[Ord. No. 1071, § 1, 5-13-1991]
The following terms shall have the following meanings in this
article:
ACCEPTABLE WASTE
Municipal waste which is collected from the general public,
or is otherwise consistent with section 7701(e)(3)(B) of the Internal
Revenue Code of 1986, as amended, which is not unacceptable waste.
COMPANY
Dravo Energy Resources of Montgomery County, Inc., its successors
and assigns.
CONTRACTOR
Dravo Operations of Montgomery County, Inc., its successors
and assigns.
COUNTY
County of Montgomery, Pennsylvania.
COUNTY ORDINANCE
An ordinance enacted by the county creating the county system,
providing for the licensure of various persons, regulating waste flow
and setting forth certain related provisions.
COUNTY SYSTEM or SYSTEM
The county solid waste management and disposal system created
by the county and every aspect thereof including, but not limited
to, equipment, transfer 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 county or any agent, designee or contractor
in connection with the plan.
DATE OF COUNTY SYSTEM OPERATION
That date on which the county system shall be declared by
the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
EXISTING CONTRACT
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 municipality.
FACILITY
The mass burn resource recovery and electric generating facility,
together with appurtenant structures and equipment, to be constructed
on a site in Plymouth Township, Montgomery County as contemplated
by the facility agreement.
FACILITY AGREEMENT
The Amended and Restated Facility Agreement among the company,
contractor, and the Montgomery County Industrial Development Authority,
as such may be further amended from time to time.
MUNICIPALITY
The Township of Plymouth, a home rule municipality, located
within the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous materials, resulting from operation of residential, municipal,
commercial, or institutional establishments and from community activities
and any sludge not meeting the definition of residual waste or Hazardous
Waste in Act 97 and Act 101 from a municipal, commercial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility.
MUNICIPAL WASTE AUTHORITY
The waste system authority of Montgomery County created by
the county for purposes relating to municipal waste processing and
disposal and/or the IMA and the county waste flow ordinance.
NONPROCESSIBLE WASTE
That portion of acceptable waste which consists of white
goods, automobile tires in quantity or noncombustible items, stumps,
logs, brush and other waste which either weighs in excess of twenty-five
(25) pounds or exceeds one of the following dimensions: four (4) feet
in length, four (4) inches in diameter or four (4) inches in thickness.
PERSON
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 article 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.
PLAN
The county-wide municipal waste management plan developed
by the county and approved by DER, as such may hereafter be amended
or modified in compliance with law.
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible
waste.
RECYCLING or RECYCLED
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of 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.
SERVICE AGREEMENT
The Amended and Restated Municipal Solid Waste Disposal Service
Agreement by and between the county and Dravo Operations of Montgomery
County, Inc., or any successor thereto, as such may be further amended
from time to time.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry
into the 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.
UNACCEPTABLE WASTE
(1)
Explosives, pathological and biological waste, residual waste
and Hazardous Waste, radioactive materials, sludges, cesspool or other
human waste, human and animal remains, motor vehicles, liquid waste,
contained gaseous materials which may pose a hazard to the facility
or the community, hazardous substances as defined in the Federal Comprehensive
Environmental Response, Compensation and Liability Act, as it may
be amended from time to time hereafter, and any analogous federal,
state or local law, ordinance, rule or regulation as may be applicable
at the time of delivery of waste to the facility, and commercial waste
which is not permitted by law to be treated and disposed of in the
facility;
(2)
Any item of waste either smoldering or on fire;
(3)
Construction and demolition debris, ashes, incinerator residue
and foundry sand;
(4)
Wastes in quantities and concentrations which require special
handling in their collection and/or processing including medical or
other "red bag waste"; and
(5)
All other items of waste which, at the time of delivery to the
facility, would be likely to pose a threat to health or safety or
have been prohibited by any valid and enforceable judicial decision,
order or governmental action from being accepted by the facility.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.
