[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:
The Municipal Waste Planning Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.[1]
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.
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[2] 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.
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.
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,[1] 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:
Browning-Ferris Industries of Ohio, Inc.
|
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Carbon Limestone Sanitary Landfill
P.O. Box 5240
Poland, Ohio 44514
|
BFI Imperial Landfill
P.O. Box 47
Imperial, Pennsylvania 15126
|
Chambers Development Company, Inc.
William H. Martin Company — Arden Landfill
P.O. Box 27300
Pittsburgh, Pennsylvania 15235
|
Joseph J. Brunner, Inc., Landfill
R.D. No.1, Brunner Road
Zelienople, Pennsylvania 16063
|
Brooke County Sanitary Landfill
R.D. No.2, Box 410
Colliers, West Virginia 26035
|
Northwest Sanitary Landfill
P.O. Box 1798
Butler, Pennsylvania 16001
|
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.
A.Â
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).
A.Â
Unlawful conduct. It shall be unlawful for any person
to:
(1)Â
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.
(2)Â
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.
(3)Â
Collect or transport municipal waste generated within
this municipality without a valid county license.
(4)Â
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.
(5)Â
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.
A.Â
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.
B.Â
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.