[HISTORY: Adopted by the Board of Supervisors
of the Township of Halfmoon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-28-1992 by Ord. No. 1992-5 (Ch.
69, Art. I, of the 1994 Code)]
A.
BOARD OF SUPERVISORS or SUPERVISORS
CHEMOTHERAPEUTIC WASTE
FACILITY
HAZARDOUS WASTE
INFECTIOUS WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
MUNICIPAL WASTE
PERSON
RESIDUAL WASTE
ROADS
SLUDGE
SOLID WASTE
SPECIAL HANDLING WASTE
TOWNSHIP
TOWNSHIP ROADS
WASTE
The following definitions shall apply in the interpretation
and enforcement of this article:
The duly qualified and acting Supervisors of this Township.
Waste resulting from the production or use of antineoplastic
agents used for the purpose of stopping or reversing the growth of
malignant cells. "Chemotherapeutic waste" does not include waste containing
antineoplastic agents that are listed as hazardous waste (relating
to criteria, identification and listing of hazardous waste).
[Amended 11-21-1994 by Ord. No. 1994-2]
Any establishment, plant, operation or activity which shall
be involved in the storage, collection, generation, treatment, transfer
or disposal of solid waste, hazardous waste, residual waste, municipal
waste, infectious and chemotherapeutic waste, waste, sludge or any
other materials related thereto.
Any waste defined as hazardous under the Act of July 7, 1980,
P.L. 380, No. 97, known as the "Solid Waste Management Act,"[1] and any regulations promulgated under that Act.
Municipal waste which, unless processed, disposed, stored,
collected or transported in accordance with this article, is or may
be contaminated by a disease-producing microorganism or material or
may harm or threaten human health. The term includes the following
wastes unless they are generated by individual residences:
Wastes generated by hospitalized patients who
are isolated or on blood and body fluid precautions, in order to protect
others from their severe and communicable disease.
Cultures and stocks of etiologic agents.
Animal waste blood products which are known
or are suspected to contain contagious zoonotic pathogens and human
waste blood and blood products.
Tissues, organs, body parts, blood and fluids
that are removed during surgery and autopsy.
Wastes generated by surgery or autopsy of septic
cases or patients with infectious diseases.
Wastes that were in contact with pathogens in
any type of laboratory work, including collection containers, culture
dishes, slides, plates and assemblies for diagnostic tests and devices
used to transfer, inoculate and mix cultures.
Sharps.
Wastes that were in contact with the blood of
patients undergoing hemodialysis at hospitals or independent treatment
centers.
Carcasses and body parts of animals exposed
to contagious zoonotic pathogens.
Animal bedding and other wastes that were in
contact with animals suffering from contagious zoonotic diseases due
to natural infection or laboratory research and their excretions,
secretions, carcasses or body parts.
Waste biologicals, for example, vaccines produced
by pharmaceutical companies for human or veterinary use.
Food and other products that are discarded because
of contamination with etiologic agents.
Equipment and equipment parts contaminated with
etiologic agents.
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[2] 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.
Includes any individual or individuals, firm, corporation,
partnership, association or other organization or entity, including
a municipality.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials,
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[3] The term shall not include treatment sludge from coal
mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937, P.L. 1987, No. 394, known as the "Clean
Streams Law."[4]
All roads maintained by either the commonwealth or the Township
or any other public entity for the purpose of vehicular travel within
the geographical limits of the Township.
Any material meeting the definition of residual or hazardous
waste in the Solid Waste Management Act[5] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility.
Solid waste, as defined in the Act of July 7, 1980, P.L.
380, No. 97, known as the "Solid Waste Management Act."[6]
Municipal waste that requires the application of special
storage, collection, transportation, processing or disposal techniques
due to the quantity of material generated or its unique physical,
chemical or biological characteristics. The term includes sewage sludge,
infectious waste, chemotherapeutic waste and ash residue from a municipal
waste incineration facility.
The Township of Halfmoon, Centre County, Pennsylvania.
Roads within the Township over which the Township exercises
jurisdiction and as to which the Township has the responsibility for
maintenance.
