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]
