[Ord. 1660, 3/11/1991, § 1]
The following terms shall have the following meanings in this
Part:
Municipal waste which is not unacceptable waste or nonprocessible
waste.
County of Montgomery, Pennsylvania.
An ordinance enacted by the County creating the Western County
System in the Western District, providing for the licensure of various
persons, regulating waste flow and setting forth certain related provisions.
That date on which the Western County System shall be declared
by the County to be ready to commence the disposal of acceptable waste
on a sustained basis.
Any material or substance which, by reason of its composition
or characteristics, is: (a) toxic or hazardous waste: (i) as defined
in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901
et seq.; (ii) as defined in Section 6(e) of the Toxic Substances Control
Act, 15 U.S.C. § 2605(e); (iii) under Act 97; or, (iv) under
any other applicable law of similar purpose or effect including, but
not limited to, with respect to each of such items in (i) through
(iv), any replacement, amendment, expansion or supplement thereto,
and any rules, regulations or policies thereunder; or, (b) special
nuclear or by-product materials within the meaning of the Atomic Energy
Act of 1954, 42 U.S.C. § 2011 et seq., and any replacement,
amendment, expansion or supplement thereto, and any rules, regulations
or policies thereunder.
Any other material that any governmental agency or unit having
appropriate jurisdiction shall determine, from time to time, as harmful,
toxic or dangerous, or otherwise ineligible for disposal in the landfill.
A landfill with which the Waste Authority has contracted
to dispose of acceptable waste.
The Borough of Pottstown, located within the County of Montgomery,
Commonwealth of Pennsylvania.
As defined in Section 103 of Act 97, and Section 103 of Act
101, and any rules, regulations or policies promulgated thereunder.
White goods.
Automobile tires in quantity.
Noncombustible items, stumps, logs, brush and other waste which
either: (a) weighs in excess of 25 pounds; or, (b) exceeds one of
the following dimensions: four feet in length, four inches in diameter,
or four inches in thickness; (4) sludges; (5) construction and demolition
debris; or, (6) leaf waste beyond that permitted by Act 101.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, Federal
institution or agency, State institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this Part prescribing a
fine, penalty, imprisonment or denial or grant of any license, or
any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
The Countywide Municipal Waste Management Plan developed
by the County and approved by DER, as such has been and may hereafter
be amended or revised in compliance with law.
The revision dated June, 1990, to the County Municipal Waste
Management Plan developed by the County to be submitted to DER and
approved by a majority of the affected municipalities within the County
representing a majority of the County's population.
Any delivery point within the Western County System designated
by the Waste Authority for delivery of acceptable waste.
That portion of acceptable waste which is not nonprocessible
waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
The segregation and collection, prior to the point of entry
into the Western County System for the purpose of recycling of individual
components of acceptable waste, such as (without limitation) bottles,
cans and other materials in accordance with Act 101.
Any material that, by reason of its composition, characteristics
or quantity, is ineligible for disposal at the landfill pursuant to
the provisions of: (a) the Resource Conservation and Recovery Act
of 1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder,
or (b) except for trace amounts normally found in household or commercial
solid waste, any other similarly applicable law (including, but not
limited to, the following laws and the regulations, if any, promulgated
under each: the Toxic Substances Control Act, 15 U.S.C. § 2601
et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. § 136 et seq.; the Federal Water Pollution Control
Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.; Act 97; the Hazardous Sites Cleanup Act, Act 108, enacted
October 18, 1988; and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any other laws coextensive
with the foregoing).
Any other materials that any governmental body or unit having
or claiming appropriate jurisdiction shall determine, from time to
time, to be harmful, toxic, dangerous or otherwise ineligible for
disposal at the landfill.
Any waste that a landfill or other applicable facility is precluded
from accepting pursuant to any permit or governmental plan governing
such landfill or other applicable facility.
Hazardous waste.
Residual waste, as defined in Act 101 (except as otherwise provided
in any landfill agreement to which the Waste Authority is a party).
Special nuclear or by-product materials within the meaning of
the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.,
and any similar or substituted legislation or regulation or amendments
to the foregoing, including, but not limited to, any other laws coextensive
with the foregoing.
