Township of Daugherty, PA Chapter 136 SOLID WASTE

[HISTORY: Adopted by the Board of Supervisors of the Township of Daugherty 6-8-1994 by Ord. No. 96. Amendments noted where applicable.]

GENERAL REFERENCES

Hazardous wastes — See Ch. 95.

Property maintenance — See Ch. 120.

§ 136-1 Purpose.

The Township of Daugherty, a municipality of Beaver County, Commonwealth of Pennsylvania, and the County have determined that the appropriate legal mechanism for achieving the objectives of §§ 102 and 303(a) and (e) of the Municipal Waste Planning, Recycling and Waste Reduction Act,

Editor's Note: See 53 P.S. § 4000.101 et seq.

Act 101 of July 28, 1988, P.L. 556 (hereinafter referred to as "Act 101"), and for ensuring the delivery of Daugherty Township generated municipal waste is the enactment of a Municipal Waste Flow Control Ordinance that provides for the disposition of municipal solid waste at selected disposal facilities which are listed in the Beaver County Solid Waste Management Plan.

§ 136-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACT 101

The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter amended.

Editor's Note: See 53 P.S. § 4000.101 et seq.

COUNTY

The County of Beaver.

DEPARTMENT

The Pennsylvania Department of Environmental Protection (DEP).

DISPOSAL

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.

LANDFILL

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.

MUNICIPALITY

The Township of Daugherty.

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

Editor's Note: See 35 P.S. § 6018.101 et seq.

from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plan 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 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.

PERMIT

Permit issued by the Department for the operation of the landfill by operator.

PERSON

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.

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 a fuel for the operation of energy.

SOLID WASTE MANAGEMENT ACT

Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the Department regulations promulgated thereunder.

§ 136-3 Licensing of collectors and/or transporters.

Not later than 120 days after the effective date of County Ordinance No. 082092 SWM, all persons collecting and/or transporting waste within the municipality shall be required to obtain a county license pursuant to County Ordinance No. 082092 SWM.

§ 136-4 Disposal of waste at designated processing or disposal facility.

All municipal waste collectors and transporters shall deliver and dispose of all municipal waste generated within the Township of Daugherty, other than recyclable materials as designated in any Township recycling ordinance, at facilities designated by the Township of Daugherty through a waste disposal agreement or at disposal facilities as listed in the Beaver County Solid Waste Management Plan.

§ 136-5 Regulations.

All collectors and transporters shall comply with all county rules and regulations adopted by the county and this municipality pursuant to Act 101, County Ordinance No. 080292 SWM, or this chapter.

§ 136-6 New municipal waste processing or disposal facilities prohibited.

Continuation of existing facilities.

A. Prohibition of municipal waste processing and disposal facilities. No person shall use or permit to be used any property owned or occupied by that person within the Township of Daugherty as a new municipal waste processing or disposal facility, for the processing or disposal of waste, without the express written approval of the Township of Daugherty, the County of Beaver, and the Department of Environmental Protection.

B. Existing facilities. The prohibition set forth in Subsection A of this chapter shall not interfere with the operation of any existing facility, provided:

(1) The owner/operator of the facility has an approved DEP permit or has submitted a permit application to DEP 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 of this chapter shall not interfere with the operation of any program adopted by the Township of Daugherty for recycling.

§ 136-7 Unlawful activity; nuisance.

A. Unlawful conduct. It shall be unlawful for any person to:

(1) Violate, cause or assist in the violation of any provision of this chapter, County Ordinance No. 082092 SWM or any rule, regulation or other promulgated by the county pursuant to County Ordinance No. 082092 SWM;

(2) Cause to be processed, treated or disposed of municipal waste generated within this municipality at a facility other than facilities designated in a waste disposal agreement signed by the municipality or as listed in the Beaver County Solid Waste Management Plan;

(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 its duties under this chapter, Act 101 or any enforcement of this chapter; or

(5) Act in any matter that is contrary to Act 101, the County's Municipal Waste Management Plan, County Ordinance No. 082092 SWM, this chapter or any county or municipality rule or regulation promulgated pursuant to this chapter or County Ordinance No. 082092 SWM, 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.

§ 136-8 Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any action by any person, firm, corporation, or other entity which violates any section of this chapter or any regulations hereof shall be punishable by a fine of not less than $500 nor more than $1,000 plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed 90 days.

§ 136-9 Injunction; concurrent remedies.

A. Restraining violations. In addition to any other remedy provided in this chapter, the Township of Daugherty may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or rules, regulations and orders issued pursuant to this chapter or County Ordinance No. 082092 SWM. In addition to an injunction, the court may impose penalties as authorized by § 136-8 hereof.

B. Concurrent remedies. The penalties and remedies prescribed by this chapter shall be deemed concurrent; the existence or exercise of any remedy shall not prevent the Township of Daugherty from exercising any other remedy provided by this chapter or otherwise provided at law or equity.

§ 136-10 Construal of provisions.

The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the goals and purpose hereof. This chapter shall be construed in pari materia with County Ordinance No. 082092 SWM and Act 101.