[HISTORY: Adopted by the Board of Commissioners of the Township of Patterson: Art. I, 4-9-1992 as Ord. No. 320; Art. II, 12-10-1992 as Ord. No. 322. Amendments noted where applicable.]
[Adopted 4-9-1992 as Ord. No. 320]
Beginning on the implementation date, which shall be a date set by resolution of the Board of Commissioners, all residents of Patterson Township and all commercial, industrial, municipal and educational establishments located in Patterson Township shall separate from the other waste generated at their residence or establishment all of the following materials:
These materials shall be rinsed and placed at the curb, in a container to be furnished by the township, for collection on such dates as are announced by the township from time to time. Each resident or establishment will be furnished one (1) container free of charge. The use of official township containers is mandatory. If a container is lost, stolen or destroyed, the resident or establishment must purchase a replacement container from the township.
Commercial, municipal and institutional establishments within Patterson Township shall be exempt from the requirements of this Article if they have provided for the recycling of the materials recited hereinabove by some means other than the Patterson Township Curbside Collection Program. To be eligible for this exemption, the commercial, municipal or institutional establishment must provide an annual report to Patterson Township, on a form provided by the township, of the total number of tons recycled by the establishment.
Any owner, landlord or agent of an owner or landlord or a multifamily rental housing property with four (4) or more units shall establish a collection system for the recyclable materials described hereinabove of each property. This collection system must include suitable containers for collecting materials, must be located in easily accessible locations and must have written instructions to the occupants concerning the use and availability of the collection system.
It shall be unlawful for any person to remove or take possession of any materials placed at the curb for collection under this Article. Any person found guilty of violating this section shall be punishable as provided in § 161-5.
Any persons found in violation of this Article shall, after receiving one (1) warning, be subject to a summary offense and a fine to be set by the District Court of not more than one thousand dollars ($1,000.) plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for a period not exceeding thirty (30) days.
[Adopted 12-10-1992 as Ord. No. 322]
Unless the context clearly indicates otherwise, the following terms used in this Article shall have the following meanings:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner such that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
- A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations, including but not limited to areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads and transportation and storage facilities. The term does not include construction/demolition waste landfills or a facility for the land application of sewage sludge.
- Any city, borough, incorporated town, township or home rule municipality located in the county.
- MUNICIPAL WASTE
- 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 the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- MUNICIPAL WASTE LANDFILL
- Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
- A permit issued by the Department for the operation of the landfill by the operator.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- 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.
- SOLID WASTE MANAGEMENT ACT
- Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the Department regulations promulgated thereunder.
Not later than one hundred twenty (120) days after the effective date of County Ordinance No. 082092-SWM, all persons collecting and/or transporting waste within the municipality shall be required to obtain a county license pursuant to County Ordinance No. 082092-SWM.
All municipal waste collectors and transporters shall deliver and dispose of all municipal waste generated within the municipality, other than recyclable materials as designated in a municipality's recycling ordinance, at the site(s) designated by the municipality. Patterson Township has contracted, or will contract, for waste disposal capacity with the following disposal facilities for a period of five (5) years with the option to renew said contract for an additional five (5) years:
J.J. Brunner, Inc., New Sewickley Township, Beaver County, Pennsylvania.
Arden Landfill, Washington County, Pennsylvania.
BFI - Imperial Landfill, Findlay Township, Allegheny County, Pennsylvania.
Vogel Disposal Landfill, Harmony, Butler County, Pennsylvania.
Northwest Sanitary Landfill, Butler County, Pennsylvania.
Valero Terrestrials Landfill, Brooks County, Colliers, West Virginia.
BFI - Poland Landfill, Poland Township, Mahoning County, Ohio.
All collectors and transporters shall comply with all county rules and regulations adopted by the county and this municipality pursuant to Act 101, County Ordinance No. 082092-SWM or this Article.
Prohibition of municipal waste processing and disposal facilities. No person other than the county, the United States of America, the Commonwealth of Pennsylvania or this municipality shall use or permit to be used any property owned or occupied by that person within the municipality as a new municipal waste processing or disposal facility, for the processing or disposal of waste generated within Beaver County, without the express written approval of the county and the Department of Environmental Resources (DER).
Existing facilities. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any existing facility, provided that:
Unlawful conduct. It shall be unlawful for any person to:
Violate, cause or assist in the violation of any provision of this Article, County Ordinance No. 082092-SWM or any rule, regulation or order promulgated by the county pursuant to County Ordinance No. 082092-SWM.
Cause to be processed, treated or disposed of municipal waste generated within this municipality at a facility other than a disposal facility designated in § 161-8 herein, pursuant to the Patterson Township waste disposal agreement and the County Solid Waste Management Plan.
Collect or transport municipal waste generated within this municipality without a valid county license.
Act in any matter that is contrary to Act 101, the county's Municipal Waste Management Plan, County Ordinance No. 082092-SWM, this Article or any county or municipality rule or regulation promulgated pursuant to this Article or County Ordinance No. 082092-SWM or the terms of any licenses issued by the county.
Any person who engages in unlawful conduct as defined in this Article shall be subject a fine not exceeding six hundred dollars ($600.) plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for a period not to exceed thirty (30) days.
Restraining violations. In addition to any other remedy provided in this Article, the municipality may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this Article for any injunction to restrain a violation of this Article or rules, regulations or orders issued pursuant to this Article or County Ordinance No. 082092-SWM. In addition to an injunction, the court may impose penalties as authorized by § 161-12 hereof.
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 municipality from exercising any other remedy provided by this Article or otherwise provided at law or equity.