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 facilities
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 10-5-1987 by Ord. No. 568]
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 fine of not more than $300 and/or
shall be committed to the County Jail for a period not exceeding 90
days. Each day's continuance of any other violation of this article,
as well as each truckload of illegally delivered trash, shall constitute
a separate offense.
In addition to the remedies provided in §
495-16 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
(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.