§ 136-3Licensing of collectors and/or
§ 136-4Disposal of waste at designated
processing or disposal facility.
§ 136-6New municipal waste processing
or disposal facilities prohibited.
§ 136-7Unlawful activity; nuisance.
§ 136-8Violations and penalties.
§ 136-9Injunction; concurrent remedies.
§ 136-10Construal of provisions.
The Township of Daugherty, a municipality of Beaver County, Commonwealth of Pennsylvania, and the County have determined that the appropriate legal mechanism for achieving the objectives of §§ 102 and 303(a) and (e) of the Municipal Waste Planning, Recycling and Waste Reduction Act,
As used in this chapter, the following terms shall have the meanings indicated:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended.Editor's Note: See 53 P.S. § 4000.101 et seq.
- The County of Beaver.
- The Pennsylvania Department of Environmental Protection (DEP).
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner 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.
- The Township of Daugherty.
- 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 Editor's Note: See 35 P.S. § 6018.101 et seq.
- 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.
- Permit issued by the Department for the operation of the landfill by 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 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 Township of Daugherty, other than recyclable materials as designated in any Township recycling ordinance, at facilities designated by the Township of Daugherty through a waste disposal agreement or at disposal facilities as listed in the Beaver County Solid Waste Management Plan.
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. 080292 SWM, or this chapter.
Continuation of existing facilities.
Prohibition of municipal waste processing and disposal facilities. No person shall use or permit to be used any property owned or occupied by that person within the Township of Daugherty as a new municipal waste processing or disposal facility, for the processing or disposal of waste, without the express written approval of the Township of Daugherty, the County of Beaver, and the Department of Environmental Protection.
Existing facilities. The prohibition set forth in Subsection A of this chapter shall not interfere with the operation of any existing facility, provided:
Unlawful conduct. It shall be unlawful for any person to:
Violate, cause or assist in the violation of any provision of this chapter, County Ordinance No. 082092 SWM or any rule, regulation or other 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 facilities designated in a waste disposal agreement signed by the municipality or as listed in the Beaver County Solid Waste Management Plan;
Collect or transport municipal waste generated within this municipality without a valid county license;
Hinder, obstruct, prevent or interfere with this municipality in the performance its duties under this chapter, Act 101 or any enforcement of this chapter; or
Act in any matter that is contrary to Act 101, the County's Municipal Waste Management Plan, County Ordinance No. 082092 SWM, this chapter or any county or municipality rule or regulation promulgated pursuant to this chapter or County Ordinance No. 082092 SWM, or the terms of any licenses issued by the County.
Any action by any person, firm, corporation, or other entity which violates any section of this chapter or any regulations hereof shall be punishable by a fine of not less than $500 nor more than $1,000 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 90 days.
Restraining violations. In addition to any other remedy provided in this chapter, the Township of Daugherty may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or rules, regulations and orders issued pursuant to this chapter or County Ordinance No. 082092 SWM. In addition to an injunction, the court may impose penalties as authorized by § 136-8 hereof.
Concurrent remedies. The penalties and remedies prescribed by this chapter shall be deemed concurrent; the existence or exercise of any remedy shall not prevent the Township of Daugherty from exercising any other remedy provided by this chapter or otherwise provided at law or equity.
The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the goals and purpose hereof. This chapter shall be construed in pari materia with County Ordinance No. 082092 SWM and Act 101.