Shall not be limited to that waste previously defined as
solid waste, municipal waste, hazardous waste, residual waste, infectious
and chemotherapeutic waste, special handling waste, sludge and other
materials related thereto and shall include all of the above regardless
of whether they are generated on site or off site.
B.
Except as herein otherwise specifically indicated,
use in the "whereas" clauses hereof[7] or in the body of this article of the terms "abatement";
"agricultural waste"; "captive facilities"; "coal ash"; "commercial
establishment"; "disposal"; "drill cuttings"; "food processing waste";
"industrial establishment"; "institutional establishment"; "management";
"manifest system"; "mine"; "mining"; "municipality"; "person"; "pollution";
"processing"; "storage"; "transportation"; and "treatment" shall have
the same meanings as those terms have under the provisions of the
Municipal Waste Planning, Recycling and Waste Reduction Act of the
Commonwealth of Pennsylvania, Act of July 28, 1988, P.L. 556, No.
101, 53 P.S. § 4000.101 et seq., and under the provisions
of the Solid Waste Management Act of the Commonwealth of Pennsylvania,
Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq., and under the provisions for the storage, collection, treatment
and disposal of infectious and chemotherapeutic waste under the provisions
of the Act of July 13, 1988, P.L. 525, No. 93, dealing with infectious
and chemotherapeutic waste disposal, 35 P.S. § 6019.1 et
seq., and under the provisions for the storage, collection, treatment
and disposal of hazardous waste pursuant to the provisions of the
Hazardous Sites Cleanup Act of the Commonwealth of Pennsylvania, Act
of October 18, 1988, P.L. 756, No. 108, 35 P.S. § 6020.101
et seq., and under the provisions for the storage, collection, treatment
and disposal of solid waste, hazardous waste, residual waste, infectious
and chemotherapeutic waste, sludge and other materials related thereto
pursuant to the provisions of the Air Pollution Control Act of the
Commonwealth of Pennsylvania, Act of January 8, 1960, P.L. (1959),
No. 2119, as amended, 35 P.S. § 4001 et seq.
[7]
Editor's Note: The "whereas" clauses of this
ordinance may be found in the copy of this ordinance which is on file
in the office of the Township Clerk.
The collection, storage, transportation, processing,
treatment and disposal of waste within the Township is hereby declared
to be a public nuisance and unlawful, except:
A.
When such collection, storage, generation, transportation,
processing, treatment and disposal of waste is conducted in accordance
with all applicable laws of the Commonwealth of Pennsylvania, including
but not limited to the Municipal Waste Planning, Recycling and Waste
Reduction Act of the Commonwealth of Pennsylvania, Act of July 28,
1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., and
the Solid Waste Management Act of the Commonwealth of Pennsylvania,
Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq., and the provisions of the Act of July 13, 1988, P.L. 525,
No. 93, dealing with infectious and chemotherapeutic waste disposal,
35 P.S. § 6019.1 et seq., and the Hazardous Sites Cleanup
Act of the Commonwealth of Pennsylvania, Act of October 18, 1988,
P.L. 756, No. 108, 35 P.S. § 6020.101 et seq., and the Air
Pollution Control Act of the Commonwealth of Pennsylvania, Act of
January 8, 1960, P.L. (1959), No. 2119, as amended, 35 P.S. § 4001
et seq., and in full compliance therewith and with all rules and regulations
thereunder and all permits issued thereunder and in accordance with
and in full compliance with the terms and provisions of this article
and all requirements of this or any other proper authority; or
B.
As has heretofore been provided for or may hereafter
be provided for by this Township with respect to the collection, storage,
transportation, processing, treatment or disposal of waste originating
within this Township.
A.
No person shall engage in any conduct requiring a
permit from the Commonwealth of Pennsylvania under the Municipal Waste
Planning, Recycling and Waste Reduction Act of the Commonwealth of
Pennsylvania, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., and the Solid Waste Management Act of the Commonwealth of
Pennsylvania, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq., and the Act of July 13, 1988, P.L. 525, No. 93, dealing with
infectious and chemotherapeutic waste disposal, 35 P.S. § 6019.1
et seq., and the Hazardous Sites Cleanup Act of the Commonwealth of
Pennsylvania, Act of October 18, 1988, P.L. 756, No. 108, 35 P.S.
