Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Safety, sanitation and health — See Ch. 680.
[Ord. No. 166, passed 7-16-1987]
As used in this chapter:
(a) 
COLLECTOR — Means 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.
(b) 
CONTRACTOR — Means one or more contractors with whom the County or the Delaware County Solid Waste Authority (hereinafter referred to as the "Authority") contracts for the construction and operation of the proposed resource recovery plant or plants or other solid waste facilities.
(c) 
MUNICIPAL SOLID WASTE — Means 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 Solid Waste Management Act (35 P.S. Sec. 6018.101) and which the County, the Authority or the 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.
(d) 
PERSON — Means any individual, partnership, association, corporation or governmental entity, with the exception of the County, the Authority or a designated contractor.
(e) 
PLANT — Means the energy and/or material recovery facility or facilities, transfer station or solid waste plants, owned by the County or the Authority or the contractor, including all associated property and equipment.
(f) 
SOLID WASTE FACILITY — Means 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.
[Ord. No. 166, passed 7-16-1987]
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 chapter and other applicable laws, ordinances or regulations.
[Ord. No. 166, passed 7-16-1987]
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. No. 166, passed 7-16-1987]
Except for Municipal solid waste collected directly by the 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.
[Ord. No. 166, passed 7-16-1987]
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 the contractor. Delivery and disposal at any other place shall be a violation of this chapter and cause for revocation of the collector's license, except in special circumstances approved in advance by the Municipality and the County and/or the 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. No. 166, passed 7-16-1987]
No person shall use or permit to be used any property owned or occupied by him or her 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. No. 166, passed 7-16-1987]
In addition to the penalty provided in Section 1064.99, any continued violation of this chapter or other applicable law which constitutes a nuisance in fact, or which, in the opinion of Council, constitutes a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
[Ord. No. 166, passed 7-16-1987]
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 Council, including, but without limitation, regulations as to the form of license application, the amount of the fee to be charged for licenses, the terms of the licenses and license issuance procedures. However, no such rules and regulations shall be contrary to the provisions of this chapter, the County Solid Waste Plan or applicable law.
[Ord. No. 166, passed 7-16-1987]
The Municipality reserves the right to amend this chapter or repeal it at any time. However, the requirement for the use of the designated solid waste facility for the 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 the Authority) and the 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 becomes a collector, it agrees to deliver all Municipal solid waste so collected to the plant.
[Ord. No. 166, passed 7-16-1987]
(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) hereof upon completion and commencement of the operation of the plant in accordance with a contract, containing terms satisfactory to the County, with the contractor providing for the construction and operation of the plant.
(c) 
The term of this agreement shall be for a term of 25 years. Said term shall commence 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 that the Municipality has first obtained final approval from the Department of Environmental Resources for its own plan under the Solid Waste Management 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 Section 1064.11.
[Amended 4-14-2016 by Ord. No. 493]
(d) 
The County shall hold harmless and defend the Municipality from any suit, claim or action against the Municipality challenging the legality of this chapter. 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. No. 166, passed 7-16-1987]
(a) 
The Department of Environmental Resources has recommended that the requirements of the Solid Waste Management Act can best be accomplished on a county-wide basis.
(b) 
The Municipality, by a formal resolution dated June 20, 1984, 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 the Municipality have reviewed the findings and recommendations of the plan as it affects the 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 Department of Environmental Resources for final approval on behalf of the Municipality.
[Ord. No. 166, passed 7-16-1987]
This chapter shall become effective August 1, 1987. Notwithstanding the foregoing, the Municipality shall have neither the right nor the obligation to dispose of its Municipal solid waste at the plant which is contemplated under this chapter until said plant is constructed and fully operational.
[Ord. No. 166, passed 7-16-1987]
A separate offense shall be deemed committed each day during or on which a violation of or noncompliance with any of the provisions of this chapter occurs or continues and for each truckload of illegally delivered trash.[1]
[1]
Editor's Note: See Section 202.99 for general Code penalty.