[Ord. 171, 1/12/1987, § 1]
1. 
The following terms shall have the following meanings in this Part 2:
COUNTY
The County of Lancaster.
EXISTING CONTRACT
Any agreement or contract fully executed prior to the effective date of this Part 2 for the collection, disposal or transportation of municipal waste generated within this Borough.
FACILITY
The waste to energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the Plan.
FULL SYSTEM OPERATION or FULLY OPERATIONAL
That date which is 60 days from the date upon which the County and other municipalities representing in the aggregate not less than 60% of the population of the County, as determined by the 1980 Decennial Census of the United States, execute the Intermunicipal Agreement and enact Waste Flow Ordinances.
LCSWMA
The Lancaster County Solid Waste Management Authority, its assigns, its successors in interest, and its predecessor in interest, the Lancaster Area Refuse Authority.
MUNICIPALITY
The Borough of Mountville, located within the County of Lancaster, Commonwealth of Pennsylvania.
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, Federal institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this Part 2 prescribing a fine, penalty, imprisonment or denial or grant of any license, the term "person" shall include the officers and directors of a corporation or other entity having officers and directors.
PLAN
The municipal waste management plan for the County adopted by the County or municipalities therein and approved by the Pennsylvania Department of Environmental Resources.
POINT OF ENTRY INTO THE SYSTEM
Any delivery site within the system designated by LCSWMA for delivery of regulated municipal waste.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, yard waste and other materials which would otherwise become municipal waste.
REGULATED MUNICIPAL WASTE
Any garbage, refuse, industrial lunch-room or office waste, and other material including solid or semi-solid material resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities and any other solid waste which is within the definition "municipal waste" set forth in Section 103 of the Pennsylvania Solid Waste Management Act, Act of July 2, 1980, P.L. 380, No. 97, Pa. Stat. Ann. Tit. 35, § 6018.103 (Purdon Supp. 1985), and which LCSWA, the County, or any contractor ("Contractor") selected by the County or LCSWA to construct and/or operate a resource recovery facility or facilities to be located within the municipal boundaries of the County by ordinance or regulation is willing to accept at the Facility, but excluding (a) any liquid waste or sludge, (b) any waste which is defined by existing or future Federal regulation as hazardous waste or residual waste, (c) infectious waste, pathological waste, or other waste for which treatment or handling requirements differ[1] from those normally applicable to municipal waste apply, (d) polychlorinated biphenyls, (e) any waste which may be marketable and which is intentionally segregated for purposes of recycling and (f) materials specifically excluded under applicable County or LCSWA ordinances, rules or regulations.
SOURCE SEPARATION
The segregation and collection, prior to delivery to a point of Entry into the System, of materials for the sole purpose of Recycling.
SYSTEM
The overall solid waste management and disposal system and every aspect thereof owned or operated by or on behalf of LCSWMA, including, without limitation, equipment, transfer stations, resource recovery facilities, and landfills, owned or operated, or to be acquired, constructed or operated by LCSWA or any agent, designee or contractor thereof in implementation of the Plan.
TRANSFER FACILITY
Any solid waste facility which is now or hereafter may be established by LCSWA or the County for the purpose of accepting solid waste for processing and economical consolidation for subsequent delivery to the facility or other solid waste disposal site.
[1]
In Ord. 171, "different."
2. 
All other words and phrases shall have the same meanings as set forth in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, Pa. Stat. Ann. tit. 35, § 6018.101 et seq., (Purdon Supp. 1985) as it may hereafter be amended or supplemented by legislation regarding municipal waste planning.
[Ord. 171, 1/12/1987, § 2]
1. 
Licensing. No person who is not duly licensed by LCSWMA to deliver waste to the County System may collect or transport municipal waste located or generated within this Borough. This prohibition shall become effective 120 days from the effective date of this Section.
2. 
