[Adopted 12-10-1992 by Ord. No. 322]
Unless the context clearly indicates otherwise,
the following terms used in this article shall have the following
meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[1]
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.
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[2] 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.
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.[3] 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.
Act 97 of 1980, 35 P.S. § 6018.101 et seq., and
the Department regulations promulgated thereunder.
Not later than 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 years with the option to renew said contract
for an additional five years:
A.Â
J.J. Brunner, Inc., New Sewickley Township, Beaver
County, Pennsylvania.
B.Â
Arden Landfill, Washington County, Pennsylvania.
C.Â
BFI - Imperial Landfill, Findlay Township, Allegheny
County, Pennsylvania.
D.Â
Vogel Disposal Landfill, Harmony, Butler County, Pennsylvania.
E.Â
Northwest Sanitary Landfill, Butler County, Pennsylvania.
F.Â
Valero Terrestrials Landfill, Brooks County, Colliers,
West Virginia.
G.Â
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,[1] County Ordinance No. 082092-SWM or this article.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.Â
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).
A.Â
Unlawful conduct. It shall be unlawful for any person
to:
(1)Â
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.
(2)Â
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.
(3)Â
Collect or transport municipal waste generated within
this municipality without a valid county license.
(5)Â
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.
[Amended 2-8-1996 by Ord.
No. 348]
Any person who engages in unlawful conduct as
defined in this article shall be subject a fine not exceeding $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 30 days.
A.Â
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.
B.Â
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.
