[Adopted 11-15-1993 by Ord. No. 1103]
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 2, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., as now or hereafter amended.
The disposition, 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 disposal 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 facilities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act[1] 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 of Environmental Protection 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.
Any city, borough, incorporated town, township or home rule
municipality located in Beaver County.
Permit number issued by the Department of Environmental Protection
for the operation of the landfill by an operator.
An 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 as fuel for the operation of energy.
Act 97 of 1980, 35 P.S. § 6018.101 et seq., and
the Department of Environmental Protection regulations promulgated
thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
All persons collecting and/or transporting waste within the
Borough shall be required to obtain a County license pursuant to County
Ordinance No. 082092-SWM.
All municipal waste collectors and transporters shall deliver
and dispose of all municipal waste generated within the Borough other
than recyclable materials as designated within any Borough recycling
ordinance[1] at one or more of the sites designated by the Borough.
The Borough has contracted for waste disposal capacity with one or
more of the disposal facilities designated in the Beaver County Solid
Waste Management Plan.
All collectors and transporters shall comply with all rules
and regulations adopted by the County and the Borough 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 the Borough shall use or permit to
be used any property owned or occupied by that person within the Borough
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 Subsection A 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 the Department of Environmental
Protection 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.
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, any rule, regulation or
order promulgated by the County pursuant to County Ordinance No. 082092-SWM,
or any rule, regulation or order promulgated by the Borough pursuant
to this article.
(2)
Cause municipal waste generated within the Borough to be processed,
treated or disposed of at a site or facility other than at one or
more contracted disposal facilities pursuant to one or more Borough
waste disposal agreements and the County Solid Waste Management Plan.
(3)
Collect or transport municipal waste generated within the Borough
without a valid County license.
(4)
Hinder, obstruct, prevent or interfere with the Borough in the performance
of its duties under this article, County Ordinance No. 082092-SWM
or Act 101, or in 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, any County rule or regulation promulgated pursuant to
County Ordinance No. 082092-SWM, any rule or regulation of the Borough
promulgated pursuant to this article, or the terms of any licenses
issued by the County.
Any person who engages in unlawful conduct as defined in this
article shall be subject to such enforcement remedies, penalties and
jail terms that are provided in Sections 1702 through 1709 of
Act 101, 53 P.S. §§ 4000.1702 through 4000.1709, and
§ 8-10 of County Ordinance No. 082092-SWM.
A.
Restraining violation. In addition to any other remedy provided in this article, if unlawful conduct or a public nuisance exists as defined in this article, the Borough may institute a suit in equity for an injunction to restrain a violation of this article, rules, regulations, orders issued pursuant to this article, rules, regulations, orders issued pursuant to County Ordinance No. 082092-SWM. In addition to any injunction, the court may impose penalties as authorized by § 252-13 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 Borough 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.