Compliance with Rules, Regulations and Ordinances. In carrying on activities related to solid waste collection or transportation within this Borough, all municipal waste collectors and all municipal waste transporters shall comply with all rules, regulations and ordinances pertaining to the collection, transportation and disposal of solid waste as may be herein after enacted by this Borough or by the County pursuant to a parallel County Waste Flow Ordinance and all rules and regulations enacted by LCSWMA pursuant to authority given it under Pa. Stat. Ann. Tit. 53, § 315 (Purdon 1974 and Purdon Supp. 1985), as hereafter amended.
3. 
Administration. Licenses hereunder shall be issued, revoked and administered by LCSWA.
[Ord. 171, 1/12/1987, § 3]
1. 
Delivery to LCSWMA/County Sites. All municipal waste collectors and transporters shall deliver and dispose of all regulated municipal waste collected or generated within the Borough at a transfer station or disposal facility owned and operated by or on behalf of LCSWMA, subject to such reasonable regulations for the operation thereof as may be established by the County or LCSWMA.
2. 
Disposal at Other Sites. Disposal of regulated municipal waste collected or generated within the Borough may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the County or by the written agreement of the County, LCSWMA, and the Borough.
Disposal of regulated Municipal Waste at an existing facility from sources reflected on the notice to the Municipality, the County, and LCSWMA as provided in § 206(1) of this Part 2 shall be permitted.
3. 
Recycling. Nothing herein shall be deemed to prohibit source separation or recycling or to affect any sites at which source separation or recycling may take place.
[Ord. 171, 1/12/1987, § 4]
1. 
Compliance with County and LCSWMA Regulations. The collection, transportation and disposal of municipal waste present or generated within the Borough shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the County pursuant to its Waste Flow Ordinance and such rules and regulations as may be adopted by LCSWMA pursuant to Pa. Stat. Ann. tit. 53, § 314 (Purdon 1974 and Purdon Supp. 1985), as hereafter amended, including, without limitation, regulations governing applications and standards for licensing, fees to be charged for such licensing, the terms of licenses, procedures, record-keeping, transportation routes and other matters.
2. 
County Authorization to Adopt Regulations. Rules and regulations adopted by the County pursuant to the parallel County Waste Flow Ordinance to be adopted pursuant to the Intermunicipal Agreement described in § 211 hereof, shall be deemed rules and regulations adopted under this Part 2 and the County is hereby authorized to adopt such rules and regulations.
3. 
Consistency of Regulations with Ordinance and Other Laws. No rules or regulations adopted pursuant to this Part 2 shall be contrary to or less stringent than the provisions of this Part 2, the Plan, the County Waste Flow Ordinance, the Pennsylvania Solid Waste Management Act, or regulations adopted thereunder, or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Resources or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
[Ord. 171, 1/12/1987, § 5]
1. 
Non-interference with Existing Contracts. Nothing contained in this Part 2 shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the Borough on the effective date of this Part 2.
2. 
New Contracts and Renewals of Existing Contracts. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for municipal waste collection, transportation, processing or disposal shall be entered into after the effective date of this Part 2, unless such renewal or such contract shall conform to the requirements of this Part 2, rules and regulations promulgated thereunder, and the terms of licenses issued thereunder.
[Ord. 171, 1/12/1987, § 6]
1. 
Prohibition of Private Waste Processing and Disposal Facilities. No person other than LCSWMA, the United State of America, the Commonwealth of Pennsylvania, a county, a municipality, an authority created by the foregoing, or a person acting of behalf of the foregoing shall use or permit to be used any property owned or occupied by that person within the Borough as a municipal waste processing or disposal facility, either for municipal waste generated within the Borough, the County and LARA.
2. 
Recycling. The prohibition set forth in § 206(1) of this Part 2 shall not interfere with the operation of any program for Recycling.
3. 
Existing Facilities. The prohibition set forth in § 206(1) of this Part 2 shall not interfere with the operation of any privately or publicly owned solid waste facility which has been issued a solid waste permit before the effective date of this Part 2, provided:
A. 
The owner or operator of the facility provides written notice to the County and the Borough of the facility permit number, address, ownership and existing sources of waste no later than 60 days after the effective date of this Part 2;
B. 
