[Adopted 9-8-1980 by Ord. No. 207]
This article shall be known as and may be cited
as the "Derry Township Hazardous Waste Disposal Ordinance."
The various acts, rules and regulations regulating
the collection and disposal of hazardous waste adopted and/or promulgated
from time to time by the United States of America and the Commonwealth
of Pennsylvania, whether now in force or hereafter adopted or promulgated,
are incorporated herein and made a part hereof by reference thereto.
In the event that the real or apparent conflict
exists between the language of this article or regulations adopted
hereunder, the federal or state legislation, rules or regulations,
it is hereby declared that any such conflict shall be resolved by
enforcing the most restrictive legislation, rule or regulation, it
being the intent of the Board of Supervisors to limit the dumping
of hazardous waste in the most restrictive manner possible, to minimize
the expense of operating the Township landfill and the assure compliance
with both state and federal regulations.
No collector of refuse or hazardous waste using
the Derry Township Landfill shall dispose thereat any waste determined
by the United States Environmental Protection Agency or the Pennsylvania
Department of Environmental Protection to be a hazardous waste requiring
special notification, record keeping or reporting requirements pursuant
to the regulations adopted by the United States Environmental Protection
Agency as set forth in 40 CFR, Part 261, adopted under the authority
of the Resource Conservation and Recovery Act of 1976, as amended,
or any amendments or supplements thereto.
All collectors of refuse and/or hazardous waste
using the Derry Township Landfill shall supply the Derry Township
Manager with a list of all commercial, industrial, hospital or school
customers and their addresses for whom they collect and dispose of
refuse at the Derry Township Landfill. Such list shall be supplied
within 30 effective days of the effective date of this article. Furthermore,
at the same time, they shall advise the Derry Township Manager of
their method of identifying and isolating hazardous waste from nonhazardous
waste disposed of at the Derry Township Landfill and their location
and method of disposal of any hazardous waste collected by them.
Any commercial and/or industrial enterprise,
hospital or school generating waste within Derry Township, which waste
has been determined by the United States Environmental Protection
Agency or the Pennsylvania Department of Environmental Protection
to be a hazardous waste requiring special notification, record keeping
or reporting requirements pursuant to the regulations adopted by the
United States Environmental Protection Agency under the authority
of the Resource Conservation and Recovery Act of 1976, as amended,
shall supply the Derry Township Manager with a list of all such hazardous
waste generated by it, the approximate amounts generated, their method
of identifying and isolating such waste from nonhazardous waste, and
the method and location of disposal. Such notification shall be made
within 60 days after the effective date of this article, or within
five days of the date they first begin generating such waste, whichever
last occurs.
Any generator or transporter of hazardous waste,
or anyone who owns or operates a facility for treating, storing or
disposing of hazardous waste, who is required to notify the Environmental
Protection Agency of their activity pursuant to the regulations adopted
under § 3001 of the Resource and Recovery Act of 1976, as
amended, shall also file a duplicate copy of any such notification
with the Derry Township Manager.
All definitions relating to the enforcement
of this article shall be as set forth in the U.S. Environmental Protection
Agency regulations or the Resource Recovery Conservation Act of 1976,
and any subsequent amendments thereof. References herein to specific
parts or sections shall include the successor parts or sections if
renumbered or amended.
In the event the United States Environmental
Protection Agency regulations shall be deemed to include the disposal
of sewage sludge from sewage treatment plants operated by a municipality
or municipal authority, such municipality or municipal authority may
be exempted from the provisions of this article upon submitted evidence
satisfactory to a majority of the members of the Board of Supervisors
of Derry Township that such disposal is in the best interest of the
Township residents, after taking into consideration the cost of alternate
methods of disposal, the degree of damages to the Township landfill
operation and the additional costs related to such disposal, and such
other factors as the Board of Supervisors deem to be relevant and
appropriate in making such a determination.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
