[HISTORY: Adopted by the Board of Commissioners of York County:
Art. I, 8-30-1989 as Ord. No. 89-4. Amendments noted where applicable.]
[Adopted 8-30-1989 as Ord. No. 89-4]
A.
Whereas it is deemed by the Commissioners of York County, Commonwealth
of Pennsylvania, to be in the best interest of the health, safety
and welfare of the citizens of York County that comprehensive planning
of municipal waste management, collection and disposal be a public
function controlled, implemented and managed by the county as provided
herein;
B.
Whereas the Commonwealth of Pennsylvania, pursuant to Section 102(b)(10)[1] of the Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 101 (hereinafter referred to as "Act
101"),[2] has shifted the primary responsibility for developing
and implementing municipal waste management plans from municipalities
to counties;
C.
Whereas the York County Board of County Commissioners created the
York County Solid Waste and Refuse Authority (hereinafter referred
to as the "Authority"), as authorized by the Municipalities Authorities
Act of 1945 (Act of 1945, P.L. 382, No. 164, hereinafter referred
to as "Act 164"),[3] for the purpose of implementing the York County Municipalities
Solid Waste Management Plan Update which was approved pursuant to
the provisions of the Pennsylvania Solid Waste Management Act (Act
of July 7, 1980, P.L. 380, No. 97, hereinafter referred to as "Act
97");[4]
D.
Whereas the Authority, pursuant to and consistent with said York
County Municipalities Solid Waste Management Plan, entered into municipal
agreements with certain York County municipalities for waste disposal
services;
E.
Whereas the Authority has issued revenue bonds for the acquisition
and construction of the York County Resource Recovery Center (hereinafter
referred to as the "center") and has entered into an amended and restated
construction and service agreement, dated as of July 16, 1987, (hereinafter
referred to as the "agreement") with Westinghouse Electric Corporation
for the construction, operation and maintenance of the center;
F.
Whereas on May 30, 1989, the Pennsylvania Department of Environmental
Resources notified the county that the York County Municipalities
Solid Waste Management Plan Update has achieved all necessary requirements
for final "grandfather" approval under Section 501(b) of Act 101;[5]
[5]
Editor's Note: See 53 P.S. § 4000.501(b).
G.
Whereas, pursuant to Section 303(e) of Act 101,[6] the county is authorized to require that all municipal
waste, generated within its boundaries, shall be processed or disposed
of at a designated processing or disposal facility that is contained
in the approved York County Municipalities Solid Waste Management
Plan; and
[6]
Editor's Note: See 53 P.S. § 4000.303(e).
H.
Whereas the county and the Authority have entered into an agreement,
dated as of July 12, 1989, delegating to the Authority certain powers
and responsibilities with respect to municipal waste planning and
implementation of the York County Municipalities Solid Waste Management
Plan, as authorized by Section 303(d) of Act 101.[7]
[7]
Editor's Note: See 53 P.S. § 4000.303(d).
The following terms shall have the following meanings in this
Article:
That portion of municipal waste which can be processed by
the center, consistent with the plan and any rules, regulations, resolutions
or standards adopted by the Authority pursuant to this Article and
the delegation agreement, that has characteristics such as that collected
and disposed of as part of normal collection of municipal waste in
the county.
The York County Resource Recovery Center, and shall include
the buildings and all equipment associated therewith which are located
on Blackbridge Road, Manchester Township in the county.
The County of York, Commonwealth of Pennsylvania.
That specific agreement between the county and the Authority,
dated as of July 12, 1989, defining and delegating certain of the
county's municipal waste management and planning responsibilities
to the Authority, as authorized by Act 101.[1]
Any agreement or contract fully executed and delivered and
in effect and in reliance upon which there has been a material change
in position by any person who is a party thereto, or beneficiary thereof,
prior to the effective date of this Article for the collection, disposal
or transportation of municipal waste generated within the county.
