[Adopted 7-13-1993 as Ord. No. 335]
Unless the context clearly indicates otherwise, the following terms
used in this Article 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, leakage or placing
of solid waste into or on the land or water in a manner such that the solid
waste or a constituent of the solid waste enters the environment, is emitted
into the air or is discharged to the water 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 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.
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
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.
Permit No. issued by the Department of Environmental Protection 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 material other than a fuel for the operation of energy.
Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the Department
of Environmental Protection regulations promulgated thereunder.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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 the municipality's recycling ordinance, at
the site(s) designated by the municipality. The Borough of Economy has already,
and will in the future, contract for a period of five years with the option
to renew said contract for an additional five years.
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 and this Article.
A.
Prohibition of new 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 Protection (DEP).
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Violate, cause or assist in the violation of any provision
of this Article, County Ordinance No. 082092-SWM or any rule, regulation or
order 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 those contracted
disposal facilities, pursuant to the Borough of Economy's waste disposal
agreement and the 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 of its duties under this Article and Act 101 or any enforcement
of this Article.
(5)
Act in any matter that is contrary to Act 101, the county's
municipal waste management plan, County Ordinance No. 082092-SWM, this Article
or any county or municipality rule or regulation promulgated pursuant to this
Article or County Ordinance No. 082092-SWM or the terms of any licenses issued
by the county.
Any person who violates any provisions of this Article shall, upon conviction
thereof, be punished by a fine not to exceed $300 or by a term of imprisonment
not to exceed 30 days, or both.
A.
Restraining violations. In addition to any other remedy provided in this Article, the municipality may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this Article for an injunction to restrain a violation of this Article or rules, regulations or order issued pursuant to this Article or County Ordinance No. 082092-SWM. In addition to an injunction, the court may impose penalties as authorized by § 97-20 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this Article shall be deemed concurrent; the existence or exercise of any
remedy shall not prevent the municipality from exercising any other remedy
provided by this Article or otherwise provided at law or equity.
The terms and provisions of this Article are to be liberally construed
in para materia with County Ordinance No. 082092-SWM and Act 101.
