[HISTORY: Adopted by the Council of the Borough of Baden 4-21-1993 by Ord. No. 806. Amendments noted where applicable.]
Unless the context clearly indicates otherwise, the following terms used in this chapter shall have the following meanings:
- ACT 101
- The Municipal Waste Planning Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.
- 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.
- 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 road 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 city, borough, incorporated town, township or home rule municipality located in the county.
- 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 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 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.
- The permit number issued by the Department for the operation of the landfill by the operator.
- 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.
- 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.
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.
All municipal waste collectors and transporters shall deliver and dispose of all municipal waste generated within the municipality, other than recyclable materials as designated in a municipality's recycling ordinance, at the sites designated by the municipality. The Town Council of the Borough of Baden has contracted for waste disposal capacity for a period of five years with the option to renew said contract for an additional five years with the following facilities:
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. 082092-SWM, or this chapter.
Prohibition of municipal waste processing and disposal facilities. No person other than the county, the United States of America, the Commonwealth of Pennsylvania or this municipality shall use or permit to be used any property owned or occupied by that person within the municipality 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 Resources (DER).
Existing facilities. The prohibition set forth in § 185-5A of this chapter shall not interfere with the operation of any existing facility, provided that:
Unlawful conduct. It shall be unlawful for any person to:
Violate, cause or assist in the violation of any provision of this chapter, County Ordinance No. 082092-SWM or any rule, regulation or order promulgated by the county pursuant to County Ordinance No. 082092-SWM.
Cause municipal waste generated within this municipality to be processed, treated or disposed of at a facility other than the facilities designated in § 185-3 of this chapter, pursuant to the Baden Borough waste disposal agreement and the County Solid Waste Management Plan.
Collect or transport municipal waste generated within this municipality without a valid county license.
Hinder, obstruct, prevent or interfere with this municipality in the performance of its duties under this chapter, Act 101 or any enforcement of this chapter.
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.
Any person who engages in unlawful conduct as defined in this chapter shall be subject to such penalties and jail terms that are legally adopted by this municipality.
Restraining violations. In addition to any other remedy provided in this chapter, the municipality 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 or 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 § 185-7 hereof.
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 municipality from exercising any other remedy provided by this chapter or otherwise provided at law or equity.
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 the County Ordinance No. 082092-SWM and Act 101.