[Adopted 7-19-1994 by Ord. No. 1025 (Ch. 20, Part 4, of the
1999 Code of Ordinances)]
As used in this article, unless the context clearly indicates
a different meaning, the following words shall have the meanings described
as follows:
The incineration, 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.
All land, structures and other appurtenances or improvements
where municipal or residual waste disposal or processing is permitted
or takes place or where hazardous waste is treated.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material, resulting
from municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, but does not include solid or dissolved material in domestic
sewage or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Section 402 of the Federal Water Pollution Control Act, as amended
(86 Stat. 880; 33 U.S.C. § 1342), or source, special nuclear
or by-product material as defined by the United States Atomic Energy
Act of 1954, as amended (68 Stat. 923; 42 U.S.C. § 2014),
which, because of its quantity, concentration or physical, chemical
or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known
as the "Coal Refuse Disposal Control Act" (52 P.S. § 30.51
et seq.). "Hazardous waste" shall not include treatment sludge from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394) (35 P.S. § 691.1
et seq.), known as the "Clean Streams Law."
Any facility that is designed, operated or maintained for
the disposal of municipal, residual or hazardous waste, whether or
not such facility possesses a permit from the Department under the
"Solid Waste Management Act."[1] The term shall not include any facility that is used exclusively
for the disposal of construction/demolition waste or sludge from a
sewage treatment plant or water supply treatment plant.
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" hereunder from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
A person engaged in the solid waste processing or disposal.
Where more than one person is so engaged in a single operation, all
persons shall be deemed jointly and severally responsible for compliance
with the provisions of this article.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency (including, but not limited to,
the Department of General Services and the State Public School Buildings
Authority), or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers and
directors of any corporation or other legal entity having officers
and directors.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste, nor
composting facilities or resource recovery facilities.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off site, whether or not the
facility is operated to recover energy. The term does not include:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, dropoff point or collection
center for recycling or any source-separation or collection center
for composting leaf waste.
Any facility, including all units in the facility, with a total
processing capacity of less than 50 tons per day.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal, ash or drill cuttings.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
Imposition. There shall be imposed a host municipality benefit fee
upon the operator of each commercial hazardous waste treatment or
disposal facility and upon the operator of each municipal waste landfill
or resource recovery facility that are located in the Borough of West
Mifflin. If the facility is located within more than one municipality,
the fee shall be apportioned according to the percentage of permitted
area located in the Borough of West Mifflin.
B.
Amount. The fee shall be $1 per ton of weighed hazardous waste or
$1 per three cubic yards of volume-measured hazardous waste for all
hazardous waste received at a facility and a fee of $1 per ton of
solid waste or $1 per three cubic yards of volume-measured solid waste
for all solid municipal waste received at a landfill or resource recovery
facility.
C.
Municipal options. Nothing in this section shall prevent the Borough
of West Mifflin from receiving a higher fee or receiving a fee in
a different form at different times than provided by existing statute,
if the Borough of West Mifflin and the operator of the landfill or
resource recovery facility agree in writing or the operator of the
commercial hazardous waste treatment or disposal facility agrees in
writing.
[Amended 3-16-1999 by Ord. No. 1094]
A.
Quarterly payment. Each operator subject to the payment of this fee
shall make the host municipality benefit fee payment quarterly. The
fee shall be paid on or before April 12, July 12, October 12 and January
12 for the three months ending the last day of March, June, September
and December.
B.
Quarterly reports. Each host municipality benefit payment shall be
accompanied by a form prepared and furnished by the Department of
Environmental Protection of the Commonwealth of Pennsylvania and/or
its authorized representatives. The form shall state the weight or
volume of the hazardous waste and solid waste received by the facility
during the payment period and provide any other information deemed
necessary by the Department of Environmental Protection to carry out
the purpose of this article. The form shall be signed by the operator.
A copy of the form shall be sent to the Department of Environmental
Protection at the same time that the fee and form are sent to the
Borough of West Mifflin.
C.
Timeliness of payment. An operator shall be deemed to have made a
timely payment of the host municipality benefit fee if all of the
following are met:
(1)
The enclosed payment is for the full amount owed for the period involved.
(2)
The payment is accompanied by the required form, and such form is
complete and accurate.
(3)
The letter transmitting the payment that is received by the host
municipality is postmarked by the United States Postal Service on
or prior to the final day on which the payment is to be received.
D.
Discount. Any operator that makes a timely payment of the host municipality
benefit fee as provided in this section shall be entitled to a credit
and shall apply against the fee payable by him a discount of 1% of
the amount of the fee collected by him.
E.
Alternative proof. For purposes of this section, presentation of
a receipt indicating that the payment was mailed by registered or
certified mail on or before the due date shall be evidence of timely
payment.
A.
Interest. If an operator fails to make timely payment of the host
municipality benefit fee, the operator shall pay interest on the unpaid
amount due at the rate established pursuant to Section 806 of the
Act of April 9, 1929 (P.L. 343, No. 176), known as the "Fiscal Code"
(72 P.S. § 806), from the last day for timely payment to
the date paid.
B.
Additional penalty. In addition to the interest provided in Subsection A, if an operator fails to make timely payment of the host municipality benefit fee, there shall be added to the amount of the fee actually due 5% of the amount of such fee, if the failure to file a timely payment is not more than one month, with an additional 5% for each additional month, or fraction thereof, during the time period which such failure continues, not to exceed 25% in the aggregate.
C.
Assessment notices. If the Borough of West Mifflin determines that
any operator of a municipal waste landfill or resource recovery facility
or a hazardous waste treatment or disposal facility has not made a
timely payment of the host municipality benefit fee, it shall send
a written notice for the amount of the deficiency to such operator
within 30 days from the date of determining such deficiency. When
the operator has not provided a complete and accurate statement of
the weight or volume of either the hazardous waste received or the
solid waste received at the said facility for the payment period,
the host municipality may estimate the weight or volume in its deficiency
notice.
D.
Constructive trust. All host municipality benefit fees collected
by an operator and held by such operator prior to payment to the Borough
of West Mifflin shall constitute a trust fund for the Borough of West
Mifflin, and such trust shall be enforceable against such operator,
its representatives, its officers and directors and any other person
receiving any part of such fund, either without consideration or with
knowledge that the operator is committing a breach of the trust. However,
any person receiving a payment of lawful obligation of the operator
from such trust fund shall be presumed to have received the same in
good faith and without any knowledge of the breach of trust.
E.
Manner of collection. All fees, interest and penalties and any other
assessments shall be collectible in any manner provided by law for
the collection of debts. If the person liable to pay any such amount
neglects or refuses to pay the same after demand, the amount, together
with interest and any costs that may accrue, shall be a judgment in
favor of the Borough of West Mifflin, upon the property of such person,
but only after same has been entered and docketed of record by the
Prothonotary of Allegheny County. The Borough of West Mifflin may,
at any time, transmit to the prothonotaries of the respective counties
of the Commonwealth of Pennsylvania, or any clerk or court of any
state or jurisdiction, certified copies of all such judgments, and
it shall be the duty of each prothonotary to enter and docket the
same of record in his office, and to index the same as judgments are
indexed, without requiring the payment of costs as a condition precedent
to the entry thereof.
F.
Remedies cumulative. The remedies provided to the Borough of West
Mifflin in this subsection are in addition to any other remedies provided
at law or in equity.
