[HISTORY: Adopted by the Board of Supervisors of East Earl
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-27-1987 by Ord. No. 45A (Ch. 20, Part 1, of the 2001 Code
of Ordinances)]
[Amended 11-13-2001 by Ord. No. 106]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings in this article:
The County of Lancaster.
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this Township.
The waste to energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
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.
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest and its predecessor in interest,
the Lancaster Area Refuse Authority.
The Township of East Earl, a Township of the second class
located within the County of Lancaster, Commonwealth of Pennsylvania.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state 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
article 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 legal entity having officers and directors.
The Municipal Waste Management Plan for the County adopted
by the County or Municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
Any delivery site within the system designated by LCSWMA
for delivery or regulated municipal waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
Any garbage, refuse, industrial lunchroom or office waste,
and other material, including solid or semisolid 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
the Pennsylvania Solid Waste Management Act, Act of July 2, 1980,
P.L. 380, No. 97, 35 P.S. § 6018.103, and which LCSWMA,
the County, or any contractor ("contractor") selected by the County
or LCSWMA 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:
Any liquid waste or sludge;
Any waste which is defined by existing or future federal or
state law or regulation as hazardous waste or residual waste;
Infectious waste, pathological waste or other waste for which
treatment or handling requirements different from those normally applicable
to municipal waste apply;
Polychlorinated biphenyls;
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling; and
Materials specifically excluded under applicable County or LCSWMA
ordinances, rules or regulations.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
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 LCSWMA or any agent, designee or contractor
thereof in implementation of the plan.
Any solid waste facility which is now or hereafter may be
established by LCSWMA 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.
B.
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, 35 P.S. § 6018.101 et seq., as it may
hereinafter be amended or supplemented by legislation regarding municipal
waste planning.
A.
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 Township. This prohibition shall
become effective 120 days from the effective date of this section
of this article.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this Township, 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 hereinafter enacted by this Township 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
35 P.S. § 315, as hereafter amended.[1]
[1]
Editor's Note: 53 P.S. § 315 was repealed 6-19-2001
by P.L. 287, No. 22; for subject matter of the repealed sections,
see now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
C.
Administration. Licenses hereunder shall be issued, revoked and administered
by LCSWMA.
A.
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 Township 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.
B.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the Township 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 Township. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Township, the County and LCSWMA as provided in § 350-6C of this article shall be permitted.
C.
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.
[Amended 11-13-2001 by Ord. No. 106]
A.
Compliance with county and LCSWMA regulations. The collection, transportation
and disposal of municipal waste present or generated within the Township
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 35 P.S. § 315,[1] 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.
[1]
Editor's Note: 53 P.S. § 315 was repealed 6-19-2001
by P.L. 287, No. 22; for subject matter of the repealed sections,
see now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq.
B.
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 § 350-11, hereof, shall be deemed rules and regulations adopted under this article and the County is hereby authorized to adopt such rules and regulations.
C.
Consistency of regulations with article and other laws. No rules
or regulations adopted pursuant to this article shall be contrary
to or less stringent than the provisions of this article, 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
Protection or the Pennsylvania Environmental Quality Board governing
municipal waste planning, collection, storage, transportation, processing
or disposal.
A.
Noninterference with existing contracts. Nothing contained in this
article shall be construed to interfere with or in any way modify
the provisions of any existing contract in force in the Township on
the effective date of this article.
B.
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 article unless such renewal or such contract shall conform
to the requirements of this article, the County waste flow ordinance,
rules and regulations promulgated thereunder, and the terms of licenses
issued thereunder.
[Amended 11-13-2001 by Ord. No. 106]
A.
Prohibition of private waste processing and disposal facilities.
No person other than LCSWMA, the United States of America, the Commonwealth
of Pennsylvania, a county, a municipality, an authority created by
the foregoing, or a person acting on behalf of the foregoing shall
use or permit to be used any property owned or occupied by that person
within the Township as a municipal waste processing or disposal facility,
either for municipal waste generated within the Township or elsewhere
without the express written approval of the Township, the County and
Lancaster Area Refuse Authority (LARA).