The facility accepts regulated municipal waste from no sources within the County other than those then authorized by the Facility's solid waste permit and then being accepted, as reflected on the notice provided the County and Borough pursuant to this Section; and
C. 
The facility shall not be expanded in capacity, with the exception of facilities owned or operated by or on behalf of another county, which facilities may expand if such expansion is consistent with a DER approved municipal waste management plan.
D. 
Notices under this Section shall be submitted to _______________ on behalf of the Borough. The County may by resolution designate LCSWMA or another authority or agency as the entity which will receive notice pursuant to this Section.
[Ord. 171, 1/12/1987, § 7]
1. 
Unlawful Conduct. It shall be unlawful for any person to:
A. 
Accumulate or cause to be accumulated municipal waste in an amount greater than 20 tons, other than waste which has been source Separated for the purpose of Recycling;
B. 
Violate, cause or assist in the violation of any provision of this Part 2, any rule, regulation or order promulgated hereunder, or any rule regulation or order promulgated by LCSWMA or the County consistent with this Part 2;
C. 
Process, treat, transfer, or dispose of or cause to be processed, treated, transferred or disposed regulated municipal waste generated within the Borough at any solid waste facility other than a solid waste facility owned or operated by or on behalf of the County or LCSWMA or at an existing solid waste facility as permitted by § 206(3) of this Part 2, without the express written consent of any municipality within which the facility is located, the County, and LCSWMA;
D. 
Collect or transport municipal waste present or generated within the County without a valid license for disposal issued by LCSWMA;
E. 
Hinder, obstruct, prevent or interfere with the Borough, the County, LCSWMA or their personnel in the performance of any duty under this Part 2 or in the enforcement of this Part 2;
F. 
Act in a manner that is contrary to Pennsylvania Solid Waste Management Act, regulations promulgated thereunder, the Plan, this Part 2, the County Ordinance, rules or regulations promulgated thereunder, or the terms of licenses issued thereunder.
2. 
Public Nuisance. Any unlawful conduct set forth in § 207(1) hereof shall constitute a public nuisance.
[Ord. 171, 1/12/1987, § 8]
Any person who engages in unlawful conduct as defined in this Part 2 shall, upon conviction thereof, in a summary proceeding before a district justice, be sentenced to pay a fine of not more than $300 and not less than $150, and in default of payment thereof, shall be committed to the county jail for a period not exceeding 30 days.
[Ord. 171, 1/12/1987, § 9]
Upon finding that any person has engaged in unlawful conduct as defined in this Part 2, (a) LCSWMA, the Borough, the County may revoke any license issued by LCSWMA to that person In accordance with § 202 of this Part 2 and (b) LCSWMA may deny any subsequent application by that person for a license pursuant to § 202 hereof.
[Ord. 171, 1/12/1987, § 10]
1. 
Restraining Violations. In addition to any other remedy provided in this Part 2, the Borough, the County or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this Part 2 for an injunction to restrain a violation of this Part 2 or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this Part 2. In addition to an injunction, the court may impose penalties as authorized by § 208 hereof and revoke any licenses as authorized by § 209 hereof.
2. 
Concurrent Remedies. The penalties and remedies prescribed by this Part 2 shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Borough, the County or LCSWMA from exercising any other remedy provided by this Part 2 or otherwise provided at law or equity.
[Ord. 171, 1/12/1987, § 11]
1. 
Entry into Intermunicipal Agreement. In order to implement the intent and terms of this Part 2, the Borough, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at Pa. Stat. Ann. Tit. 53, §§ 481 to 490 (Purdon 1974 and Purdon Supp. 1984) and Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this Borough, the County, and other municipalities within the County of Lancaster, which is attached hereto as Exhibit A and incorporated herein[1], together with such changes consistent with this Part 2, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval ("Intermunicipal Agreement").
[1]
Original on file in Borough office.
2. 
Terms and Implementation of Intermunicipal Agreement. As more fully set forth in the Intermunicipal Agreement and this Part 2:
A. 
