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, 53 P.S. § 4000.101 et seq.,
as now or hereafter amended.
The disposition, 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.
Any city, borough, incorporated town, township or home rule municipality
located in the County of Beaver.
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.
Any facility that is designed, operated or maintained for the disposal
of municipal waste, whether or not such facility possesses a permit from the
Pennsylvania Department of Environmental Resources 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.
The permit issued by the Pennsylvania Department of Environmental
Resources 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, papers, 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 Pennsylvania
Department of Environmental Resources regulations promulgated thereunder.
Not later than one hundred twenty (120) days after the effective date
of Beaver County Ordinance No. 082092-SWM, all persons collecting and/or transporting
waste within the Borough of Freedom shall be required to obtain a Beaver County
license pursuant to Beaver County Ordinance No. 082092-SWM.
All municipal waste collectors and transporters shall deliver and dispose
of all municipal waste generated within the Borough of Freedom, other than
recyclable materials as designated in the borough's recycling ordinance,[1] at the sites designated by the Borough of Freedom. The Borough
of Freedom has contracted for the waste disposal capacity with J.J. Brunner,
Inc., New Sewickley Township, Beaver County, Pennsylvania; Northwest Sanitary
Landfill, Inc., Butler County, Pennsylvania; Browning-Ferris Industries, Poland,
Mahoning County, Ohio; and William H. Martin, Inc., Chambers Development Company,
Arden Landfill, Washington County, Pennsylvania, for a period of five (5)
years, with the option to renew said contract for an additional five (5) years.
All collectors and transporters shall comply with all Beaver County
rules and regulations adopted by Beaver County and the Borough of Freedom
pursuant to Act 101, Beaver County Ordinance No. 082092-SWM or this Article.
A.
Prohibition of municipal waste processing and disposal
facilities. No person other than the County of Beaver, the United States of
America, the Commonwealth of Pennsylvania or the Borough of Freedom shall
use or permit to be used any property owned or occupied by that person within
the Borough of Freedom 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 Beaver County and the Pennsylvania Department
of Environmental Resources.
B.
Existing facilities. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any existing facility, provided that:
(1)
The owner/operator of the facility has an approved permit
or has submitted a permit application to the Pennsylvania Department of Environmental
Resources prior to April 9, 1990.
(2)
The facility does not accept municipal waste from any
source within the County of Beaver other than those authorized by the facility's
permit.
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Violate, cause or assist in the violation of any provision
of this Article, Beaver County Ordinance No. 082092-SWM or any rule, regulation
or order promulgated by Beaver County pursuant to Beaver County Ordinance
No. 082092-SWM.
(2)
Cause to be processed, treated or disposed of municipal waste generated within the Borough of Freedom at a facility other than those listed in § 172-14 above, pursuant to the Freedom Borough waste disposal agreement and the Beaver County Solid Waste Management Plan.
(3)
Collect or transport municipal waste generated within
the Borough of Freedom without a valid Beaver County license.
(4)
Hinder, obstruct, prevent or interfere with the Borough
of Freedom in the performance of its duties under this Article, Act 101 or
any enforcement of this Article.
(5)
Act in any matter that is contrary to Act 101, Beaver
County's Municipal Waste Management Plan, Beaver County Ordinance No.
082092-SWM, this Article or any Beaver County or Freedom Borough rule or regulation
promulgated pursuant to this Article or Beaver County Ordinance No. 082092-SWM
or the terms of any licenses issued by Beaver County.
Any person who engages in unlawful conduct as defined in this Article
shall be subject, upon conviction thereof, to a fine not to exceed one thousand
dollars ($1,000.) and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed thirty (30) days. Each day that a
violation of this Article continues shall constitute a separate offense.
A.
Restraining violations. In addition to any other remedy provided in this Article, the Borough of Freedom may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this Article for an injunction to restrain a violation of this Article or rules, regulations or orders issued pursuant to this Article or Beaver County Ordinance No. 082092-SWM. In addition to an injunction, the court may impose penalties as authorized by § 172-18 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this Article shall be deemed concurrent and the existence or exercise of
any remedy shall not prevent the Borough of Freedom from exercising any other
remedy provided by this Article or otherwise provided at law or equity.
The terms and provisions of this Article are to be liberally construed,
so as to best achieve and effectuate the goals and purposes hereof. This Article
shall be construed in pari materia with the Beaver County Ordinance No. 082092-SWM
and Act 101.
