[Adopted 2-16-1987 by Ord. No. 63 (Ch. 20, Part 2, of the
1999 Code of Ordinances)]
[Amended 2-16-1999 by Ord. No. 97]
The County plan, as amended by the study and further amended
by the amendment presented to this meeting, which includes the proposed
form of this article, is hereby approved, such documents together
to constitute the solid waste management plan of and for this Township
under the Act, and the proper officials of the County are hereby authorized
to file such documents with DEP for purposes of approval under the
Act.
The following terms shall have the following meanings in this
article:
Any person collecting or transporting municipal solid waste
for owners or occupants of property in the Township, including the
Township itself if it undertakes the collection of municipal solid
waste directly, and any business or institution within the Township
which generates sufficient municipal solid waste to require disposal
directly by its own employees and equipment.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material resulting
from the operation of residential, municipal, commercial or institutional
establishments and from community activities, but not including any
liquid waste or sludge, and other solid waste which is within the
definition of "municipal solid waste" as set forth in the Act, and
which the Authority, by its regulations, is willing to accept at the
plant, by excluding:
Any individual, partnership, association, corporation or
governmental entity.
The energy and materials recovery facility proposed by the
Authority, as it may be improved or enlarged, including all associated
property and equipment. Certain terms used herein are also defined
in the recitals hereto.
A.
It is hereby declared to be a public nuisance and unlawful for any
person to accumulate upon any property in this Township, municipal
solid waste or to dispose of it except in accordance with this article.
B.
It is hereby declared to be unlawful for any person to act as a collector
in this Township without first obtaining a license from the Township
pursuant to this article and such additional requirements as the Township
may, by appropriate action hereafter establish, which license, however,
shall require the licensees to comply with the provisions of this
article. The Township hereby reserves the right to limit the number
of such licenses.
[Amended 2-16-1999 by Ord. No. 97]
A.
Each collector's license hereunder shall be effective for a
maximum of one calendar year, terminating on June 30 of the year for
which it is issued, subject to renewal upon application. No licenses
heretofore or hereafter issued shall be transferable and is subject
to revocation by the Board of Supervisors of this Township. Any person
who possesses a valid license issued by another municipality of the
County shall be entitled to a license conditioned only upon continuing
compliance with this article.
B.
Application for a collector's license hereunder shall be made on a form provided by the Township. The application must be accompanied by a license fee which shall be in an amount as established by resolution of the Board of Supervisors. The license shall be issued on a form provided by the Township. A licensee of another municipality, as provided in Subsection A above, may be issued a license if he supplies: (1) proof of his holding a valid license in another municipality, and (2) sufficient additional information to fill out the permit, and will not be required to pay a license fee.
C.
Upon receipt of said application by the Township, the Board of Supervisors
may examine the applicant and within a reasonable period thereafter
shall either issue a license or refuse to issue a license to the applicant,
stating the reasons for such refusal.
A.
All vehicles used for the collection and transportation of municipal
solid waste must satisfactorily comply with all safety regulations
of the Commonwealth of Pennsylvania and shall have safety devices
including, but not limited to, the following: exterior rearview mirror;
backup lights; four-way emergency flashers; easily accessible first
aid equipment; easily accessible fire extinguisher; and audible reverse
and warning device.
B.
If a crew member rides outside the cab of the collection vehicle
for short trips, the vehicle shall be equipped with hand holds and
platforms large enough to safeguard against slipping.
C.
All vehicles used for the collection and transportation of municipal
solid waste shall be enclosed or adequate provisions shall be made
for suitable covers; the vehicles shall be metal and leak-resistant.
D.
Equipment used for the collection and transportation of municipal
solid waste shall be maintained in good condition and kept clean to
prevent the propagation or attraction of vectors and the creation
of nuisances.
E.
The collection vehicle operator shall be responsible for immediately
cleaning up all spillage caused by his operation, for protecting private
and public property from damage resulting from his operations and
for creating no undue disturbance of the peace and quiet in areas
where he operates.
The Township has been advised by the Authority that the Authority
intends to provide for the residents of the Township, a plant which
will be operated efficiently, economically by, or for it, and in accordance
with all applicable laws and regulations and also that the Authority
will impose reasonable charges which will be uniform among all users
of the plant, except where any municipality is not enforcing its license
ordinance, in which case the Authority, in addition to any other remedies,
may impose a higher rate.
Unless and until this Township subsequently determines to engage
directly in the activities of a collector, licensed collectors shall
be responsible for receiving municipal solid waste from properties
in the Township pursuant to contracts between them and the owners
or occupants of property. As contemplated in the plan, all collectors
shall dispose of all municipal solid waste collected within the Township
at the plant, and in compliance with such reasonable regulations for
the operation thereof as may be established by the Authority. 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 Township and the Authority.
All collectors shall comply in their operations with the regulations
of the Township and with all applicable law. Violation of such regulations
or law shall be a cause for the revocation of the collector's
license upon such notice as the Township may determine to be reasonable.
No person shall handle, take or remove municipal solid waste
set out for collection unless duly licensed by the Township. When
municipal solid waste is discarded for pickup and subsequent recycling,
it shall become the property of the Monroe County General Authority.
Any person who picks up said solid waste for his or her own use shall
be guilty of an infraction of this article.
No person shall use or permit to be used any property owned
or occupied by him within the Township as a public or private dump
or landfill for municipal solid waste, whether generated within the
Township or elsewhere within the boundaries of the County.
No person shall accumulate municipal solid waste upon any property
owned or occupied by him in the Township except in such limited quantities
and for such limited periods of time as shall insure that no air or
visual pollution or health or fire hazard shall be created thereby,
and any other accumulation thereof on any premises is hereby declared
to be a nuisance and is prohibited.
[Amended 2-16-1999 by Ord. No. 97]
Any person firm, or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
In addition to the remedies provided in § 337-18 herein, any continued violation of this article which shall constitute a nuisance in fact, or which in the opinion of the Board of Supervisors of this Township 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 Township and
the disposal thereof shall be subject to such further reasonable rules
and regulations as may from time to time be promulgated by the Board
of Supervisors of the Township, including, but without limitation,
regulations as to the form of license application, the terms of licenses
and licenses issuance procedures; provided, however, that no such
rules and regulations shall be contrary to the provisions of this
article or applicable law.
The Township reserves the right to amend this article or repeal
it at any time; provided that the requirements for use of the plant
for disposal of municipal solid waste from the Township shall not
be so amended or repealed without the prior express approval of the
Authority, so long as the Authority continues to have outstanding
any indebtedness directly or indirectly related to the plant. For
the purpose of securing the Authority's financing, such requirement
shall be deemed to be a contract between the Authority and the Township,
which the Township agrees to enforce so that the municipal solid waste
from the Township will be available to provide a source of energy
for the plant. If in the future the Township itself becomes a collector,
it agrees to deliver all Township solid waste so collected to the
plant.
[Amended 2-16-1999 by Ord. No. 97]
Section 701[1] shall become effective immediately upon enactment and all other sections shall become effective upon the later of the following: (a) the date of approval by DEP of the solid waste management plan approved in § 337-8 hereof; and (b) 10 days after the delivery to the Township of a certificate of the Authority stating that it has received binding contracts for the construction and financing of the plant and a feasibility report indicating the operation will be self-supporting, and stating that the tipping fee has been fixed by the Authority initially at a rate not exceeding $15 per ton for a period of one year, provided that if the certificate is dated 1987, the initial tipping fee shall be $17.50 per ton.
[1]
Editor's Note: So in original.
