[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:
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.
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 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.
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.
MUNICIPALITY
The Township of Raccoon, Beaver County, Pennsylvania.[4]
PERMIT
Permit No. 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: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
(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.
(3) 
Recycling. The prohibition set forth in § 153-9A 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. 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;
(4) 
Hinder, obstruct, prevent or interfere with this municipality in the performance of its duties under this article, Act 101[1] or any enforcement of this article;
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(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.
B. 
Public nuisance. Any unlawful conduct set forth in § 153-10A 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[1] or the Second Class Township Code[2] or the County Code, whichever is greater, as applicable.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
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.
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. 082092SWM and Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.