Enjoining Enforcement of An Ordinance Regulating the Days a Landfill Could Be Open
In Municipality of Monroeville v. Chambers Development Corporation, 88 Pa. Commw. 603, 491 A.2d 307 (Pa. Cmwlth. 1985), the operator of a landfill sought to enjoin enforcement of an ordinance regulating the days and hours the landfill could be open.
This Court determined as follows:
Given the legislature's specific, detailed provision that municipalities may regulate the 'storage' and 'collection' of solid waste, and the obvious omission of any other permitted areas, we conclude that the legislature did not intend municipalities to have the power to regulate any aspects of the operation of a sanitary landfill. Id. at 311.
Accordingly the court concluded that the ordinance was preempted by the Solid Waste Management Act (SWMA).