A county, city, borough, incorporated Town, township or home
rule municipality.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in Act 97[2] from a municipal, commercial or institutional waste supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, general
government or agency, commonwealth institution or agency (including,
but not limited to, the Department of General Services and the State
Public School Building Authority) or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this Article, prescribing a fine, imprisonment or
penalty, 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 municipal waste management and disposal system for the
county, including, without limitation, the center and any equipment,
transfer stations, landfills, sludge disposal facilities, wastewater
treatment facilities, recycling facilities or composting facilities,
whether publicly or privately owned or operated, which are, or will
be, acquired, constructed and operated within the county and which
are designated by the Authority, pursuant to this Article and the
delegation agreement and consistent with the plan, as the specified
processing, transfer or disposal site for any municipal waste, or
any constituent thereof, which is generated or disposed of within
the county.
That portion of municipal waste that is not acceptable waste
and which is predominantly noncombustible and which cannot be processed
by the center, having such characteristics as specified in the plan
or in any rules, regulations, resolutions or standards adopted by
the Authority pursuant to this Article and the delegation agreement.
A.
Licensing. Any person engaged in the business of collecting, hauling
or disposing of municipal waste generated in this county shall, prior
to engaging in such business or activity, obtain a license for the
specific purpose of conducting such business, which license shall
be issued and administered by the county, as specified or required
by the plan. No person who is required to be licensed by the county
as specified by the plan who is not duly licensed by the county to
deliver municipal waste to the system for processing or disposal may
collect, transport or dispose of municipal waste generated within
the county.
B.
Compliance with rules, regulations and ordinances. In carrying out
activities relating to municipal waste collection, transportation
or disposal within this county, all municipal waste collectors or
transporters shall comply with all ordinances, resolutions, rules,
regulations and standards pertaining to the collection, transportation
and disposal of municipal waste as may hereinafter be enacted by this
county and all resolutions, rules, regulations and standards adopted
by the Authority pursuant to this Article and the delegation agreement.
C.
The county shall establish and shall collect a license fee to be
paid by any person applying for such license in accordance with the
requirements of this section.
A.
General. All municipal waste collectors and transporters shall deliver
and dispose of all municipal waste, or any constituents thereof, generated
within the county only at a transfer station or processing or disposal
facility designated by this Article or designated by the Authority
pursuant to this Article and the delegation agreement, as such facility
is reflected in the plan.
B.
Processing of acceptable waste. Upon the effective date of this Article,
all collectors and transporters shall deliver and dispose of all acceptable
waste collected within the county to the Hopewell Landfill operated
by the Authority, or to an alternate disposal facility designated
by the Authority, until the commercial operation date of the center.
On and after the commercial operation date of the center, as certified
by the Authority, all collectors and transporters shall deliver and
dispose of all acceptable waste collected within the county to the
center for processing, or to an alternate disposal or processing facility
designated by the Authority during interruptions of operation of the
center, if any. No acceptable waste generated and collected within
the county shall be delivered to any other disposal or processing
facility in violation of this section, whether or not any such disposal
or processing facility may be located within or without the county.
C.
Disposal of unacceptable waste. All collectors and transporters operating
in the county shall deliver and dispose of all unacceptable waste
generated and collected within the county to the Hopewell Landfill
operated by the Authority for disposal until such time as the Authority
shall direct that such unacceptable waste shall be delivered to an
alternative disposal site(s) consistent with the plan.
D.
Recycling. This Article shall not be construed to require that municipal
waste or source-separated recyclable materials that would otherwise
be recycled pursuant to the requirements of Act 101[1] be delivered to the center, the Hopewell Landfill or any
other municipal waste processing or disposal facility unless such
municipal waste or recyclable materials are to be recycled at any
recycling facility in accordance with the plan or any municipal recycling
program pursuant to Section 1501 of Act 101.[2]
E.
Commercial disposal facilities. This Article shall not be construed
to require that municipal waste, generated by any commercial operation
in the county which is exclusively disposed of by such commercial
operation at an on-site captive commercial disposal facility, duly
permitted to dispose of such municipal waste, be delivered to any
other processing or disposal facility.
A.
Authority rules. The collection, transportation and disposal of municipal
waste, generated within the county, shall be subject to such further
rules, regulations, resolutions and standards as may, from time to
time, be adopted by the Authority pursuant to this Article and the
delegation agreement in furtherance of implementation and enforcement
of the plan.
B.