Conditions and Terms of Agreement.
In the Agreement:
(1) 
The County agrees (A) to arrange for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of municipal waste generated within the participating municipalities, (B) to coordinate recycling activities and marketing and (C) to assure continuing municipal waste planning for the County and the participating municipalities by entering onto an agreement with LCSWMA;
(2) 
The County and participating municipalities representing, in the aggregate, not less than 60% of the population of the County each agree to enact a Waste Flow Ordinance in a form substantially similar to this Part 2 and to assure otherwise that all acceptable municipal solid waste be delivered to the County Systems;
(3) 
The County agrees (A) to enact rules and regulations, (B) to cause LCSWMA to enact additional rules and regulations and to administer a licensing program, and (C) to enforce this Part 2 and the parallel Municipal and County Waste flow Ordinances;
(4) 
The County agrees to assure reasonable solid waste disposal fees for residents of the participating municipalities; and
(5) 
The parties agree to cooperate in the joint enforcement of the Intermunicipal Agreement and all Ordinances enacted pursuant to the Intermunicipal Agreement and this Borough thereby agrees cooperatively to exercise, to delegate to the County, and allow delegation of such powers, duties and responsibilities as set forth in the Intermunicipal Agreement.
B. 
Duration of Term of the Agreement. The term of the Intermunicipal Agreement shall commence upon the date on which the County and other municipalities representing at least 60% of the population of the County have executed the Intermunicipal Agreement and shall terminate 40 years following that date, unless terminated earlier for cause.
C. 
Purpose and Objectives of Agreement. The purpose of the Intermunicipal Agreement is to provide a mechanism (i) to finance, to construct and to operate a municipal waste disposal system to serve this Borough and other municipalities within the County, (ii) to administer a Countywide recycling program, and (iii) to provide continuing municipal waste planning, as more fully set forth in the recitals to the Intermunicipal Agreement and this Part 2.
D. 
Manner and Extent of Financing the Agreement. Enforcement of this Part 2 shall be financed by the County's general revenues, except insofar as the Borough elects to enforce this Part 2; administration of this Part the recycling program from operation of the County System; and construction and operation of the County System shall be financed by debt instruments issued by LCSWMA and operating revenues.
E. 
Organizational Structure Necessary to Implement the Agreement. LCSWMA shall be formed from LARA by amendment of LARA's Articles of Incorporation; LCSWMA shall (a) construct and operation or arrange for the construction and operation of the County system and (b) administer and enforce this Part 2 and parallel ordinances adopted by the County and other municipalities pursuant to the Intermunicipal Agreement; and the County and the Borough shall enforce said Waste Flow Ordinances with assistance from LCSWMA.
F. 
Management and Acquisition of Property. All property within the County system shall be acquired, managed and disposed of by LSCWMA, in accordance with its separate agreement with the County and the powers and duties imposed upon LCSWMA by law.
G. 
Execution. Appropriate officers of the Borough are authorized and directed to execute the Intermunicipal Agreement on behalf of the Borough.
[Ord. 171, 1/12/1987, § 12]
The Borough has been advised by the County that the plan proposes to provide for solid waste processing and disposal facilities which will be operated efficiently and economically by LSCWMA and in accordance with all applicable laws and regulations, and also that LCSWMA will impose reasonable charges, which will be uniform among all classes of the users of the plant or plants from participating municipalities which execute the Intermunicipal Agreement within 90 days of the date upon which DER grants preliminary approval to the Plan. Charges may differ for different categories of waste and for different points of entry into the system.
[Ord. 171, 1/12/1987, § 13]
The terms and provisions of this Part 2 are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This Part 2 shall be construed in pari materia with the Act of July 7, 1980, P.L. 380, No. 97, known as the Solid Waste Management Act, Pa. Stat. Ann. tit. 35, § 6018.101 et seq. (Purdon Supp. 1985).
[Ord. 171, 1/12/1987, § 14]
The provisions of this Part 2 are severable. If any provision of this Part 2 or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application of this Part 2 which can be given effect without the invalid provision or application.