Whereas, Borough of Darlington, A Municipality of Beaver County, Commonwealth of Pennsylvania and the County have determined that the appropriate legal mechanism for achieving the objectives of Section 102 and 303 (a) and (e) of the Municipal Waste Planning, Recycling, and Waste Reduction Act, Act 101 of July 28, 1988, P.L. No. 528 (hereinafter referred to as “Act 101”), and for ensuring the delivery of Fallston generated municipal waste is the enactment of a Municipal Waste Flow Control Ordinance that provides for the disposition of municipal solid waste at sites selected by Darlington Borough or listed in the Beaver County Solid Waste Management Plan; and now therefore, it is hereby enacted and ordered by Borough of Darlington as follows:
Sec. 1. Definitions
Unless the context clearly indicates otherwise, the following terms used in this Agreement shall have the following meanings:
- “Act 101” – The Municipal Waste Planning, Recycling and Waste Reduction Act of July 28, 1988, P. L. 528, No. 101 as now or hereafter amended.
- “Disposal” – The deposition, injection, dumping, spilling, leaking or placing of solid waste onto 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 water of the Commonwealth of Pennsylvania.
- “Landfill” – A facility using land for disposing of municipal waste. The facility includes land affected during the life-time of operations including, but not limited to areas where disposal or processing activities actually occur, support facilities, barrow 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.
- “Municipal Waste” – Any garbage, refuse, industrial liquid, semisolid or contained gaseous material, resulting from operation of a 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, waste water 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.
- “Municipality” – Any city, borough, incorporated town, township or home rule municipality located in the county.
- “Permit” – Permit No. 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 there under.
Sec. 2. Licensing of Collector and/or Transporters
Not later than 120 days after the effective date of County Ordinance No. _____, all persons collecting and or transporting waste within the municipality shall be required to obtain a County license pursuant to County Ordinance No. _____.
Sec. 3. Disposal of Municipal Waste as Designated Municipal Waste Processing or Disposal Facility
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 site(s) designated by the municipality. Borough of Darlington has contracted for waste disposal capacity with various landfills approved by Beaver, Pennsylvania for a period of five (5) years with the option to review said contract for an additional five (5) years.
Sec. 4. Regulations
All collectors and transporters shall comply with all county rules and regulations by the county and this municipality pursuant to Act 101, County Ordinance No. _____or this Ordinance.
Sec. 5. New Municipal Waste Processing or Disposal Facilities Prohibited
- Continuation of Existing 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 the 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.
- Existing Facilities – The prohibition set forth in Section 5 (a) of this ordinance shall not interfere with the operation of any existing facility provided:
- the owner/operator of the facility has an approved permit or has submitted a permit application to DER prior to April 9, 1990.
- the facility does not accept municipal waste from sources within the County other than those authorized by the facility’s permit.
- Recycling – The prohibition set forth in Section 5 (a) for this Ordinance shall not interfere with the operation of any program adopted by the municipality for recycling.
Sec. 6. Unlawful Activity: Nuisance
- Unlawful Conduct – It shall be unlawful for any person to:
- Violate, cause or assist in the violation of any provision of this Ordinance, County Ordinance No. _____ or any rule, regulation or order promulgated by the County pursuant to County Ordinance No. _____;
- or cause to be processed, treated, or disposed of municipal waste generated within this municipality at a facility other than an approved sight, pursuant to the Borough of Darlington 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 ordinance, Act 101 or any other enforcement of this ordinance.
- Act in any matter that is contrary to Act 101, the County’s Municipal Waste Management Plan, County Ordinance No. _______, this ordinance, or any County or Municipality rule or regulation promulgated pursuant to this ordinance or County Ordinance No. _____, or the terms of a license issued by the County.
- Public Nuisance – Any unlawful conduct set forth in Section 6 (a) hereof shall constitute a public nuisance.
Sec. 7. Penalties
Any person who engages in unlawful conduct as defined in this ordinance shall be subject to a penalty not to exceed a fine of $300.00 and/or incarceration, in the Beaver County Jail, not to exceed 90 days.
Sec. 8. Injunction: Concurrent Remedies
- Restraining Violations – In addition to any other remedy provided in this Ordinance, the Municipality may institute a suit in equity if unlawful conduct or a public nuisance exists as defined in this Ordinance for an injunction to restrain a violation of this Ordinance, or rules, regulations orders issued pursuant to this Ordinance or County Ordinance No. _____. In addition to an injunction, the court may impose penalties as authorized by Section 7 hereof.
- Concurrent Remedies – The penalties and remedies prescribed by this Ordinance shall be deemed concurrent, the existence or exercise of any remedy shall not prevent the Municipality from exercising any other remedy provided by this Ordinance or otherwise provided at law or equity.
Sec. 9. Construction
The terms and provisions of this Ordinance are to be liberally construed, so as to best achieve and effectuate the goals and purpose hereof. This Ordinance shall be construed in pari materia with the County Ordinance No. _____ and Act 101.
Sec. 10. Severability
The provisions of this Ordinance are severable. Any provision of the Ordinance or its application to any person or circumstance within a part of a Municipality is held valid, said invalidity shall not affect any other provision or application of this Ordinance which can be given affect without the invalid provision or application of the Ordinance and any other part of the County.
Sec. 11. Repealer
All provisions of any other Ordinance which are inconsistent with the provisions of this Ordinance are hereby repealed.
Sec. 12. Effective Date
This Ordinance shall take effect on May 2nd, 1994. Enacted and ordained and Ordinance this 2nd day of May, 1994.
Romaine Shugars, President of Council
Attest: Robyn Veon, Secretary of Council
Approved this 2nd day of May, 1994 by:
Earl W. Shugars, Mayor