[HISTORY: Adopted by the Board of Supervisors of the Township of
Independence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 72.
[Adopted 4-14-1993 by Ord.
No. 3-93]
Unless the context clearly indicates otherwise, the following terms
used in the chapter shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 556 No. 101, as now or hereafter amended.
[1][2]The Department of Environmental Protection of the Commonwealth of
Pennsylvania.
[3]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.
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[4] 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. 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 number 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 metal,
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.
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 Independence Township, other than
recyclable materials as designated in the Township's recycling ordinance,
if any, at the site(s) designated by Independence Township. Independence Township
shall be contracting for waste disposal capacity with disposal facilities
approved by Beaver County.
All collectors and transporters shall comply with all county rules and
regulations adopted by the county and Independence Township 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.
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 Protection.
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, County Ordinance No. 082092-SWM or any rule, regulation or
order promulgated by the county pursuant to County Ordinance No. 082092-SWM;
(2)
Cause to be processed, treated, or disposed of municipal
waste generated within this municipality at a facility other than one approved
by Beaver County, pursuant to the Independence Township waste disposal agreement
and the County Solid Waste Management Plan;
(3)
Collect or transport municipal waste generated within
this municipality without a valid county license;
(4)
Hinder, obstruct, prevent or interfere with this municipality
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, 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 to such penalties and jail terms as are authorized by Act
101 or the Second Class Township Code or the County Code, whichever is greater,
as applicable.
A.
Restraining violations. In addition to any other remedy provided in this article, Independence Township 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, 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 § 170-7 hereof.
B.
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.
The terms and provisions of this article are to be liberally construed,
so as to best achieve and effectuate the goals and purpose hereof. The chapter
shall be construed in pari materia with the County Ordinance No. 082092-SWM
and Act 101.