All other words and phrases which have been capitalized in this
article shall have the meanings 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, facility agreement or service agreement. 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. No. 1071, § 2, 5-13-1991]
(a) Licensing. No person who is not duly licensed or deemed to be licensed
by the county may collect or transport municipal waste located or
generated within the municipality. This waste collection or transportation
license shall be a county license issued by the county or the municipal
waste authority. The municipality shall administer such license upon
request of the county or the municipal waste authority.
(b) Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with the county ordinance, this article
and the other Municipal Waste Flow Ordinances and all rules and regulations
pertaining to the collection, transportation and disposal of solid
waste as may be hereafter promulgated by the municipality, or by the
municipal waste authority or the county. Delivery by such collectors
or transporters to the county system of unacceptable waste, nonprocessible
waste (except for white goods) and waste from unapproved sources is
prohibited.
(c) Administration. Licenses hereunder shall be issued and revoked by
the county or the municipal waste authority, and administered by them
or, at their request, by the municipality. Any collectors or transporters
who fail to comply with the provisions of this article shall be subject
to any applicable sanctions in addition to the revocation of their
licenses.
[Ord. No. 1071, § 3, 5-13-1991]
(a) Delivery to county system. Except as provided in paragraphs (b) and
(c) below, all acceptable waste generated within this municipality
shall be delivered to the county system and all acceptable waste collectors
and transporters shall deliver to and dispose of all acceptable waste
collected or generated within municipality to solid waste facilities
designated in the plan at one or more points of entry into the county
system as designated from time to time by the county or the municipal
waste authority.
(b) Disposal at other sites. Disposal of municipal waste collected or
generated within municipality may occur at other sites only as permitted
by rule, regulation, ordinance or order duly issued by the county
or municipal waste authority or by the written agreement of the county
or municipal waste authority and the municipality.
(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.
[Ord. No. 1071, § 4, 5-13-1991]
(a) Compliance with county regulations. The collection, transportation
and disposal of municipal waste present or generated within municipality
shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the county, including any
amendments to the County Waste Flow Ordinance and to such reasonable
rules and regulations as may be adopted by the county or the municipal
waste authority including, without limitation, regulations relating
to the operation, management and administration of the 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. To the extent that a municipality is
engaged in the administration of any licenses pursuant to written
agreement with the county as required in section 303(d) of Act 101
and as provided in the County Waste Flow Ordinance, it shall do so
in accordance with the foregoing rules and regulations, and in any
event, at the direction of the county.
(b) Adoption of regulations. Rules and regulations adopted by the county
or municipal waste authority for the county system shall be deemed
rules and regulations adopted under this article. Each of the municipalities
shall abide by such rules and regulations and will not adopt any rules
and regulations to the contrary.
(c) Consistency of regulations with ordinance and other laws. No rules
or regulations adopted by the municipality pursuant to this article
shall be in violation of, inconsistent with or less stringent than
the provisions of this article, the other municipal waste flow ordinances,
the County Waste Flow Ordinance, the plan, 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.
(d) 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 article will be the responsibility of the county or the municipal
waste authority or the municipalities at the direction of the county
or the municipal waste authority.
[Ord. No. 1071, § 5, 5-13-1991]
An annual survey of all generators of municipal waste, and of
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 municipality shall be conducted by an engineering
consultant designated by the county or the municipal waste authority.
Such engineering consultant shall estimate, based on such survey,
the amount of each type of municipal waste of the municipality expected
to be generated in the following year, after recycling, in total and
in each of the following categories:
(3) Municipal waste disposal arranged for by residents;
(4) Municipal waste disposal arranged for by apartment houses, condominium
associations and other multiresident dwellings;
(5) Municipal waste disposal arranged for by commercial establishments;
(6) Other.
All persons which are the subject of this survey are required
to cooperate in the taking and preparation of the survey.
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In connection with the annual survey, pursuant to the IMA, at
the beginning of the first operating year and at least one hundred
fifty (150) days prior to the beginning of each subsequent operating
year, the county and the municipality shall agree upon the total amount
of the Municipality's Municipal Commitment for such operating year.
