Unless the context clearly indicates otherwise, the following terms
used in this chapter 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.
DISPOSAL
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.
LANDFILL
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 road and transportation and storage
facilities. The term does not include construction/demolition waste landfills
or a facility for the land application of sewage sludge.
MUNICIPALITY
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.
PERMIT
The permit number issued by the Department for the operation of the
landfill by the operator.
PERSON
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.
RECYCLING
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.
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 sites designated by the municipality. The Town Council
of the Borough of Baden has contracted for waste disposal capacity for a period
of five years with the option to renew said contract for an additional five
years with the following facilities:
Browning-Ferris Industries of Ohio, Inc.
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Carbon Limestone Sanitary Landfill
P.O. Box 5240
Poland, Ohio 44514
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BFI Imperial Landfill
P.O. Box 47
Imperial, Pennsylvania 15126
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Chambers Development Company, Inc.
William H. Martin Company — Arden Landfill
P.O. Box 27300
Pittsburgh, Pennsylvania 15235
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Joseph J. Brunner, Inc., Landfill
R.D. No.1, Brunner Road
Zelienople, Pennsylvania 16063
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Brooke County Sanitary Landfill
R.D. No.2, Box 410
Colliers, West Virginia 26035
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Northwest Sanitary Landfill
P.O. Box 1798
Butler, Pennsylvania 16001
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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 chapter.
Any person who engages in unlawful conduct as defined in this chapter
shall be subject to such penalties and jail terms that are legally adopted
by this municipality.
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 the County Ordinance No. 082092-SWM
and Act 101.