[Ord. 90-6A, 10/22/1990, § 1; as amended by Ord.
97-7, 10/13/1997, § 20-101]
1.
ACCEPTABLE WASTE
COUNTY
COUNTY ORDINANCE OR COUNTY WASTE FLOW ORDINANCE
DATE OF WESTERN COUNTY SYSTEM OPERATION
HAZARDOUS WASTE
LANDFILL
MUNICIPAL WASTE
MUNICIPALITY
NONPROCESSIBLE WASTE
PERSON
PLAN
PLAN REVISION
POINT OF ENTRY INTO WESTERN COUNTY SYSTEM
PROCESSIBLE WASTE
RECYCLING OR RECYCLED
SOURCE SEPARATION
UNACCEPTABLE WASTE
WASTE AUTHORITY
WESTERN COUNTY SYSTEM OR SYSTEM
WHITE GOODS
The following terms shall have the following meanings in this part:
Municipal waste which is not unacceptable waste or nonprocessible
waste.
County of Montgomery, Pennsylvania.
An ordinance enacted by the County creating the Western County
System in the Western District, providing for the licensure of various
persons, regulating waste flow and setting forth certain related provisions.
That date on which the Western County System shall be declared
by the County to be ready to commence the disposal of acceptable waste
on a sustained basis.
(1) Any material or substance which, by reason of its composition
or characteristics, is: (a) toxic or hazardous waste: (1) as defined
in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901
et seq.; (2) as defined in Section 6(e) of the Toxic Substances Control
Act; 15 U.S.C. § 2605(e); (3) under the Solid Waste Management
Act (Act 97), 35 P.S. § 6018.101 et seq.; or (4) under any
other acceptable laws of similar purpose or effect, including, but
not limited to, with respect to each of such items in (1) through
(4), any replacement, amendment, expansion or supplement thereto and
any rules, regulations or policies thereunder; or (b) 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 (2) 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 Waste Authority has contracted
to dispose of acceptable waste.
Municipal waste as defined in Section 103 of the Solid Waste
Management Act, 53 P.S. § 6018.103 and Section 101 of the
Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101),
53 P.S. § 4000.101, and any rules, regulations or policies
promulgated thereunder.
The Township of New Hanover, a Township of the second class,
located within the County of Montgomery, Commonwealth of Pennsylvania.
(1) White goods; (2) automobile tires in quantity; (3) noncombustible
items, stumps, logs, brush and other waste which either: (a) weighs
in excess of 25 pounds; or (b) exceeds one of the following dimensions:
four feet in length, four inches in diameter or four inches in thickness;
(4) sludges; (5) construction and demolition debris; or (6) leaf waste
beyond that permitted by Act 101.
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 provision of this part 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 Western County System designated
by the Waste Authority for delivery of acceptable waste.
That 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 Western 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.
(1) Any material that by reason of its composition, characteristics
or quantity is ineligible for disposal at the landfill pursuant to
the provisions of (a) the Resource Conservation and Recovery Act of
1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder,
or (b) 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.;
the Solid Waste Management Act (Act 97), 35 P.S. § 6018.101
et seq.; the Hazardous Sites Cleanup Act, (Act 108), 35 P.S. § 6020.101
et seq., and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any other laws coextensive
with the foregoing; (2) 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; (3) 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;
(4) hazardous waste; (5) residual waste as defined in Act 101 (except
as otherwise provided in any landfill agreement to which the Waste
Authority is a party; (6) 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; (7) asbestos, sludge, infectious
waste, chemotherapeutic waste and incinerator ash (except as otherwise
provided in any landfill agreement to which the Waste Authority is
a party); (8) white goods in quantity and/or automobile tires in quantity;
and (a) any other material that the Waste Authority reasonably concludes
would require special handling or present an endangerment to a disposal
facility, the public health or safety, or the environment.
The Waste System Authority of Western Montgomery County created
by the County for purposes relating to municipal waste disposal and/or
the IMA and the County Waste Flow Ordinance.
The solid waste management and disposal system created by
the County for the Western 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 Waste Authority,
the County or any agent, designee or contractor of either in connection
with the plan or the plan revision.
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.
2.
All other words and phrases shall have the same meaning 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. To the extent that any definition herein
varies from the definition in the IMA, the definition in the IMA shall
control.
