[Adopted 3-13-1986 by Ord. No. 1155 (Ch. 65, Art. II, of the 1972 Code)]
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 wastes 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 authority contracts for construction and operation of the proposed resource recovery plant or plants or other solid waste facilities.
- The Borough of Sharon Hill.
- 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 ordinances 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.
- (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 proposed by 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.
Editor's Note: The following additional terms were defined in the recitals to this article:
ACT — The Pennsylvania Solid Waste Management Act of 1980, as amended, 35 P.S. § 6018.101 et seq.
COUNTY — The County, the Delaware County Solid Waste Authority or the County's or Authority's contractor.
COUNTY PLAN — The Delaware County Solid Waste Management Plan dated July 1985.
DER — The Pennsylvania Department of Environmental Resources. (Now DEP, Department of Environmental Protection.)
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 wastes 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.
All collectors shall deliver and dispose all municipal solid waste collected within the municipality at the solid waste plant 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 operations with the regulations of this municipality and with all applicable laws, ordinances and regulations pertaining to the collection and transportation of municipal solid wastes.
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 7-14-1988 by Ord. No. 1180]
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 maximum fine as provided from time to time by state statute and, in default of payment thereof, shall be committed to the county jail for a period not exceeding 30 days. Each day's continuance of any violation shall be a separate offense.
In addition to the remedies provided in § 184-11 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 license and the terms of 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 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 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.
In order to implement the intent and terms of this article, there is attached hereto and made part of this article a joint cooperation agreement between this municipality and the County of Delaware, and the appropriate officers of this municipality are hereby authorized and directed to execute said agreement on behalf of this municipality.
Editor's Note: Said agreement is on file in the Borough offices.