[Adopted 9-8-1992 by Ord. No. 92-4]
Unless the context clearly indicates otherwise,
the following terms used in this article shall have the following
meanings:
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 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, waste water 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.
The Township of Raccoon, Beaver County, Pennsylvania.[4]
Permit No. 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.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
All persons collecting and/or transporting waste
within the Township shall obtain a county license pursuant to County
Ordinance No. 082092SWM, as amended.
All municipal waste collectors and transporters
shall deliver and dispose of all municipal waste generated within
Raccoon Township, other than recyclable materials as designated in
the Township's recycling ordinance, if any, at the site(s) designated
by Raccoon Township. Raccoon 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 Raccoon
Township pursuant to Act 101,[1] County Ordinance No. 082092SMW, 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 or 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 § 153-9A of this article shall not interfere with the operation of any existing facility provided:
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. 082092SWM or any rule, regulation
or order promulgated by the county pursuant to County Ordinance No.
082092SWM;
(2)
Cause to be processed, treated, or disposed of municipal
waste generated within this municipality at a facility other than
the one under contract with the Township, if any, pursuant to any
waste disposal agreement with the Township and the County Solid Waste
Management Plan;
[Amended 3-8-2005 by Ord.
No. 05-01]
(3)
Collect or transport municipal waste generated within
this municipality without a valid county license;
(5)
Act in any matter that is contrary to Act 101, the
county's Municipal Waste Management Plan, County Ordinance No.082092SWM,
this article, or any county or municipality rule or regulation promulgated
pursuant to this article or County Ordinance No. 082092SWM, or the
terms of any licenses issued by the county.
A.
Restraining violations. In addition to any other remedy provided in this article, Raccoon 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. 082092SWM. In addition to an injunction, the court may impose penalties as authorized by § 153-11 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.