[Ord. 90-6A, 10/22/1990, § 2]
1.
Licensing. No person who is not duly licensed or deemed to be licensed
by the Waste Authority 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 Waste Authority.
2.
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
collectors and all municipal waste transporters shall comply with
the County Ordinance, this part 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 Waste Authority. Delivery by such collectors or
transporters to the Western County System of unacceptable waste, nonprocessible
waste (except for white goods) and waste from unapproved sources is
prohibited.
3.
Administration. Licenses hereunder shall be issued and revoked by
the Waste Authority, and administered by it. Any collector or transporter
who fails to comply with the provisions of this part shall be subject
to any applicable sanctions in addition to the revocation of his license.
[Ord. 90-6A, 10/22/1990, § 3]
1.
Delivery to the Western County System. Except as provided in Subsections 2 and 3 below, all acceptable waste generated within this Township shall be delivered to the Western County System and, all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste facilities designated in the plan or plan revision at one or more points of entry into the Western County System as designated from time to time by the Waste Authority.
2.
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, ordinance or order duly issued by the Waste Authority
or by the written agreement of the Waste Authority.
3.
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. 90-6A, 10/22/1990, § 4; as amended by Ord.
97-7, 10/13/1997, § 20-104]
1.
Compliance with Waste Authority 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 Waste Authority
including, without limitation, regulations related to the operation,
management and administration of the Western 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.
2.
Adoption of Regulations. Rules and regulations adopted by the Waste
Authority for the Western County system shall be deemed rules and
regulations adopted under this part.
3.
Consistency of Regulations With Ordinance and Other Laws. No rules
or regulations adopted by the Township pursuant to this part shall
be in violation of or inconsistent with the provisions of this part,
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 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, Department of Environmental Protection,
or the Pennsylvania Environmental Quality Board governing municipal
waste planning, collection, storage, transportation, processing or
disposal.
4.
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 part will be the responsibility of the County or the Waste Authority
and if requested by the County or the Waste Authority, with the cooperation
of the municipalities.
[Ord. 90-6A, 10/22/1990, § 5]
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 Waste
Authority.
[Ord. 90-6A, 10/22/1990, § 6]
1.
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 part or any rules and regulations
issued thereunder.
2.
Recycling. Nothing contained in this part shall interfere with the
operation of any program for recycling.
3.
This part shall be construed consistent with Act 97 and Act 101.
[Ord. 90-6A, 10/22/1990, § 7]
The County has created the Waste Authority to administer the
terms of the County Waste Flow Ordinance and to operate and administer
the Western County System.
[Ord. 90-6A, 10/22/1990, § 8]
1.
Unlawful Conduct. It shall be unlawful for any person to:
A.
Violate, cause or assist in the violation of any provision of this
part, or any rule, regulation or order promulgated hereunder, or any
rule, regulation or order promulgated by the Waste Authority or the
County consistent with this part.
B.
Transport, process, treat, transfer or dispose of or cause to be
processed, treated, transferred or disposed of municipal waste generated
within the Township except as provided for in this part.
C.
Collect or transport municipal waste present or generated within
the Township without a valid license for collection or transportation
issued by the Waste Authority.
D.
Hinder, obstruct, prevent or interfere with the Township, the Waste
Authority or the County or their personnel in the performance of any
duty under this part or in the enforcement of this part.
E.
Act in a manner that is contrary to Act 97 or Act 101, regulations
promulgated thereunder, the plan, the plan revision, this part, the
County ordinance, rules or regulations promulgated under this part,
the County ordinance, or the terms of licenses issued thereunder.
[Ord. 90-6A, 10/22/1990, § 9; as amended by Ord.
97-7, 10/13/1997, § 20-109; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, 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 less than $25 nor 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 part continues or each section of the part which shall be
found to have been violated shall constitute a separate offense. Notwithstanding
the same, the Township may seek enforcement by means of request for
injunctive relief or other equitable remedies as may be provided by
law in a court of competent jurisdiction.
[Ord. 90-6A, 10/22/1990, § 10]
Upon finding that any person has engaged in unlawful conduct as defined in this part, (A) the Waste Authority may revoke any license issued to that person in accordance with § 20-102 of this part; and (B) the Waste Authority may deny any subsequent application by that person for a license pursuant to § 20-102 hereof.