Asbestos, sludge, infectious waste, chemotherapeutic waste and
incinerator ash (except as otherwise provided in any landfill agreement
to which the Waste Authority is a party.
White goods in quantity and/or automobile tires in quantity.
Any other material that the Waste Authority reasonably concludes
would require special handling or present an endangerment to a disposal
facility, the public health or safety, or the environment.
The Waste System Authority of Western Montgomery County created
by the County for purposes relating to municipal waste disposal and/or
the IMA and the County Waste Flow Ordinance.
The Solid Waste Management and Disposal System created by
the County for the Western District, and every aspect thereof, including,
but not limited to, equipment, transfer stations and resource recovery
facilities, residue disposal sites, contractual arrangements or other
rights, owned, acquired, leased, placed under contract, constructed
or assumed, operated, or to be owned, acquired, leased, placed under
contract, constructed, operated or assumed by the Waste Authority,
the County or any agent, designee or contractor of either in connection
with the plan or the plan revision.
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.
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All other words and phrases shall have the same meaning as set
forth in Act 97 or Act 101, as they may hereinafter be amended or
supplemented by legislation regarding municipal waste management or
planning, or as set forth in the IMA. To the extent that any definition
herein varies from the definition in the IMA, the definition in the
IMA shall control.
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[Ord. 1660, 3/11/1991, § 2]
1.
Licensing. No person who is not duly licensed or deemed to be licensed
by the Waste Authority may collect or transport municipal waste located
or generated within the Borough. This waste collection or transportation
license shall be a County license issued by the Waste Authority.
2.
Compliance with Rules, Regulations and Ordinances. In carrying on
activities related to solid waste collection or transportation within
this Borough, all municipal waste collectors and all municipal waste
transporters shall comply with the County Ordinance, this Part and
the other municipal waste flow ordinances, and all rules and regulations
pertaining to the collection, transportation, processing and disposal
of solid waste as may be hereafter promulgated by the Waste Authority.
Delivery by such collectors or transporters to the Western County
System of unacceptable waste, nonprocessible waste (except for white
goods) and waste from unapproved sources is prohibited.
3.
Administration. Licenses hereunder shall be issued and revoked by
the Waste Authority, and administered by it. Any collectors or transporters
who fail to comply with the provisions of this Part shall be subject
to any applicable sanctions in addition to the revocation of their
licenses.
[Ord. 1660, 3/11/1991, § 3]
1.
Delivery to Western County System. Except as provided in subsections (2) and (3), below, all acceptable waste generated within this Borough shall be delivered to the Western County System, and all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within Borough to solid waste facilities designated in the plan or plan revision at one or more points of entry into the Western County System as designated, from time to time, by the Waste Authority.
2.
Disposal at Other Sites. Disposal of municipal waste collected or
generated within the Borough may occur at other sites only as permitted
by rule, regulation, ordinance or order duly issued by the Waste Authority
or by the written agreement of the Waste Authority.
3.
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.
[Ord. 1660, 3/11/1991, § 4]
1.
Compliance with Waste Authority Regulations. The collection, transportation,
processing and disposal of municipal waste present or generated within
the Borough shall be subject to such further reasonable rules and
regulations as may, from time to time, be promulgated by the Waste
Authority, including, without limitation, regulations related to the
operation, management and administration of the Western County System,
applications and standards for licensing requirements for payment
bonds or other payment security including, but not limited to, meeting
liability insurance requirements, fees to be charged for such licensing,
the terms of licenses, procedures, record keeping, transportation
routes, payment for services, billing for shortfalls, sanctions for
nonpayment, and other matters.
2.
Adoption of Regulations. Rules and regulations adopted by the Waste
Authority for the Western County System shall be deemed rules and
regulations adopted under this Part.
3.
Consistency of Regulations with Ordinance and Other Laws. No rules
or regulations adopted by the Borough pursuant to this Part shall
be in violation of or inconsistent with the provisions of this Part,
the other municipal waste flow ordinances, the County Waste Flow Ordinance,
the plan, the plan revision, the provisions and purposes of Act 97,
Act 101 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
Resources, or the Pennsylvania Environmental Quality Board governing
municipal waste planning, collection, storage, transportation, processing
or disposal.
