[Adopted 10-9-1990 by Ord. No. 403 (Ch.
20, Part 2, of the 1994 Code)]
[Amended 4-9-1997 by Ord. No. 420II]
A.
ACCEPTABLE WASTE
COUNTY
COUNTY ORDINANCE or COUNTY WASTE FLOW ORDINANCE
DATE OF NORTHERN COUNTY SYSTEM OPERATION
HAZARDOUS WASTE
(1)
(a)
(b)
(2)
LANDFILL
MUNICIPALITY
MUNICIPAL WASTE
NONPROCESSIBLE WASTE
NORTHERN COUNTY SYSTEM or SYSTEM
NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION
PERSON
PLAN
PLAN REVISION
POINT OF ENTRY INTO THE NORTHERN COUNTY SYSTEM
PROCESSIBLE WASTE
RECYCLING or RECYCLED
SOURCE SEPARATION
UNACCEPTABLE WASTE
(1)
(a)
(b)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
WHITE GOODS
The following terms shall have the following meanings
in this article:
Municipal waste which is not unacceptable waste or nonprocessible
waste.
County of Montgomery, Pennsylvania.
An ordinance enacted by the county creating the Northern
County System in the Northern District, providing for the licensure
of various persons, regulating waste flow and setting forth certain
related provisions.
That date on which the Northern 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:
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; and
Any other material that any governmental agency
or unit having appropriate jurisdiction shall determine from time
to time is harmful, toxic, or dangerous, or otherwise ineligible for
disposal in the landfill.
A landfill with which the Northern Montgomery County Recycling
Commission has contracted to dispose of acceptable waste.
The Township of Hatfield, a Township of the First Class,
located within the County of Montgomery, Commonwealth of Pennsylvania.
Municipal waste as defined in Section 103 of Act 97 and Section
103 of Act 101,[1] and any rules, regulations or policies promulgated thereunder.
The solid waste management and disposal system created by
the county for the Northern 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 Northern Montgomery
County Recycling Commission, the county or any agent, designee or
contractor of either in connection with the plan or the plan revision.
The legal entity that has been delegated certain duties and
powers under the Intermunicipal Agreement for the Recycling of Northern
Montgomery County Recycled Waste effective January 1, 1996, respecting
recycling, including, but not limited to, the development and implementation
of common recycling programs.[2]
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.
The county-wide municipal waste management plan developed
by the county and approved by DEP, 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 DEP 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 Northern County System designated
by the Northern Montgomery County Recycling Commission for delivery
of acceptable waste.
The 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 Northern 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:
The Resource Conservation and Recovery Act of
1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder;
or
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 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 Northern
Montgomery County Recycling Commission 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 Northern Montgomery County Recycling Commission
is a party);
White goods in quantity and/or automobile tires
in quantity; and
Any other material that the Northern Montgomery
County Recycling Commission reasonably concludes would require special
handling or present an endangerment to a disposal facility, the public
health or safety, or the environment.
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.
B.
All other capitalized words and phrases shall have
the same meanings as set forth in Act 97 or Act 101[3] as they may hereinafter be amended or supplemented by
legislation regarding municipal waste management or planning, or as
set forth in the IMA.
[3]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq.
C.
To the extent that any definition herein varies from
the definition in the IMA, the definition in the IMA shall control.
[Amended 4-9-1997 by Ord. No. 420II]
A.
Licensing. No person who is not duly licensed or deemed
to be licensed by the Northern Montgomery County Recycling Commission
may collect or transport municipal waste located or generated within
the Township. This waste collection or transportation license shall
be a county license issued by the Northern Montgomery County Recycling
Commission.
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 the county ordinance, this article
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 Northern Montgomery
County Recycling Commission. Delivery by such collectors or transporters
to the Northern 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 Northern Montgomery County Recycling Commission,
and administered by it. 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.
[Amended 4-9-1997 by Ord. No. 420II]
A.
Delivery to Northern County System. Except as provided in Subsections B and C below, all acceptable waste generated within this Township shall be delivered to the Northern County System and, all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within the Township to the solid waste facilities designated in the plan or the plan revision at one or more points of entry into the Northern County System as designated from time to time by the Northern Montgomery County Recycling Commission.
B.
Disposal at other sites. Disposal of municipal waste
collected or generated within the Township may occur at other sites
only as permitted by rule, regulation, ordinances or order duly issued
by the Northern Montgomery County Recycling Commission or by the written
agreement of the Northern Montgomery County Recycling Commission.
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 4-9-1997 by Ord. No. 420II]
A.
Compliance with Northern Montgomery County Recycling
Commission Regulations. The collection, transportation, processing,
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 Northern Montgomery
County Recycling Commission, including, without limitation, regulations
relating to the operation, management, and administration of the Northern
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.
B.
Adoption of regulations. Rules and regulations adopted
by the Northern Montgomery County Recycling Commission for the Northern
County System shall be deemed rules and regulations adopted under
this article.
C.
Consistency of regulations with ordinances and other
laws. No rules or regulations adopted by the Township pursuant to
this article shall be in violation of or inconsistent with the provisions
of this article, 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,[1] 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.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq.