[Ord. 90-6A, 10/22/1990, § 11]
1.
Restraining Violations. In addition to any other remedy provided in this part, the Waste Authority or the County may institute a suit in equity where unlawful conduct or public nuisance exists, as defined in this part, for an injunction to restrain a violation of this part or rule, regulation, order or the terms of license promulgated or issued pursuant to this part. In addition to an injunction, the court may impose penalties as authorized by § 20-109 hereof.
2.
Concurrent Remedies. The penalties and remedies prescribed by this
part shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Waste Authority or the County from exercising
any other remedy provided by this part or otherwise provided at law
or equity.
[Ord. 90-6A, 10/22/1990, § 12]
1.
Entry Into IMA. In order to implement the intent and terms of this
part, the Township, pursuant to the authority of the Intergovernmental
Cooperation Act, Act of July 12, 1972, No. 180, 53 P.S. § 481
et seq., and Article IX, § 5, of the Constitution of the
Commonwealth of Pennsylvania, has determined to enter into the IMA
between the Township, the County, the Waste Authority and other municipalities
within the Western District, together with such changes consistent
with this part, if any, as may be approved by the officials of the
parties executing the same, such execution to be conclusive evidence
of such approval.
2.
Terms and Implementation of IMA. As more fully set forth in the IMA
and this part:
A.
Terms of IMA. In the IMA:
(1)
The Waste Authority agrees to arrange through the Western County
System for the provision of municipal waste disposal facilities for
the economical and environmentally sound disposal of acceptable waste
generated within the municipalities.
(2)
The municipalities state that they have enacted a municipal
waste flow ordinance in a form substantially similar to this part
which requires that all acceptable waste be delivered to the Western
County System.
(3)
The County and the Waste Authority agree (a) to enact or cause
to be enacted rules and regulations and (b) to enforce or cause to
be enforced this part and the County Waste Flow Ordinance and the
parallel municipal waste flow ordinances.
(4)
The municipalities agree to cooperate with the Waste Authority
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 Waste Authority
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.
B.
Duration of Term of the IMA. The term of the IMA shall commence on
the date thereof and shall terminate on the tenth anniversary of the
date the Western County System becomes operational.
C.
Purpose and Objectives of IMA. The purpose of the IMA is to provide
a mechanism to implement and operate the Western County System.
D.
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 Western County System shall pay to the Waste Authority on a monthly
basis the appropriate per ton tipping fees plus any other charges
payable as specified by the Waste Authority, for all tonnage delivered
or caused to be delivered to the Western County System, in accordance
with Article 3 of the IMA. Municipalities shall provide certain monies
for operating expenses of the Authority to the extent not paid for
through tipping fees on the basis of adjusted population data.
3.
Execution. Appropriate officers of the Township are authorized and
directed to execute the IMA on behalf of this Township.
4.
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: (A) The conditions of agreement are set forth in the
IMA; (B) The duration of the term of this Agreement are set forth
in § 801 of the IMA; (C) The purpose of the IMA is to cooperate
with the County or Waste Authority and other municipalities in implementing
the plan and the plan revision; (D) The agreement will be financed
through tipping fees imposed on users of the Western County System
and through the budgeting and appropriation of funds by the Township
as necessary to meet the expenses of the Waste Authority; (E) The
organizational structure necessary to implement the agreement is set
forth in the IMA with which the current officers of Township shall
cooperate; (F) The manner in which property, real or personal, shall
be acquired, managed, licensed or disposed of is as set forth in the
IMA; and (G) The agreement contemplates cooperation with the County
or Waste Authority, which entities are empowered to enter into contracts
for policies of group insurance and employee benefits, including Social
Security, for their employees.
[Ord. 90-6A, 10/22/1990, § 13]
The terms and provisions of this part are to be liberally construed,
so as best to achieve and to effectuate the goals and purposes hereof.
This part shall be construed in pari materi with Act 97 and Act 101.
[Ord. 90-6A, 10/22/1990, § 16]
The Township will take such actions as are necessary to comply
with the terms of the IMA and to fulfill its obligations thereunder.