[Adopted 1-25-1988]
All collectors and/or haulers of municipal solid
waste who handle such waste which has as its place of origin Mahoning
Township, Montour County, Pennsylvania, shall deliver such waste only
to Lycoming County's Solid Waste Disposal Facility.
As a condition of such collectors' and/or haulers'
right to collect and haul such waste, such collectors and/or haulers
shall pay to Lycoming County, upon such terms of cash and/or credit
as Lycoming shall approve, all fees charged by Lycoming in connection
with the disposal of the collectors' and/or haulers' solid waste.
All haulers and/or collectors of municipal solid
waste generated in Mahoning Township will be permitted to collect
and/or haul such waste only during the period of time that such collectors
and/or haulers have issued to them a valid existing license so to
do issued by Lycoming. Such license shall be a prerequisite of any
depositing of such municipal waste in Lycoming's solid waste facilities.
All collectors and/or haulers of municipal solid
waste generated in Mahoning Township must comply with all regulations
of Lycoming County adopted by it regulating and depositing of such
waste in Lycoming County's solid waste facilities.
All collectors and/or haulers of municipal solid
waste generated in Mahoning Township will be liable to Lycoming for
all loss sustained by Lycoming arising out of the said collectors'
and/or haulers' delivery of municipal solid waste to Lycoming County's
facilities not in conformity with the then-existing permit(s) to operate
those solid waste facilities.
All municipal solid waste delivered to Lycoming
and disposed of in accordance with the terms of this article becomes
and remains the property of Lycoming as long as such municipal solid
waste is in compliance with the then-current permit held by Lycoming
County from the Department of Environmental Protection and all other
regulatory bodies.
The collectors and/or haulers will be liable
to Lycoming County for any waste delivered to Lycoming's solid waste
facilities which is not in compliance with Lycoming's then-existing
permit. Any waste not in compliance with Lycoming's permit to accept
municipal solid waste shall remain the property and responsibility
of said collectors and/or haulers and may be removed by Lycoming from
Lycoming's solid waste facilities and disposed of in accordance with
laws and/or regulations at such collectors' and/or haulers' expense.
In the event that Lycoming County's right to
operate its existing facilities for the disposal of solid waste located
on property of the Federal Bureau of Prisons near Allenwood, Pennsylvania,
is terminated for any reason, Lycoming shall not be liable to any
haulers or collectors of municipal solid waste generated in Mahoning
Township for damages nor be under any obligation to provide an alternate
municipal solid waste disposal facility.
Any collector and/or hauler who shall violate or fail to comply with any of the provisions of this article shall have his Mahoning Township license, issued under Article I, Refuse Collectors, of this Chapter 196, revoked after service of written notice of the alleged violation and shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