§ 6020.101 et seq., and the Air Pollution Control Act of
the Commonwealth of Pennsylvania, Act of January 8, 1960, P.L. (1956),
No. 2119, as amended, 35 P.S. § 4001 et seq., within the
corporate limits of this Township without first obtaining the requisite
permit from the commonwealth and registering with the Township, pursuant
to this article, and obtaining a registration certificate from the
Township. If at the time this article becomes effective a person already
has a permit from the Commonwealth of Pennsylvania, then that person
shall have a period not greater than three months within which to
obtain a registration certificate from the Township in accordance
with this article and may operate without registration during that
period. If such person is proceeding with due diligence to obtain
a registration certificate from the Township, the Township Supervisors
may, by motion, for good cause shown, extend the time during which
the person may operate without a registration certificate.
B.
Application.
(1)
A registration certificate shall be applied for by
any person seeking a permit from the commonwealth simultaneously with
the filing of said permit application with the commonwealth by filing
a true, complete and correct copy of the state application with the
Supervisors of the Township. If a person already holds a permit from
the commonwealth or has already filed an application, a true, complete
and correct copy thereof shall be filed forthwith upon the effective
date of this article.
(2)
Registration certificates shall only be obtainable
by persons who are municipalities or municipal authorities, except
by the grant of a petition for any exemption which shall be filed
concurrently with the application for a registration certificate and
shall include such documentation to demonstrate such financial and
other resources so as to provide economic and other stability with
respect to the waste management activity.
(3)
The Township Supervisors will evaluate the petition
as well as the application for a certificate in light of the goal
to achieve continued operational stability and financial stability
of the applicant to satisfy all obligations under this article and
the prevention or abatement of a public nuisance that may be created
by the waste activity.
C.
Materials to be submitted.
(1)
All applicants for a registration certificate and
all persons who hold a registration certificate shall submit to the
Township true, complete and correct copies of all materials submitted
to the Commonwealth of Pennsylvania in connection with the project
or facility for which a registration certificate is sought, including
but not limited to applications, supporting papers and documents,
maps, test results, statements and responses to inquiries by the commonwealth.
Such material shall be submitted simultaneously with its submission
to the commonwealth or, if already submitted to the commonwealth,
promptly upon the effective date of this article. Any information
which is designated as confidential and is permitted to be so designated
by the commonwealth shall be disclosed only to the Supervisors, engineers,
solicitor or other professionals needing such information for purposes
of enforcement of this article or applicable law and shall be disclosed
by them only as necessary in the performance of their duties.
(2)
Said application shall certify that no waste activity
shall be undertaken within 500 feet of any habitable building, with
said distance being measured horizontally from the habitable building,
unless the current owner of the dwelling has provided a written waiver
consenting to the facility being closer than 500 feet. For facilities
permitted prior to April 9, 1988, no waste activity shall be undertaken
within 300 feet of any habitable building, with said distance being
measured horizontally from the habitable building, unless the current
owner of the dwelling has provided a written waiver consenting to
the facility being closer than 300 feet. A waiver shall be knowingly
made and separate from a lease or deed unless the lease or deed contains
an explicit waiver from the current owner. "Waste management activity,"
when used herein, shall encompass a permitted or proposed area to
be permitted by the Pennsylvania Department of Environmental Protection.
D.
Every person applying for a registration certificate
from the Township shall give public notice by advertisements one time
in the Centre Daily Times, the Centre County Legal Journal and in
such other or substitute newspapers as the Supervisors of the Township
may hereafter by motion designate of their application for a registration
certificate and of the type of permit obtained or being sought from
the commonwealth, the type of activity intended to be engaged in and
the location thereof and setting forth the complete name and address
of the applicant and also setting forth a location within the Township
where any interested citizen may examine a copy of the application
and setting forth reasonable hours during which the same may be examined.
