[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:
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.
[1][2]
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
[3]
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 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.
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[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.
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
Permit number issued by the Department for the operation of the landfill by 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 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.
SOLID WASTE MANAGEMENT ACT
Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the Department regulations promulgated thereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
Existing facilities. The prohibition set forth in § 170-5A of this article shall not interfere with the operation of any existing facility provided:
(1) 
The owner/operator of the facility has an approved permit or has submitted a permit application to DEP prior to April 9, 1990; and
(2) 
The facility does not accept municipal waste from any sources within the county other than those authorized by the facility's permit.
C. 
Recycling. The prohibition set forth in § 170-5A of this article shall not interfere with the operation of any program adopted by the municipality for recycling.
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.
B. 
Public nuisance. Any unlawful conduct set forth in § 170-6A hereof shall constitute a public nuisance.
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.