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 Northern Montgomery County Recycling Commission, with the cooperation
of the municipalities.
[Amended 4-9-1997 by Ord. No. 420II]
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 Township, shall cooperate in the taking and preparation of
an annual survey to be conducted by an engineering consultant designated
by the Northern Montgomery County Recycling Commission.
A.
No person shall enter into any contract or conduct
any other activity concerning the collection, transportation, processing,
or disposal of municipal waste in the Township in contravention of
the terms of the county waste flow ordinance, this article, or any
rules and regulations issued thereunder.
B.
Recycling. Nothing contained in this article shall
interfere with the operation of any program for recycling.
[Amended 4-9-1997 by Ord. No. 420II]
The county has created the Northern Montgomery
County Recycling Commission to administer the terms of the county
waste flow ordinance and to operate and administer the Northern County
System.
[Amended 4-9-1997 by Ord. No. 420II]
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 Northern Montgomery
County Recycling Commission or the county 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 Township except as provided for in this
article.
(3)
Collect or transport municipal waste present or generated
within the Township without a valid license for collection or transportation
issued by the Northern Montgomery County Recycling Commission.
(4)
Hinder, obstruct, prevent or interfere with the Township,
the Northern Montgomery County Recycling Commission 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,[1] regulations promulgated thereunder, the plan, the plan
revision, this article, the county ordinance, rules or regulations
promulgated under this article, the county ordinances or the terms
of license issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq.
Any person who engages in unlawful conduct as
defined in this article shall, upon conviction thereof, in a proceeding
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
article shall constitute a separate offense.
[Amended 4-9-1997 by Ord. No. 420II]
Upon finding that any person has engaged in
unlawful conduct as defined in this article:
[Amended 4-9-1997 by Ord. No. 420II]
A.
Restraining violations. In addition to any other remedy provided in this article, the Northern Montgomery County Recycling Commission 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 § 238-19 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 Northern Montgomery County Recycling
Commission or the county from exercising any other remedy provided
by this article or otherwise provided at law or equity.
[Amended 4-9-1997 by Ord. No. 420II; 4-22-1998]
A.
Entry into IMA. 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,
codified at 53 P.S. §§ 481 to 490,[1] and Article IX, Section 5 of the Constitution of the Commonwealth
of Pennsylvania, has determined to enter into the IMA between the
Township, the county, the Northern Montgomery County Recycling Commission
and other municipalities within the Northern District, 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.
[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.
B.
Terms and implementation of IMA: as more fully set
forth in the IMA and this article.
(1)
Terms of IMA. In the IMA:
(a)
The Northern Montgomery County Recycling Commission
agrees to arrange through the Northern County System for the provision
of municipal waste disposal facilities for the economical and environmentally
sound disposal of acceptable waste generated within the municipalities.
(b)
The municipalities state that they have enacted
a municipal waste flow ordinance in a form substantially similar to
this article which requires that all acceptable waste be delivered
to the Northern County System.
(d)
The municipalities agree to cooperate with the
Northern Montgomery County Recycling Commission 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 Northern Montgomery County Recycling
Commission 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.
(2)
Duration of term of the IMA. The term of the IMA shall
terminate on October 31, 2003.
(3)
Purpose and objectives of IMA. The purpose of the
IMA is to provide a mechanism to implement and operate the Northern
County System.
(4)
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 Northern County System shall pay to the Northern
Montgomery County Recycling Commission on a monthly basis the appropriate
per-ton tipping fee plus any other charges payable, as specified by
the Northern Montgomery County Recycling Commission, for all tonnage
delivered or caused to be delivered to the Northern County System,
in accordance with Article 3 of the IMA. Municipalities shall provide
certain monies for operating expenses of the Northern Montgomery County
Recycling Commission to the extent not paid for through tipping fees
on the basis of adjusted population data.
C.
Execution. Appropriate officers of this municipality
are authorized and directed to execute the IMA on behalf of this Township.
D.
Findings under Intergovernmental Cooperation Act.
As required by the Intergovernmental Cooperation Act of July 12, 1972,
P.L. 762, No. 180, as amended,[2] the following matters are specifically found and determined:
(1)
The conditions of agreement are as set forth in the
IMA;
(2)
The duration of the term of the agreement is set forth
in Section 801 of the IMA;
(3)
The purpose of the IMA is to cooperate with the county
or Northern Montgomery County Recycling Commission and other municipalities
in implementing the plan and the plan revision;
(4)
The agreement will be financed through tipping fees
imposed on users of the Northern County System and through the budgeting
and appropriation of funds by the Township as necessary to meet the
expenses of the Northern Montgomery County Recycling Commission;
(5)
The organizational structure necessary to implement
the agreement is set forth in the IMA with which the current officers
of the Township shall cooperate;
(6)
The manner in which property, real or personal, shall
be acquired, managed, licensed or disposed of is as set forth in the
IMA; and
(7)
The agreement contemplates cooperation with the county
or Northern Montgomery County Recycling Commission, which entities
are empowered to enter into contracts for policies of group insurance
and employee benefits, including Social Security, for their employees.
[2]
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.
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.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq.
The Township will take such actions as are necessary
to comply with the terms of the IMA and to fulfill its obligations
thereunder.