[Adopted 12-14-1994 by Ord. No. 67]
Unless the context clearly indicated otherwise, the following terms used in this article 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]
[Amended 4-14-2004 by Ord. No. 99]
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
[Added 4-14-2004 by Ord. No. 99]
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
The Township of Potter, Beaver County, Pennsylvania.
[Amended 4-14-2004 by Ord. No. 99]
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[2] 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.[3] 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 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 of 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: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Amended 4-14-2004 by Ord. No. 99]
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.
[Amended 4-14-2004 by Ord. No. 99]
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 site(s) designated by the municipality. The list of facilities with which the Township has contracted for waste disposal capacity is on file in the Township offices.
[Amended 4-14-2004 by Ord. No. 99]
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 article.
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 Resources.
B. 
Existing facilities. The prohibition set forth in § 167-17A of this article shall not interfere with the operation of any existing facility, provided:
(1) 
The owner/operator of the facility has an approval permit or has submitted a permit application to DEP prior to April 9, 1990.
(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 § 167-17A 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; or
[Amended 4-14-2004 by Ord. No. 99]
(2) 
Cause to be processed, treated, or disposed of municipal waste generated within this municipality at a facility other than a disposal facility under contract with the Township, pursuant to the Potter Township waste disposal agreement and the County Solid Waste Management Plan;
[Amended 4-14-2004 by Ord. No. 99]
(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 its duties under this article, Act 101 or any enforcement of this article;
(5) 
Act in any manner 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.
[Amended 4-14-2004 by Ord. No. 99]
B. 
Public nuisance. Any unlawful conduct set forth in § 167-18A hereof shall constitute a public nuisance.
[Amended 11-14-2001 by Ord. No. 88]
A. 
General enforcement provisions.
(1) 
Any person who violates any provision of this article shall be subject to all of the following:
(a) 
Shall be guilty of a summary criminal offense.
(b) 
Shall, upon conviction, pay the criminal penalty specified in Subsection B.
(c) 
Shall, upon conviction, be subject to imprisonment specified in Subsection C.
(2) 
Each day that a violation is continued shall constitute a separate offense.
B. 
The criminal penalty for a violation of this article shall be as follows:
(1) 
For a first offense, a sum not less than $50 nor more than $1,000.
(2) 
For a second or subsequent offense, a sum of not less than $500 nor more than $1,000.
C. 
The penalty of imprisonment for a violation of this article shall be as follows:
(1) 
For a first offense, a period not more than 10 days.
(2) 
For a second or subsequent offense, a period not less than 15 days nor more than 90 days.
A. 
Restraining violations. In addition to any other remedy provided in this article, the municipality 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 County Ordinance No. 082092-SWM. In addition to an injunction, the court may impose penalties as authorized by § 167-19 hereof.
[Amended 4-14-2004 by Ord. No. 99]
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.
[Amended 4-14-2004 by Ord. No. 99]
The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purpose hereof. This article shall be construed in pari materia with County Ordinance No. 082092-SWM and Act 101.