Consistency of rules, regulations, resolutions and standards with
this Article and other laws. No rules, regulations, resolutions or
standards, adopted by the Authority pursuant to applicable provisions
of commonwealth law and as authorized by the delegation agreement
and this Article, shall be contrary to or less stringent than the
provisions of this Article, the plan, Act 97, Act 101 or any regulations
adopted thereunder.
A.
Noninterference with existing contracts. Nothing contained in this
Article shall be construed to interfere with or in any way modify
the provisions of any existing contract.
B.
New contracts and renewals of existing contracts. No renewal of any
existing contract upon the expiration of the original term thereof
and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this Article unless such renewal or such contract shall conform
to the requirements of the plan, this Article and any rules, regulations,
resolutions or standards promulgated by the Authority pursuant to
this Article and the delegation agreement and shall further conform
to any of the terms and conditions of licenses issued by the county
pursuant to this Article, as specified or required by the plan.
C.
No person shall use or permit to be used any property owned or occupied
by that person within the county as a municipal waste processing or
disposal facility, either for municipal waste generated within the
county or elsewhere, unless such use is authorized pursuant to the
provisions of Act 101[1] and is consistent with, and is reflected in, the plan.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
It shall be unlawful for any person to:
A.
Violate, cause or assist in the violation of any provision of this
Article or violate, cause or assist in the violation of any rule,
regulation, resolution or standard promulgated by the Authority pursuant
to this Article and the delegation agreement or any rule, regulation,
resolution or standard promulgated by the county consistent with this
Article and the provisions of Act 101 and the plan.
B.
Process, treat, transfer or dispose of, or cause to be processed,
treated, transferred or disposed of, municipal waste, or any constituent
thereof, which is collected within the county and which is subject
to the provisions of this Article at any facility other than a processing
or disposal facility which is consistent with, and is reflected in,
the plan as the designated processing, transfer, treatment or disposal
facility for such municipal waste, or constituent thereof.
C.
Collect municipal waste, or any constituent thereof, generated within
the county without a valid license for collection issued by the county,
as specified or required by the plan.
D.
Hinder, obstruct, prevent or interfere with the county, the Authority
or any of their personnel, agents or employees in the performance
of any duty under this Article or in the performance of any duty of
the Authority under the delegation agreement or in the performance
of any duty in furtherance of the implementation and enforcement by
the county or the Authority of this Article or of the plan.
A.
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 $1,000 and not
less than $25, to be paid to the use of the county, with costs of
prosecution, or to be imprisoned in the county jail for not more than
10 days, or both.
B.
Any person who engages in unlawful conduct as defined in this Article
shall, in accordance with applicable provisions of the laws of the
commonwealth, be subject to the provisions of Act 101, Chapter 17,[1] as such provisions, with respect to enforcement and remedies,
may apply to any such unlawful conduct.
[1]
Editor's Note: See 53 P.S. § 4000.1701 et seq.
Upon finding that any person has engaged in unlawful conduct, as defined in § 103-7 of this Article, the county may revoke any license issued by the county to that person and deny any subsequent application by that person or any person who was or who is affiliated with, related to or controlled by any person who was, at the time of commitment of such unlawful conduct, or any time thereafter, an officer, director, shareholder, partner or joint venturer of, under contract with, employed by or related or affiliated in any manner with such person for issuance of the license required by § 103-3 hereof.
A.
Restraining violations. In addition to any other remedy provided
in this Article, the county or the Authority may institute a suit
in equity where unlawful conduct or a public nuisance exists as defined
in this Article for an injunction to restrain a violation of this
Article or of any rules, regulations, resolutions or standards promulgated
or issued by the county pursuant to this Article or issued by the
Authority pursuant to this Article and the delegation agreement.
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 county or the Authority from exercising
any other remedy provided by this Article or otherwise provided at
law or equity.
The terms and provisions of this Article are to be liberally
construed so as best to achieve and to effectuate the goals and purpose
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., respectively.
Pursuant to Section 304(d) of Act 101,[1] the provisions of this Article shall supersede the provisions
of any municipal ordinance to the extent that the provisions of any
such municipal ordinance are inconsistent with, or conflict with,
the provisions of this Article, except as otherwise provided by Section
502(o) of Act 101.[2]
