[HISTORY: Adopted by the Board of Supervisors
of the Township of Darlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-1-1960 by Ord. No. 8]
Where the following words appear in the body
of this article, they shall have the following meanings ascribed to
them:
The Board of Supervisors of Darlington Township.
An area to be used or being used for the depositing of ashes,
garbage, rubbish and other types of refuse.
An annual permit issued by the Board of Supervisors of Darlington
Township for the operation of a public dump.
A dump licensed by the Board of Supervisors of Darlington
Township.
From and after the adoption and passage of this
article, it shall be unlawful for any person, partnership, corporation
or other association to dump or otherwise deposit ashes, garbage,
rubbish, refuse or trash, including all types of discarded personal
property, within the Township of Darlington, Beaver County, Pennsylvania,
except as hereinafter licensed.
The Board of Supervisors of Darlington Township
may issue a license for the operation of a public dump within the
Township.
Any person desiring to operate a public dump
within the Township shall first make application to the Board upon
such form and with such supporting information as may be prescribed
by the Board. In addition, each application shall be accompanied by
an application fee in such amount as shall be in accordance with the
schedule of fees fixed by resolution of the Board and in effect at
that time.
Each applicant and every operator of a public
dump shall agree to abide by all rules and regulations governing the
operation of a dump which may at any time hereafter be adopted and
promulgated by resolution of the Board.
In passing upon an application, the Board shall
take into consideration among other matters the following:
A.
Contour and character of the land on which the dump
is to be operated.
B.
Whether the applicant owns or leases the land on which
he intends to operate the dump.
C.
Any restrictions upon the use of the land.
D.
Type of refuse the applicant intends to accept for
dumping.
E.
Method of disposal.
F.
Proximity of homes, public buildings, and other structures
to the dumping site.
G.
The need for the particular dump applied for.
H.
Character of the applicant.
I.
Whether the interests of the citizens of Darlington
Township would be properly served if the application were granted.
No license granted under this article shall
be in effect for a period in excess of one year, but such license
shall be renewed annually upon application so long as the applicant
has abided by the terms of this article and the rules and regulations
adopted hereunder, and so long as the operation of such dump shall
not be harmful to the promotion of the health, cleanliness, comfort,
safety and general well-being of the citizens of Darlington Township.
With his application for a license, the applicant
shall submit his schedule of charges to be made to the general public
for the use of his dump and which rates shall first be approved by
the Board and which shall, upon approval and issuance of the license,
remain in effect for the period of the license, unless changed or
modified with the express written consent of the Board.
After approval of the application, the Secretary
of the Board shall notify the applicant, who then, before issuance
of the license, shall file with the Board a performance bond in the
amount of $10,000, conditioned for his faithful performance of the
terms of this article and the rules and regulations adopted hereunder,
upon the issuance of a license to operate a public dump. The performance
bond shall be also executed by such sureties as may be required by
the Board.
The failure of any operator of a public dump
to abide by all rules and regulations of the Board in effect at the
time of the issuance of the license, or the failure of any operator
of a public dump to conform to such new, additional or amended rules
and regulations as may be adopted by resolution of the Board from
time to time, within 15 days following written notice to him of their
adoption, shall constitute a violation of the terms of this article
and shall subject the licensee to a fine and imprisonment under the
terms of this article. In addition to the operator being subject to
the foregoing penalty, the Board may notify him, in writing, of the
particulars of his failure, and, unless such failure is corrected
within 10 days following written notice to him, the Board may enter
upon the land, have the condition corrected, charge the cost of correction
to the operator, and upon failure of the operator to pay, issue an
execution against him and his sureties upon his performance bond.
In addition, the failure to correct the condition existing in violation
of the terms of this article within 10 days following notice, in writing,
of the particulars shall further constitute an immediate forfeiture
of his license if, in the opinion of the Board, the violation warrants
such action.
For the purpose of enforcing the terms of this
article, the Darlington Township Police and/or Supervisors or other
authorized and designated officials or employees of Darlington Township
shall make periodic inspections of the premises covered by a license
to determine that all the conditions of this article and the rules
and regulations adopted hereunder are being fulfilled.
Nothing in the foregoing article shall be construed
to prohibit a private landowner from depositing upon his own property
his own ashes, garbage, rubbish, refuse or trash, provided that such
deposit shall not be visible to the traveling public, that it shall
not constitute a health or fire hazard, and that it shall not constitute
a nuisance or be done in a noxious or offensive manner.
Any person, partnership, corporation or other
association violating any of the provisions of this article shall,
upon conviction before a Magisterial District Judge, be sentenced
to pay a fine not exceeding $1,000 for each offense, plus costs, and,
in default of the payment of such fine and costs, to suffer imprisonment
in the Beaver County Jail for a period not exceeding 90 days.
[Adopted 3-14-1994 by Ord. No. 29]
Unless the context clearly indicates otherwise,
the following terms used in this article shall have the following
meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[1]
The County of Beaver, a municipal subdivision of the Commonwealth
of Pennsylvania.
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 [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.
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 Darlington, a municipal subdivision of the
Commonwealth of Pennsylvania, situate in Beaver County, Pennsylvania.
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
metals, 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.[3]
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 Township of Darlington has contracted for waste
disposal capacity with Joseph J. Brunner, Inc., New Sewickley Township,
Beaver County, Pennsylvania, and will be contracting with other eligible
designated disposal facilities which have executed waste disposal
capacity agreements with the County of Beaver.
All collectors and transporters shall comply
with all rules and regulations adopted by the county and this municipality
pursuant to Act 101, County Ordinance No. 082092, SWM, and 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 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, and the municipality pursuant to this article.
(2)
Cause to be processed, treated, or disposed of municipal
waste generated within this municipality at a facility other than
the facility of Joseph J. Brunner, Inc., located in New Sewickley
Township, Beaver County, Pennsylvania, or at any other eligible designated
disposal facilities which have executed waste disposal agreements
with the municipality.
(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 and/or the
municipality.
Any person who shall violate any of the provisions
of this article or fail to comply herewith shall, upon conviction
before a Magisterial District Judge, be subject to a fine of not more
than $1,000, plus costs of prosecution, for each violation. In the
event the fines and costs are not paid, the defendant shall be sentenced
to serve not more than 90 days in the Beaver County Jail. Each day
the violation exists shall constitute a separate offense.
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, 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 § 133-19 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. This article shall be construed in pari
materia with the County Ordinance No. 082092, SWM, and Act 101.
