[Adopted 8-11-1987 by Ord. No. 1018]
A.
COLLECTOR
CONTRACTOR
MUNICIPAL SOLID WASTE
(1)
(2)
(3)
(4)
MUNICIPALITY
PERSON
PLANT
SOLID WASTE FACILITY
The following terms shall have the meanings indicated in this article:
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 the "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants or other solid waste facilities.
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:
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.
The Borough of Ridley Park.
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: See 35 P.S. § 6018.101 et seq.
B.
Certain terms used herein are also defined in the recitals hereto.[2]
[2]
Editor's Note: The recitals to Ord. No. 1018, which adopted
this article, read as follows:
"WHEREAS, the Borough of Ridley Park finds it necessary to
regulate the collection and disposal of municipal solid waste, as
defined hereinafter, generated within its boundaries in order to protect
the public health, safety and welfare of its taxpayers and residents;
and
"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
"WHEREAS, the Pennsylvania Solid Waste Management Act of 1980,
as amended, 35 P.S. § 6018.101 et seq. (hereafter "Act")
authorizes a municipality to require, by ordinance, that all municipal
wastes generated within its jurisdiction shall be disposed at a designated
facility; and
"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
"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's obtaining
such municipal adoptions of the county plan as may be necessary for
its implementation; and
"WHEREAS, the county plan concludes that a county-wide solid
waste disposal system should include a resource 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
"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
"WHEREAS, the Borough of Ridley Park has full authority under
the applicable laws to provide for the management of municipal solid
waste within its boundaries as hereinafter provided; and
"WHEREAS, the form of this article 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
"WHEREAS, the county agrees to assist in the implementation
of the county plan, but only after this article 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
"WHEREAS, under the Act, any municipality with a population
density in excess of 300 persons per square mile or which 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
"WHEREAS, this municipality has delegated this aforesaid duty
to the county, and the county has accepted this responsibility."
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 article 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 among 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
article 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.[1]
[1]
Editor's Note: Original § 7 of Ord. No. 1018,
Penalties, which immediately followed this section, was repealed 10-21-2003
by Ord. No. 1131.
In addition to the remedies provided in Article IV herein, any continued violation of this article 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 the license application, the amount
of fee to be charged for said license and the terms of licenses and
license issuance procedures; provided, however, that no such rules
and regulations shall be contrary to the provisions of this article,
the County Solid Waste Plan or applicable law.
The municipality reserves the right to amend this article 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 the date when the county advises the municipality
that the plant is operational. 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
its own plan under the Act[1] 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 § 115-23 of this article.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
D.
The county shall hold harmless and defend the municipality from any
suit, claim or action challenging the legality of this article 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 receiving
notice thereof.
B.
The municipality, by formal resolution dated 7-14-1987, 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.
F.
The county is hereby authorized to submit the plan to the Department
of Environmental Resources for final approval on behalf of the municipality.