This projection will be net of any waste removed as a result of source
separation. This projection shall be further stated in twelve (12)
monthly projections, the sum of which shall be equal to the operating
year projection. This projection shall be adjusted by the county from
time to time following consultation with the municipality, as and
when the county determines that such projection was incorrect, and
from year to year in accordance with the experience of the previous
year and the volume anticipated in the coming year.
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At the time that the county and municipality make the foregoing
projection, municipality shall assist the county in projecting the
total amount of acceptable waste expected to be generated within the
municipality during the forthcoming operating year.
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Based upon the foregoing projections, county shall make projections
of total tonnage and projections of monthly tonnage as required pursuant
to any applicable disposal agreements, including the service agreement
with respect to the facility. The county shall use its best efforts
to maximize the tonnage delivered to the facility up to the maximum
capacity of the facility.
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[Ord. No. 1071, § 6, 5-13-1991]
(a) Municipality shall not construct, enlarge, operate or contract for
or renew any contract for any facility or hauling to any facility,
other than a facility designated by the county pursuant to the IMA
or regulations promulgated pursuant to the IMA, for, or enter into
or renew any contract for, the treatment, processing and/or disposal
of municipally generated acceptable waste except as shall conform
to the county ordinance and this article as the county may expressly
agree to in writing. In addition, municipality shall take all such
action as may be necessary to ensure that all of its obligations will
be met once the county system is operational. Municipality shall agree
to use its best efforts to assign its rights under any contract concerning
the use of any disposal facilities or transfer stations to which it
was a party to the county on the effective date of the IMA. Any such
assigned contract shall become part of the county system; provided,
however, with respect to any such contracts for which assignment is
not possible, each Participating Municipality shall act at the direction
of the county with respect to such contract and such contract shall
be deemed to be part of the county system.
(b) No person shall enter into any contract or conduct any other activity
concerning the collection, transportation, processing or disposal
of municipal waste in municipality in contravention of the terms of
the County Waste Flow Ordinance, this article or any rules and regulations
issued thereunder.
(c) Nothing contained in this article shall interfere with the operation
of any program for recycling.
(d) This article shall be construed consistently with Act 97 and Act
101.
[Ord. No. 1071, § 7, 5-13-1991]
The county will create a municipal waste authority to administer
the terms of the County Waste Flow Ordinance and to operate the county
system. This authority shall be recognized as having the power to
act in place of the county, to the extent determined by the county.
[Ord. No. 1071, § 8, 5-13-1991]
(a) Unlawful conduct. It shall be unlawful for any person to:
(1)
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 the county or the
municipal waste authority consistent with this article;
(2)
Transport, process, treat, transfer, or dispose of or cause
to be processed, treated, transferred or disposed municipal waste
generated within the municipality except as provided for in this article;
(3)
Collect or transport municipal waste present or generated within
the municipality without a valid license for collection or transportation
issued by the county or the municipal waste authority;
(4)
Hinder, obstruct, prevent or interfere with the municipality,
the municipal waste authority or the county or their personnel in
the performance of any duty under this article or in the enforcement
of this article;
(5)
Act in a manner that is contrary to Act 97 or Act 101, regulations
promulgated thereunder, the plan, this article, the county ordinance,
rules or regulations promulgated under this article, the county ordinance
or the terms of licenses issued thereunder.
(b) Public nuisance. Any unlawful conduct set forth in paragraph (a)
hereof shall constitute a public nuisance.
[Ord. No. 1071, § 9, 5-13-1991]
Any person who engages in unlawful conduct as defined in this
article shall, upon conviction thereof, in a summary proceeding before
a district justice, be sentenced to pay a fine of not more than one
thousand dollars ($1,000.00) and not less than five hundred dollars
($500.00) and, in default of payment thereof, shall be committed to
the county jail for a period not exceeding thirty (30) days. Each
day that there is a violation of this article shall constitute a separate
offense.
[Ord. No. 1071, § 10, 5-13-1991]
Upon finding that any person has engaged in unlawful conduct as defined in this article, the municipal waste authority or the county may revoke any license issued to that person in accordance with section
8-164 of this article and the municipal waste authority or the county may deny any subsequent application by that person for a license pursuant to section
8-164 hereof.
