[HISTORY: Adopted by Board of Commissioners
of the Township of Springfield 7-14-1987 by Ord. No. 1162.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 118, Solid Waste Management, adopted 1-14-1986 by Ord.
No. 1129.
A.
COLLECTOR
CONTRACTOR
MUNICIPALITY
MUNICIPAL SOLID WASTE
(1)
(2)
(3)
(4)
PERSON
PLANT
SOLID WASTE FACILITY
The following terms shall have the following meanings
in this ordinance:
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.
One or more contractors with whom the county or
the Delaware County Solid Waste Authority (hereinafter referred to
as "Authority") contracts for construction and operation of the proposed
resource recovery plant or plants or other solid waste facilities.
The Township of Springfield.
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[1] and which the county, Authority or contractor, by its
ordinance or regulations, is willing to accept at the plant, but excluding
the following:
Any liquid waste or sludge.
All wastes which are defined by existing or
future federal or state law or regulations as hazardous waste or industrial
residual waste.
Any waste which may be marketable and which
is intentionally segregated for purposes of recycling.
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 the contractor, including all associated property and equipment.
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.
[1]
Editor's Note: The "Act" refers to 35 P.S.
§ 6018.101 et seq.
B.
Certain terms used herein are also defined in the
recitals hereto.3
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3Editor's
Note: The recital to Ord. No. 1162 reads as follows:
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"WHEREAS, the MUNICIPALITY (as hereinafter defined)
finds it necessary to regulate the collection of Municipal Solid Waste
(as hereinafter defined) generated within its boundaries in order
to protect the public health, safety, and welfare of its taxpayers
and residents; and
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WHEREAS, Act No. 180 of July 12, 1972, 53 P.S.
§§ 481 et seq., authorizes a municipality to enter
into joint cooperation agreements with other municipalities in the
exercise or in the performance of their respective governmental functions,
powers, or responsibilities; and
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WHEREAS, the Pennsylvania Solid Waste Management
Act of 1980, as amended, 35 P.S. § 6018.101 et seq. (hereinafter
referred to as the "Act"), authorizes a municipality to require by
ordinance that all municipal wastes generated within its jurisdiction
shall be disposed of at a designated facility: and
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WHEREAS, pursuant to the provisions of the Act,
the Delaware County Council has caused to be prepared the Delaware
County Solid Waste Management Plan of 1985, which was reviewed by
the Pennsylvania Department of Environmental Resources, revised, and
is dated December, 1986 (the "County Plan"), which recommends that
for the foreseeable future the solid waste from this Municipality
be disposed of by means of regional facilities authorized by the County,
the Delaware County Solid Waste Authority, and/or the Authority's
contractor (hereinafter collectively referred to as the "County");
and
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WHEREAS THE COUNTY PLAN, in February 1987, received
preliminary approval from the Pennsylvania Department of Environmental
Resources, with final DER approval conditional upon the County obtaining
such municipal adoptions of the County Plan as may be necessary for
its implementation.
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WHEREAS, the County Plan concludes that a County-wide
solid waste disposal system should include a resources recovery plant
or plants located within the County, because it would be the most
environmentally sound and cost-effective method of disposing of Municipal
Solid Waste within the County; and
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WHEREAS, in order to obtain the environmental,
economic, and public benefits from the plant or plants as discussed
in the County Plan, it is necessary that commitments be obtained from
the local municipalities within the County as to the use of the plant
or plants for the disposal of Municipal Solid Waste from such municipalities;
and
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WHEREAS, the Township of Springfield has full
authority under the applicable laws to provide for the management
of Municipal Solid Waste within its boundaries as hereinafter provided;
and
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WHEREAS, the form of this Ordinance has been
approved by the County, and it has been, or will be, included in the
County's Solid Waste Management Plan, which has been or will be filed
with the Pennsylvania Department of Environmental Resources (DER);
and
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WHEREAS, the County agrees to assist in the implementation
of the County Plan, but only after this Ordinance has been enacted
by a sufficient number of municipalities in the County to make the
construction of such plant or plants as proposed in the County Plan
feasible; and
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WHEREAS, under the Act, any municipality with
a population density in excess of 300 persons per square mile, or
has a solid waste disposal problem, must develop a solid waste management
plan to be approved by DER but may, at its option and with the County's
agreement, delegate this duty to the County, and
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WHEREAS, this Municipality has delegated this
aforesaid duty to the County, and the County has accepted this responsibility."
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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 ordinance 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 along 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 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.
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 contractor. Delivery and disposal at any other place
shall be a violation of this ordinance 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 operation with all applicable laws,
ordinances and regulations pertaining to the collection and transportation
of municipal solid waste.
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.
Any person who shall violate any provision of
this ordinance shall, upon conviction thereof in a summary proceeding
before a District Justice, be sentenced to pay a fine of not more
than $300 and, in default of payment thereof, shall be committed to
the county jail for a period not exceeding 30 days; and each day's
continuance of a violation of this ordinance, as well as each truckload
of illegally delivered trash, shall constitute a separate offense.
In addition to the remedies provided in § 118-7 herein, any continued violation of this ordinance 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 licenses and the terms of the
licenses and license issuance procedures; provided, however, that
no such rules and regulations shall be contrary to the provisions
of this ordinance, the county solid waste plan or applicable law.
The municipality reserves the right to amend
this ordinance or repeal it at any time; provided, however, 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.
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 above upon completion and commencement of operation of the plant in accordance with a contract, containing terms satisfactory to the county, with the contractor providing for construction and operation of the plant.
C.
The term of this agreement shall be for a period of 25 years, and said term shall commence on 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 their own plan under the 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 § 118-2 of this ordinance.
D.
The county shall hold harmless and defend the municipality
from any suit, claim or action challenging the legality of this ordinance
against the municipality. 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.
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 formal Resolution No. 5-84, dated
April 12, 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 this municipality
have reviewed the findings and recommendations of the plan as it affects
this 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 DER for the final approval on behalf of the municipality.
If any part of this ordinance is for any reason
found to be illegal or invalid, such illegality or invalidation shall
not affect any of the remaining parts of this ordinance, which shall
continue to be fully operative as if the illegal or invalid part had
not been enacted.
Springfield Township Ordinance No. 1129, enacted
January 14, 1986, relating to municipal solid waste, is hereby repealed.
All provisions of any other ordinance which are inconsistent with
the provisions of this ordinance are hereby repealed.
This ordinance shall become effective immediately.
Notwithstanding the foregoing, this municipality shall have neither
the right nor the obligation to dispose of its municipal solid waste
at the plant which is contemplated under this ordinance until said
plant is constructed and fully operational.
