[Adopted 7-20-1987 by Ord. No. 669 (Ch. 20, Part 2B, of the 1988 Code of Ordinances)]
The following terms shall have the following meanings in this article:
- 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 "Authority") contracts for construction and operation of the proposed resource recovery plant or plants or other solid waste facilities.
- The Borough of Clifton Heights.
- 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:
- (1) Any liquid waste or sludge;
- (2) All wastes which are defined by existing or future federal or state law or regulations as hazardous waste or industrial residual waste;
- (3) Any waste which may be marketable and which is intentionally segregated for purposes of recycling; and
- (4) Materials specifically excluded under applicable county ordinances.
- 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.
- 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.
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 owner 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 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person who shall violate any provision of this article shall, upon conviction thereof, in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment 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 § 285-9 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.
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.
The county agrees to accept for disposal all such municipal solid waste described in § 285-3 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.
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. An additional term of this agreement shall be for an additional period of 25 years, and said term shall commence on January 1, 2017. The municipality at its option may terminate this agreement within 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 the municipality has first obtained final approval from the Department of Environmental Protection 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 § 285-14 of this article.
[Amended 11-15-2016 by Ord. No. 852]
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 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.
The municipality, by formal resolution dated June 15, 1987, authorized the county to prepare the solid waste management plan on the municipality's behalf.
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.
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.
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.
The county is hereby authorized to submit the plan to DEP for the final approval on behalf of the municipality.