[Ord. No. 1071, § 11, 5-13-1991]
(a) Restraining violations. In addition to any other remedy provided in this article, the municipality or the county 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 section
8-171 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 municipality or the county from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
[Ord. No. 1071, § 12, 5-13-1991]
(a) Entry into IMA. In order to implement the intent and terms of this article, the municipality, pursuant to the authority of the Intergovernmental Co-Operation Act, Act of July 12, 1972, No. 180, codified at Pennsylvania Statutes Annotated, title 53, sections 481 to 490 (Purdon 1974 and Purdon Supp. 1988) and article
IX, section 5 of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into the IMA between the municipality, the county, and other municipalities within Solid Waste Districts Nos. One and Two of the county, together with such changes 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.
(b) Terms and implementation of IMA. As more fully set forth in the IMA
and this article:
(1)
Conditions and terms of IMA. In
the IMA:
a.
The county or the municipal waste authority agrees to arrange
through the county system for the provision of municipal waste disposal
facilities for the economical and environmentally sound disposal of
acceptable waste generated within the Participating Municipalities,
and in the course thereof to arrange for the construction of a privately
owned 1,200-ton per day facility for the processing or other disposition
of acceptable waste generated within the several jurisdictions of
the Participating Municipalities.
b.
The Participating Municipalities state that they have enacted
a Municipal Waste Flow Ordinance in a form substantially similar to
this article and assure that the Residential Component of their acceptable
waste will be delivered to the county system;
c.
The county or the municipal waste authority agrees to enact
or cause to be enacted rules and regulations and to enforce or cause
to be enforced this article and the County Waste Flow Ordinance and
the parallel Municipal Waste Flow Ordinances;
d.
The parties agree to cooperate in the joint enforcement of the
IMA and all ordinances enacted pursuant to the IMA and the Participating
Municipalities thereby agree cooperatively to exercise, to delegate
to the county or the municipal waste authority, and to allow delegation
of such powers, duties and responsibilities as set forth in the IMA.
(2)
Duration of term of the IMA. The term of the IMA shall commence
on the closing date for the financing of the facility and shall terminate
on the earlier of the thirtieth anniversary of such date or at the
end of the Operating Year in which all Bonds and any other indebtedness
outstanding issued in connection with the Bonds or owed to any Assignee
as been paid in full.
(3)
Purpose and objectives of IMA. The purpose of the IMA is to
provide a mechanism to finance, to construct and to operate the county
system to serve the municipalities within the county, and to provide
continuing municipal waste planning, as more fully set forth in the
recitals to the IMA and this article.
(4)
Manner and extent of financing the IMA. During the term of the IMA, Participating Municipalities and other persons using the county system shall pay to the county on a monthly basis the then-current per-ton Municipal Tipping Fee plus any other charges payable, as specified by the county and then in effect, for all tonnage delivered or caused to be delivered to the county system, in accordance with article
III of the IMA.
(c) Execution. Appropriate officers of this municipality are authorized
and directed to execute the IMA on behalf of this municipality.
(d) 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:
(1)
The conditions of agreement are set forth in the IMA;
(2)
The duration of the term of the agreement is set forth in section
901 of the IMA;
(3)
The purpose of the IMA is to cooperate with the county or municipal
waste authority and other Participating Municipalities in implementing
the plan;
(4)
The agreement will be financed through the budgeting and appropriation
of funds by municipality as necessary to meet municipality's obligations;
(5)
The organizational structure necessary to implement the agreement
is set forth in the IMA with which the current officers of municipality
shall cooperate;
(6)
The manner in which property, real or personal, shall be acquired,
managed, licensed or disposed of is by way of lease or other contract
otherwise as set forth in the IMA; and
(7)
The Agreement contemplates cooperation with county or municipal
waste authority, which entities are empowered to enter into contracts
for policies of group insurance and employee benefits, including Social
Security, for its employees.
[Ord. No. 1071, § 13, 5-13-1991]
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 Act 97
and Act 101.