Said notice shall specify that if any person has any objection to
the granting of a registration certificate by the Supervisors of the
Township pursuant to this article, such person should make known the
same within 30 days from the date of said advertisement, in writing,
addressed to the Halfmoon Township Supervisors, Port Matilda, Pennsylvania,
16870, or at such other address or designation as the Township Supervisors
may by motion hereafter fix. The Supervisors may accept comments or
objections received after said thirty-day period. In all respects
the applicant must comply with the provisions of Title 25 of the Pennsylvania
Code, Chapter 271, §§ 271.141 to 271.144, but compliance
will not be limited to only those sections set forth above.
E.
The Supervisors shall review the application and supporting
data, together with any comments or objections received from citizens,
and may, if they deem it appropriate in the exercise of their discretion,
hold a public hearing on the application for a registration certificate.
A registration certificate shall be issued if the applicant complies
with all of the terms and conditions of this article and makes appropriate
provision for future compliance with the terms and provisions of this
article, including the posting of such bonds, letters of credit or
the like as may be required by the terms hereof. A registration certificate
may be issued at any time but shall not be effective until the applicant
receives a permit from the commonwealth. The Supervisors shall act
on the request for registration within 90 days of receipt of the application
and supporting data and notification by the applicant that the Department
of Environmental Protection has deemed the permit application to be
administratively complete, unless they notify the applicant that additional
time is required (not to exceed an additional three months), explain
the reasons therefor and afford the applicant an opportunity for a
hearing on the question of need for additional time. The granting
of a registration certificate shall not be deemed approval of the
application for a permit from the commonwealth.
F.
If the Supervisors do not grant a registration certificate,
they shall give notice of that decision to the applicant, in writing,
stating the reasons why a registration certificate has been refused,
and the applicant shall be afforded an opportunity for a prompt hearing
before the Supervisors at a public meeting, after which the Supervisors
shall make a final decision. If a state permit has already been granted,
then a hearing shall at least be offered within 10 days of the Supervisors'
notice to the applicant that they will not approve registration and
stating the reasons therefor, and, unless waived by the applicant,
the Supervisors shall make their decision within 10 days after the
hearing. If this process takes place prior to the grant of the permit
by the commonwealth, the ten-day time limit shall not apply; instead,
the hearing shall be scheduled within 30 days and the decision shall
be rendered within 30 days after the hearing.
G.
If a hearing is held under Subsection E or F of this section, notice of the same shall be given by regular mail or other appropriate means to any person who made written objection to the granting of registration within the Township under Subsection D of this section and those other persons who specifically requested notice of any hearing under Subsections E or F of this section. Notice shall be mailed at least three days before the hearing. Public notice meeting the requirements of law for meetings of the Supervisors shall also be given. These provisions apply only to notice of a hearing held under Subsection E or F of this section. These provisions do not apply to other public hearings that may be held.
A.
Determinations and policy.
(1)
The Supervisors hereby determine that the providing
of safe, potable and aesthetically acceptable drinking water to houses,
buildings and dwellings of the Township is important to the health,
safety and welfare of the residents of the Township.
(2)
The Supervisors also determine that because of the
mining activity in the Township and the lack of complete and comprehensive
records thereof and because of the dangers of underground mining and
the infiltration of water supplies through underground mining and
because of the difficulties inherent in trying to trace water or water
contamination underground and because of changes in strata and water
flow that may result from blasting in connection with coal and other
mining operations, any applicant for a registration certificate shall
certify and bear the burden of proving by clear, precise, competent
and convincing evidence that the applicant's proposed activity will
not affect any public water supply, which, for purposes of this article,
shall be any water supply serving 10 or more households.
(3)
If the proposed facility is to be located in any area
higher in elevation than any public water supply and if said water
supply is groundwater dependent and is within three miles of such
facility or is surface water dependent and the proposed facility or
part thereof (measured by the boundaries of the area permitted or
to be permitted by the commonwealth) is within the watershed of said
public water supply, then it shall be presumed that such facility
could affect said water supply, unless the applicant shall rebut said
presumption by competent proof meeting the clear, precise and convincing
standard set forth above.
