application shall state fully and accurately the applicant's
title to said property; the exact location and size thereof; that
no portion of said property within the distance of 100 feet from any
public road shall be used for such dump; and that no rubbish, garbage
or other combustible matter shall be dumped on any part of said property.
C. Upon approval of such application by the Council of the Borough of
Colwyn, a license shall be issued, limited to one year and subject
to revocation at any time in the event that any of the above requirements
or restrictions are violated.
It shall hereafter be unlawful for any person to set fire to
or burn any rubbish, garbage or other waste matter on or in any public
or private dump or anywhere else in the Borough of Colwyn on either
public or private property without making application for and receiving
a permit from the Council of the Borough of Colwyn. The application
shall set forth sufficient descriptions and details to enable the
Borough Council to determine whether or not the health, safety and
general welfare will be unreasonably adversely affected by the proposed
burning. No permit shall be issued if it shall appear to the Borough
Council that the health, safety and general welfare of the Borough
will be unreasonably adversely affected.
[Amended 10-13-1983 by Ord. No. 426; approved 10-13-1983; 11-10-1988 by Ord. No.
447]
Any person who shall violate any provision of this Article
I
shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 and costs of prosecution for each offense and, in default of
payment thereof, to imprisonment for not more than 30 days in a proceeding
before any District Justice as now provided by law.
[Adopted 11-12-1987 by Ord. No. 443, approved 11-13-1987]
A. The following terms shall have the following meanings in this article:
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 the "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants or other solid waste facilities.
MUNICIPAL SOLID WASTE
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.
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.
B. Certain terms used herein are also defined in the recitals hereto.
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 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 11-10-1988 by Ord. No. 447]
Any person who shall violate any provision of this article shall,
upon conviction thereof in a summary proceeding 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 exceeding 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 §
74-14 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 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 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 the date when the county advises the municipality
that the plant is operational. 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
its 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 §
74-19
of this article.
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 countywide basis.
B. The municipality, by formal resolution dated November 12, 1987, 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 the DER for
the final approval on behalf of the municipality.
This article shall become effective November 12, 1987. 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.