[Ord. 666, 6/8/1993, § 301]
1. 
The purposes of this Part are to:
A. 
Assure the adequate and proper collection, transportation and storage of municipal waste which is generated or present within the boundaries of this Borough.
B. 
Protect the public health, safety and welfare from the dangers involved in the collection, transportation, processing, storage and disposal of waste.
C. 
Implement the terms and accomplish the objectives of the Municipal Solid Waste Management Plan and the Municipal Waste Flow Control Ordinance adopted by the County of Beaver.
D. 
Comply with the requirements of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act No. 1988-101).
[Ord. 666, 6/8/1993, § 302]
1. 
The provisions of this Part shall be interpreted according to the following principles:
A. 
Words used in this Part which are not specifically defined in either § 20-303 or the Municipal Waste Planning, Recycling and Waste Reduction Act shall have their common or ordinary meanings, as shown by a standard dictionary.
B. 
The various provisions of this Part shall be severable from each other, so that if any provision is finally determined to be illegal or invalid, the efficacy of the remaining provisions shall not be impaired.
C. 
The terms and provisions of this Part are to be liberally construed, so as to best achieve its purposes.
[Ord. 666, 6/8/1993, § 303]
1. 
As used in this Part, the following words and phrases shall have the meanings specified:
BOROUGH
The Borough of Beaver.
COMMERCIAL ESTABLISHMENT
A property used for business, professional or industrial activity including (but not limited to) retail stores, restaurants, motor vehicle fuel or service stations, banks or other financial institutions, funeral homes, professional offices, etc.
COUNTY
The County of Beaver.
DER
The Department of Environmental Resources of the Commonwealth of Pennsylvania.
INSTITUTIONAL ESTABLISHMENT
Any property used by a governmental agency or nonprofit organization for activity which involves assembly of people including (but not limited to) schools, churches, hospitals, nursing homes, etc.
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 (Act No. 97 of 1980, as amended) from a municipal, commercial or institutional water treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, governmental unit or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this Part prescribing a fine or imprisonment, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
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, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
2. 
Any words or phrases used in this Part which are specifically defined in the Municipal Waste Planning, Recycling and Waste Reduction Act shall have the same meaning as there ascribed.
[Ord. 666, 6/8/1993, § 304]
Any person who collects or transports waste within the Borough shall have an appropriate license issued by the County.
[Ord. 666, 6/8/1993, § 305]
All municipal waste generated within the Borough (other than materials covered by the Borough's recycling program) shall be transported to and processed or disposed of at facilities designated by the Borough through a waste disposal agreement, or at facilities designated under the County's Municipal Solid Waste Management Plan.
[Ord. 666, 6/8/1993, § 306]
1. 
No person other than the Borough shall use, or cause or permit the use of, any property owned or occupied by that person within the Borough as a new municipal waste processing or disposal facility without the express written approval of the Borough, the County and DER.
2. 
The foregoing prohibition shall not interfere with the operation of any existing facility; provided, that:
A. 
The owner/operator of the facility has an approved permit or has submitted a permit application to DER prior to April 9, 1990.
B. 
The facility does not accept municipal waste from any sources within the County other than those authorized by the facility's permit.
3. 
The above prohibition shall not apply to the operation of the Borough's recycling program.
[Ord. 666, 6/8/1993, § 307]
1. 
Any conduct in violation of any provision of this Part shall be deemed a public nuisance.
2. 
In case any such conduct occurs or is threatened, the Borough may commence an action in equity for an injunction to abate or prevent the nuisance.
[Ord. 666, 6/8/1993, § 308]
1. 
Offense Defined.
A. 
Any person who violates any provision of this Part shall be guilty of a summary offense.
B. 
Each violation of any provision of this Part shall be deemed a separate offense.
C. 
Each day a violation is continued shall be deemed a separate offense.
2. 
Penalties. A person convicted of an offense under Subsection 1 shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus all costs of prosecution, or in default of payment, to undergo imprisonment for not less than three nor more than 30 days.
[Ord. 666, 6/8/1993, § 309]
The remedies and penalties prescribed in this Part shall be deemed concurrent, and the existence or exercise of any remedy shall not preclude the Borough from pursuing another remedy under this Part or otherwise provided by statute or common law.