(4)
If at any hearing under Subsection E or F of § 195-3 the effect of the project on a private water supply (a "private water supply" for this purpose is one which is within 2,500 feet of the boundary of the project area to be permitted by the commonwealth and which does not meet the foregoing definition of a public water supply) is at issue, the applicant shall bear the burden of proving by a preponderance of the evidence that the applicant's proposed activity will not adversely affect the private water supply.
(5)
As to private water supplies as defined in Subsection A(4) above but not within the two-thousand-five-hundred-foot area required by the definition in Subsection A(4) above, the owner or user shall have the burden of proving by a preponderance of the evidence that the proposed activity will affect his or her private water supply.
B.
Whether under this section or any other provision
hereof, the decision of the Supervisors on all questions of fact shall
be subject to the highest degree of finality allowed by law, and the
scope of review of any such decisions shall be the narrowest scope
of review which legally may be imposed. This section is not intended
to deny any person any right of review or appeal which is provided
for by law.
C.
If the applicant is unable to produce evidence to
the Supervisors meeting the standards set forth above or if the applicant
chooses not to attempt to meet such requirements of proof, then the
applicant can still qualify for a registration certificate by entering
into an agreement with the Supervisors to adequately protect or replace
or treat the water supply involved at no cost to the Township or to
those affected or potentially affected and by furnishing security
as follows:
(1)
The initial amount of security to be provided shall
be 150% of the cost of performing the obligations under the agreement,
determined as follows: cost estimates and projections prepared by
competent professionals and adequately explained and documented and
not inherently unreasonable will be accepted in making determinations
under this subsection unless the Supervisors obtain contrary advice
from other competent professionals. In such event, the conflicting
professionals shall select an independent professional whose decision
on cost estimates and projections shall be final. The applicant shall
pay the costs incurred for such independent professional. Cost estimates
shall be calculated to project costs five years ahead (as if the facilities
were constructed five years after the time the estimates are actually
prepared). The initial security shall be posted prior to the granting
of a registration certificate or, if the applicant elects to defer
posting of initial security, the Township's grant of a registration
certificate shall be conditioned upon the posting of the security
prior to commencement of construction or operation. In such a case,
the applicant shall have no authority or right under said registration
certificate to construct or operate a facility until such security
is in fact posted.
(2)
Said cost estimates shall be revised in the same manner
every three years and additional security shall be provided if necessary
to cover 150% of the revised cost estimates. Such additional security
shall be provided within 30 days of a request therefor from the Supervisors.
(3)
Security shall be provided by:
(a)
Cash deposits or assignments of certificates
of deposit or similar instruments equivalent to cash;
(b)
Irrevocable or renewable letters of credit on
terms and with obligors satisfactory to the Supervisors exercising
reasonable business judgment;
(c)
Irrevocable or renewable guaranties on terms
and with guarantors acceptable to the Supervisors exercising reasonable
business judgment;
(d)
Surety bonds on terms satisfactory to the Supervisors
and with responsible surety or sureties satisfactory to the Supervisors
exercising reasonable business judgment. Whenever the Supervisors
have reasonable doubt about the solvency or continued solvency or
a surety or reasonable doubt about the ability of the surety to meet
its obligation at all times when it might be required to do so, the
Supervisors may require a substitute surety meeting the foregoing
standards or other equivalent security;
(e)
A combination of the foregoing acceptable to
the Supervisors; or
(f)
Some other form of security acceptable to the
Supervisors.
