[Ord. 555, 6/10/1987, § 1]
The following terms shall have the following meaning in this
Part:
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 Delaware County Solid
Waste Authority (hereinafter referred to as "Authority") contracts
for construction and operation of the proposed resource recover 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
or material recovery facility or facilities, transfer station or solid
waste plants owned by the county or Authority of the contractor, including
all associated property and equipment.
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
of 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 station.
[Ord. 555, 6/10/1987, § 2]
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 Part, and other applicable laws, ordinances or regulations.
[Ord. 555, 6/10/1987, § 3]
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.
[Ord. 555, 6/10/1987, § 4]
Except as it pertains to municipal solid waste collected directly
by this municipality, all collectors of municipality solid waste generated
within the municipality shall be licensed by the municipality and
shall be responsible for collecting municipality 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.
[Ord. 555, 6/10/1987, § 5]
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
Part 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.
[Ord. 555, 6/10/1987, § 6]
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.
[Ord. 555, 6/10/1987, § 7; as amended by Ord. 572,
10/10/1990]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs, or in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 555, 6/10/1987, § 8]
In addition to the remedies provided in §
20-407 herein, any continued violation of this Part 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.
[Ord. 555, 6/10/1987, § 9]
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 Part,
the county solid waste plan, or applicable law.
[Ord. 555, 6/10/1987, § 10]
The municipality reserves the right to amend this Part or repeal
it at any time; provided, however, that the requirement for use of
the designated solid waste facility for disposal of municipality solid
waste from the municipality shall not be amended or repealed without
the prior 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.
[Ord. 555, 6/10/1987, § 11]
1. 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.
2. County agrees to accept for disposal all such municipal solid waste described in Subsection
1 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.
3. 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 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 §
20-412 of this Part.
[Amended by Res. R-2016-01, 1/13/2016]
4. The county shall hold harmless and defend the municipality from any
suit, claim or action challenging the illegality of this Part 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.
[Ord. 555, 6/10/1987, § 12]
1. DER has recommended that the requirements of the Solid Waste Management
Act can best be accomplished on a county-wide basis.
2. The municipality, by formal resolution dated June 10, 1987, authorized
the county to prepare the solid waste management plan on the municipality's
behalf.
3. 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.
4. 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.
5. 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.
6. The county is hereby authorized to submit the plan to DER for the
final approval on behalf of the municipality.
[Ord. 555, 6/10/1987, § 13]
This Part shall become effective June 10, 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 Part until said plant is constructed
and fully operational.