4.
Enforcement of Waste Flow Control. Enforcement of waste flow control
and the terms of and any duties established pursuant to the County
Waste Flow Ordinance, the other municipal waste flow ordinances and
this Part will be the responsibility of the County or the Waste Authority
and, if requested by the County or the Waste Authority, with the cooperation
of the municipalities.
[Ord. 1660, 3/11/1991, § 5]
All generators of municipal waste, and all municipal waste collectors
and municipal waste transporters, any landfill operators, any transfer
station operators, or any other parties involved in the collection,
transportation, processing or disposal of municipal waste of the Borough,
shall cooperate in the taking and preparation of an annual survey
to be conducted by an engineering consultant designated by the Waste
Authority.
[Ord. 1660, 3/11/1991, § 6]
1.
No person shall enter into any contract or conduct any other activity
concerning the collection, transportation, processing or disposal
of municipal waste in the Borough in contravention of the terms of
the County Waste Flow Ordinance, this Part, or any rules and regulations
issued hereunder.
2.
Recycling. Nothing contained in this Part shall interfere with the
operation of any program for recycling.
3.
This Part shall be construed consistent with Act 97 and Act 101.
[Ord. 1660, 3/11/1991, § 7]
The County has created the Waste Authority to administer the
terms of the County Waste Flow Ordinance and to operate and administer
the Western County System.
[Ord. 1660, 3/11/1991, § 8]
1.
Unlawful Conduct. It shall be unlawful for any person to:
A.
Violate, cause or assist in the violation of any provision of this
Part, any rule, regulation or order promulgated hereunder, or any
rule, regulation or order promulgated by the Waste Authority or the
County consistent with this Part.
B.
Transport, process, treat, transfer or dispose of or cause to be
processed, treated, transferred or disposed of municipal waste generated
within the Borough, except as provided for in this Part.
C.
Collect or transport municipal waste present or generated within
the Borough without a valid license for collection or transportation
issued by the Waste Authority.
D.
Hinder, obstruct, prevent or interfere with the Borough, the Waste
Authority or the County, or their personnel, in the conformance of
any duty under this Part or in the enforcement of this Part.
E.
Act in a manner that is contrary to Act 97 or Act 101, regulations
promulgated thereunder, the plan, the plan revision, this Part, the
County Ordinance, rules or regulations promulgated under this Part,
the County Ordinance, or the terms of licenses issued thereunder.
[Ord. 1660, 3/11/1991, § 9; as amended by Ord.
1735, 4/12/1993]
Any person who engages in unlawful conduct, as defined in this
Part, shall, upon conviction thereof before a District Justice, be
sentenced to pay a fine of not more than $1,000, and not less than
$500, for each offense, and, in default of payment thereof, shall
be committed to the County jail for a period not exceeding 30 days.
Each day that there is a violation of this Part shall constitute a
separate offense.
[Ord. 1660, 3/11/1991, § 10]
Upon finding that any person has engaged in unlawful conduct,
as defined in this Part:
[Ord. 1660, 3/11/1991, § 11]
1.
Restraining Violations. In addition to any other remedy provided
in this Part, the Waste Authority, or the County, may institute a
suit in equity where unlawful conduct or public nuisance exists, as
defined in this Part, for an injunction to restrain a violation of
this Part or rules, regulations, orders or the terms of licenses promulgated
or issued pursuant to this Part. In addition to an injunction, the
Court may impose penalties as authorized by § 109 of this
Part.
2.
Concurrent Remedies. The penalties and remedies prescribed by this
Part shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Waste Authority or the County from exercising
any other remedy provided by this Part or otherwise provided at law
or equity.
[Ord. 1660, 3/11/1991, § 12]
1.
Entry Into IMA. In order to implement the intent and terms of this
Part, the Borough, pursuant to the authority of the Intergovernmental
Cooperation Act, Act of July 12, 1972, No. 180, codified at Pa. Stat.
