[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:
ACT 101
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.
DISPOSAL
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.
LANDFILL
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.
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 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.
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 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.
MUNICIPALITY
Any city, borough, incorporated town, township or home rule municipality located in Beaver County.
PERMIT
Permit number issued by the Department of Environmental Protection for the operation of the landfill by an operator.
PERSON
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.
RECYCLING
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.
SOLID WASTE MANAGEMENT ACT
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 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.
[1]
Editor's Note: See Art. III, Collection; Recycling, of this article.
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.
C. 
Recycling. The prohibition set forth in Subsection A shall not interfere with the operation of any program adopted by the Borough 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, 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.
B. 
Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.
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.