[Adopted 5-8-2000 by Ord. No. 2000-12]
It shall be unlawful for anyone to deposit,
place or dump any substance or material of any type or nature, whether
manmade or non-manmade, and whether liquid or solid, whatsoever in
the Loyalhanna Creek or along the banks of the Loyalhanna Creek and/or
its tributaries, including any portion of the creek bank under the
jurisdiction and control of the Army Corps of Engineers, from the
creek bed to the top of the creek bank, within the City of Latrobe.
To the extent that any federal or state law, rule or regulation also governs the deposit, placing or dumping of any type of substance or material in the creek bed or along the creek bank said law, rule or regulation prohibiting the same is incorporated herein by reference as though fully set forth at length to the extent that they may exceed the prohibition set forth in §
119-1 of this article.
The City of Latrobe further ordains that it
shall have the right to elect, to the extent permitted or authorized
by any federal or state law, rule or regulation, to enforce any federal
or state law, rule or regulation regarding prohibition on depositing,
placing or dumping any material or substance in the bed of or along
the banks of the Loyalhanna Creek. By this provision, the city hereby
declares that it shall be discretionary, but not mandatory upon the
city, to proceed to enforce a federal or state law, rule or regulation
to the extent that the city deems it both appropriate and feasible
to do so.
Any individual, firm, corporation or entity
who seeks to deposit, place or dump any material or substance along
the banks of the Loyalhanna Creek must file with the City an application
for a variance from the provisions of this article. The application
shall be in such form as prescribed by the City, setting forth at
a minimum the material to be dumped, deposited or placed in or upon
the banks of the Loyalhanna Creek and the reasons therefor. Further,
the application shall be reviewed and investigated by a designee of
the City of Latrobe, which investigation shall include a review of
the request by any appropriate federal or state agency. The designee
of the City of Latrobe shall thereafter make a recommendation to approve
or disapprove the application to City Council. The Council of the
City of Latrobe shall have final authority, by action duly taken,
to approve or disapprove the variance request. The form of request,
and related supporting documents to be submitted by the applicant,
shall be determined by the designee of the City of Latrobe.