Ann. Title 53, §§ 481 to 490, (Purdon 1974 and Purdon
Supp. 1990), and Article IX, Section 5, of the Constitution of the
Commonwealth of Pennsylvania, has determined to enter into the IMA
between the Borough Authority, the County, the Waste Authority and
other municipalities within the Western District, together with such
changes consistent with this Part, if any, as may be approved by the
officials of the parties executing the same, such execution to be
conclusive evidence of such approval.
2.
Terms and Implementation of IMA. As more fully set forth in the IMA
and this Part:
A.
Terms of IMA. In the IMA:
(1)
The Waste Authority agrees to arrange through the Western County
System, for the provision of municipal waste disposal facilities for
the economical and environmentally sound disposal of acceptable waste
generated within the municipalities.
(2)
The municipalities state that they have enacted a municipal
waste flow ordinance in a form substantially similar to this Part,
which requires that all acceptable waste be delivered to the Western
County System.
(3)
The County and the Waste Authority agree: (a) to enact, or cause
to be enacted, rules and regulations; and, (b) to enforce, or cause
to be enforced, this Part and the County Waste Flow Ordinance and
the parallel Municipal Waste Flow Ordinances.
(4)
The municipalities agree to cooperate with the Waste Authority
in the enforcement of the IMA, and all ordinances enacted pursuant
to the IMA; provided, however, that to the extent the enforcement
of such ordinances can properly be delegated to it, the Waste Authority
shall undertake the primary responsibility for such enforcement, and
the municipalities thereby agree, cooperatively, to exercise their
powers to accomplish the objectives of the IMA.
B.
Duration of Term of the IMA. The term of the IMA shall commence on
the date thereof, and shall terminate on the tenth anniversary of
the date the Western County System becomes operational.
C.
Purpose and Objectives of IMA. The purpose of the IMA is to provide
a mechanism to implement and operate the Western County System.
D.
Financial Obligations Under the IMA. During the term of the IMA,
municipalities (to the extent that they engage in the collection or
transportation of municipal waste or contract with other persons for
the collection or disposal of municipal waste) and other persons using
the Western County System shall pay to the Waste Authority, on a monthly
basis, the appropriate per ton tipping fees, plus any other charges
payable as specified by the Waste Authority, for all tonnage delivered,
or caused to be delivered, to the Western County System, in accordance
with Article III of the IMA. Municipalities shall provide certain
moneys for operating expenses of the Authority to the extent not paid
for through tipping fees on the basis of adjusted population data.
3.
Execution. Appropriate officers of this Borough are authorized and
directed to execute the IMA on behalf of this Borough.
4.
Findings Under Intergovernmental Cooperation Act. As required by
the Intergovernmental Cooperation Act of July 12, 1972, P.L. 762,
No. 180, as amended, the following matters are specifically found
and determined:
A.
The conditions of this agreement are set forth in the IMA.
B.
The duration of the term of this agreement are set forth in Section
801 of the IMA.
C.
The purpose of the IMA is to cooperate with the County or Waste Authority
and other municipalities in implementing the plan and the plan revision.
D.
The agreement will be financed through tipping fees imposed on users
of the Western County System and through the budgeting and appropriation
of funds by the Borough, as necessary, to meet the expenses of the
Waste Authority.
E.
The organizational structure necessary to implement the agreement
is set forth in the IMA, with which the current officers of the Borough
shall cooperate.
F.
The manner in which property, real or personal, shall be acquired,
managed, licensed or disposed of is as set forth in the IMA.
G.
The agreement contemplates cooperation with the County or Waste Authority,
which entities are empowered to enter into contracts for policies
of group insurance and employee benefits, including social security,
for their employees.
[Ord. 1660, 3/11/1991, § 13]
The terms and provisions of this Part are to be liberally construed,
so as best to achieve and to effectuate the goals and purposes hereof.
This Part shall be construed, in pari materia, with Act 97 and Act
101.
[Ord. 1660, 3/11/1991, § 16]
The Borough will take such actions as are necessary to comply
with the terms of the IMA and to fulfill its obligations thereunder.