B.
Recycling. The prohibition set forth in Subsection A, above, shall not interfere with the operation of any program for recycling.
C.
Existing facilities. The prohibition set forth in Subsection A, above, 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 article, provided:
(1)
The owner or operator of the facility provides written notice to
the County and the Township of the facility permit number, address,
ownership and existing sources of waste no later than 60 days after
the effective date of this article.
(2)
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 Township pursuant to this section.
(3)
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
DEP-approved municipal waste management plan.
(4)
Notices under this section shall be submitted to the Secretary of
the Township on behalf of the Township. The County may, by resolution,
designate LCSWMA or another authority or agency as the entity which
will receive notice pursuant to this section.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
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.
(2)
Violate, cause or assist in the violation of any provision of this
article, any rule, regulation or order promulgated hereunder, or any
rule, regulation or order promulgated by LCSWMA or the County consistent
with this article.
(3)
Process, treat, transfer or dispose of or cause to be processed,
treated, transferred or disposed regulated municipal waste generated
within the Township 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 § 20-106(3)
of this article, without the express written consent of any municipality
within which the facility is located, the County and LCSWMA.
(4)
Collect or transport municipal waste present or generated within
the County without a valid license for disposal issued by LCSWMA.
(5)
Hinder, obstruct, prevent or interfere with the Township, the County,
LCSWMA or their personnel in the performance of any duty under this
article or in the enforcement of this article.
(6)
Act in a manner that is contrary to Pennsylvania Solid Waste Management
Act, regulations promulgated thereunder, the plan, this article, the
County ordinance, rules or regulations promulgated thereunder, or
the terms of licenses issued thereunder.
[Amended 11-13-2001 by Ord. No. 106]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct
as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the Township, the County or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 305-8, hereof, and revoke any licenses as authorized by § 350-9, hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township, the County or LCSWMA from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
A.
Entry into intermunicipal agreement. In order to implement the intent
and terms of this article, the Township, pursuant to the authority
of the Intergovernmental Cooperation Act, Act of July 12, 1972, No.
180, 53 P.S. § 481 et seq.,[1]and Article IX, § 5 of the Constitution of the
Commonwealth of Pennsylvania, hereby enters into the intermunicipal
joint cooperation agreement between this Township, the County and
other municipalities within the County of Lancaster, which is attached
hereto as Exhibit A[2] and incorporated herein, together with such changes consistent
with this article, 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]
Editor's Note: Said Act was repealed 12-19-1996 by P.L. 1158,
No. 177; see now 53 Pa.C.S.A. § 2301 et seq.
[2]
Editor's Note: The intermunicipal joint cooperation agreement
between the Township, the County and other municipalities within the
County of Lancaster, is on file in the Township office.
B.
Terms and implementation of intermunicipal agreement. As more fully
set forth in the intermunicipal agreement and this article:
(1)
Conditions and terms of agreement. In the agreement:
(a)
The County agrees:
[1]
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.
[2]
To coordinate recycling activities and marketing.
[3]
To ensure continuing municipal waste planning for the County
and the participating municipalities by entering into an agreement
with LCSWMA.
(b)
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 article and to ensure otherwise that all acceptable municipal
solid waste be delivered to the County system.
(d)
The County agrees to ensure reasonable solid waste disposal
fees for residents of the participating municipalities.
(e)
The parties agree to cooperate in the joint enforcement of the
intermunicipal agreement and all ordinances enacted pursuant to the
intermunicipal agreement and this Township thereby agrees cooperatively
to exercise, to delegate to the County, and to allow delegation of
such powers, duties and responsibilities as set forth in the intermunicipal
agreement.
(2)
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.
(3)
Purpose and objectives of agreement. The purpose of the intermunicipal
agreement is to provide a mechanism:
(a)
To finance, to construct and to operate a municipal waste disposal
system to serve this Township and other municipalities within the
County.
(b)
To administer a County-wide recycling program.
(c)
To provide continuing municipal waste planning, as more fully
set forth in the recitals to the intermunicipal agreement and this
article.
(4)
Manner and extent of financing the agreement. Enforcement of this
article shall be financed by the County's general revenues, except
insofar as the Township elects to enforce this article; administration
of this article, the recycling program and planning shall be financed
by LCSWMA with revenues received 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.
(5)
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 operate or arrange for the construction and operation
of the County system.
(b)
Administer and enforce this article and parallel ordinances
adopted by the County and other municipalities pursuant to the intermunicipal
agreement; and the County and the Township shall enforce said waste
flow ordinances with assistance from LCSWMA.
(6)
Management and acquisition of property. All property within the County
system shall be acquired, managed and disposed of by LCSWMA, in accordance
with its separate agreement with the County and the powers and duties
imposed upon LCSWMA by law.
C.
Execution. Appropriate officers of the Township are authorized and
directed to execute the intermunicipal agreement on behalf of the
Township.
[Amended 11-13-2001 by Ord. No. 106]
The Township 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 LCSWMA 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 the DEP grants preliminary approval to the plan. Charges
may differ for different categories of waste and for different points
of entry into the system.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari materia with the Act
of July 7, 1980, P.L. 330, No. 97, known as the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq.
[Adopted 7-10-1990 by Ord. No. 60 (Ch. 13, Part 3, of the 2001 Code of
Ordinances)]
The dumping or placing of garbage, trash, refuse, rubbish, tin
cans, paper, industrial wastes, animal excrement and other similar
waste material on any property, or the disposal thereof by landfill
operations, within the Township is prohibited, except as hereinafter
provided. This provision shall not prohibit the use of animal excrement
as fertilizer on active farms, provided that such use is in accordance
with the then existing laws, rules and regulations governing nutrients
and manure.
No land shall be used in the Township for the placing or dumping
thereon of garbage, trash, refuse, rubbish, tin cans, paper, industrial
wastes, animal excrement and any similar waste material for a monetary
or other valuable consideration, or the disposal thereof by landfill
operation without first having made an application, in writing, to
the Secretary of the Board of Supervisors for a permit, and paying
the fee fixed by this article. Said application shall also include
an agreement to allow the Supervisors of East Earl Township or its
agent to inspect land owned or used by the applicant for dumping of
waste materials and/or the disposal thereof by landfill operation.
No permit shall be granted without the applicant first showing
compliance with the provision of the Act of July 31, 1968, No. 241,
as amended, 35 P.S. § 6001 et seq.,[1] known as the "Pennsylvania Solid Waste Management Act"
and all of the rules and regulations as adopted thereunder and all
rules and regulations adopted by the Lancaster County Solid Waste
Management Authority or successor organizations, with respect to Lancaster
County waste flow ordinances, which provisions are hereby made a part
of this article and incorporated herein by reference.
[1]
Editor's Note: See now 35 P.S. § 6018.101 et seq.
[Amended 11-13-2001 by Ord. No. 106]
The fee for said permit shall be an amount as established from
time to time by resolution of the Township Board of Supervisors, and
shall be in effect for one year from the date of issuance, unless
previously revoked for cause by the said Township. The Board of Supervisors
of East Earl Township may revoke any permit, after due hearing, if
the holder thereof has, in the judgment of the said Supervisors, violated
any of the regulations or provisions of this article or is causing
contamination of the waters of the Township.
The Board of Supervisors of East Earl Township may refuse to
issue a permit when in its opinion any dump or landfill is so located
that it constitutes a public nuisance or a hazard to the health, comfort,
cleanliness and safety of the citizens of the Township.
All trucks or motor vehicles of any description used to transport
waste material and refuse shall be properly covered and protected
in such a manner so that none of the waste material and refuse shall
in any manner be spilled or cause to be spilled upon any Township
Road, any of the waste material and refuse being properly hauled in
accordance with the provisions of this article.
[Amended 11-13-2001 by Ord. No. 106]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