(4)
If revisions of cost estimates are not made when required
or if additional or substitute security is not provided when required
or if security in whatever form is not renewed and maintained in effect
at least 60 days prior to the end of any expiring term (and evidence
thereof furnished to the Supervisors) and if the applicant shall not
cure said deficiency within 10 days of notice thereof, except where
notice was already given, such as with respect to providing additional
security within 30 days of request therefrom, or if the applicant
shall fail to meet all of applicant's obligations under the agreement
with the Township and shall not cure said breach within 10 days of
notice thereof, the Township may forthwith declare the security forfeited
and forthwith receive or collect the same on or upon the affidavit
of at least two of the Supervisors that one or more of the circumstances
entitling the Township to forfeit of the funds has occurred. Any funds
thus forfeited to the Township shall be held and used for the purposes
for which the security was posted and for all costs and expenses,
including legal services and expenses, associated with enforcement
of the collection of the security, maintenance thereof and performance
of obligations under the aforementioned agreement; provided, however,
that:
(a)
If the reason for forfeiture is the failure
to revise cost estimates when required or failure to post additional
or substitute security or failure to renew or maintain security as
required, then the funds shall be held by the Township (except for
expenditures to reimburse itself for costs and expenses as aforesaid,
excluding costs and expenses of providing a substitute water supply),
and if the reason for the forfeiture is cured within nine months,
the funds, less said costs and expenses, shall be repaid to the original
payor or at the original payor's direction.
(b)
Notwithstanding Subsection C(4)(a) above, if, during the nine-month period referred to in Subsection C(4)(a), it is necessary under the terms hereof or under the terms of the agreement with the Township that a substitute water supply shall be provided, then the Township may expend said funds for that purpose.
(c)
The Township may allow the applicant to proceed
to provide any substitute water supply, and, if the applicant does
so in accordance with the terms of this article, the agreement above
referred to and applicable law, any forfeited amount in excess of
the Township's costs, expenses and legal fees and expenses as aforesaid
shall be returned to the provider of the security or such provider's
designee.
(d)
If, as permitted in Subsection C(4)(b) above, the Township expends such funds to provide such substitute water supply, it shall refund to the provider of such security any excess over the amount expended therefor and the amount of the aforementioned costs, expenses and legal fees and expenses and an administrative fee of 15% of the Township's project cost and other costs, expenses and legal fees and expenses as aforesaid.
(e)
If the Township's project costs and other costs,
expenses and legal fees and expenses shall exceed the amount of the
security, the applicant shall pay the excess to the Township within
10 days of demand therefor.
(5)
When necessary, in lieu of forfeiture of the security
or any portion thereof, the applicant may provide an immediate suitable
substitute water supply or any portion of such substitute system as
needed and means of implementation and use thereof.
(6)
The duration of the security shall be 10 years after
closing of the facility or until no leachate is produced of a quality
inferior to or lesser than the quality of the naturally occurring
water prior to construction of the project, whichever period is greater.
D.
All public water supplies shall be available to an
applicant for background and periodic testing at reasonable times
during reasonable business hours, provided that the applicant complies
with reasonable requirements of the owner or operator of such water
supplies as to safety and accompaniment by a representative of the
owner or operator. The Township hereby requires the owner and operator
of such water supplies to permit such testing. As to private water
supplies, if the owner refuses upon reasonable request of the applicant
to permit such testing in the same manner as herein required for public
water supplies, the owner and all persons served by such water supply
shall waive all protection under this article, and no requirement
of this article shall apply to such water supply.
E.
Deterioration of water quality.
(1)
With respect to any public water supply referred to in Subsection A(2) of this section, it shall be presumed that any significant and material deterioration or degradation in the quality or quantity of water after operation of the facility commences (as compared to quantity and quality of water during a period immediately preceding commencement of operation of the facility) is caused by the facility. This presumption shall not preclude appropriate proof of causation under other circumstances.
(2)
If such deterioration or degradation causes said water
to fail to meet federal safe drinking water standards in some respect
that did not exist prior to operation of the facility as aforesaid,
then a substitute water supply and appropriate interim remedial action
shall be furnished by the applicant forthwith upon the occurrence
of such deterioration or degradation, unless the applicant notifies
the Township that it believes there exists clear, precise and convincing
evidence that the deterioration or degradation in water quality or
quantity is not caused by the facility. In such a case, the Township
shall grant a prompt hearing on the issue at the applicant's request
and the applicant shall not be required to take interim remedial action
until the Township renders a decision after said hearing.
(3)
If the Township determines that the applicant has
failed to rebut the presumption or causation by clear, precise, competent
and convincing evidence, then temporary or interim remedial action
shall be taken pending final adjudication unless a supersede as is
obtained from a court of competent jurisdiction. Test results from
the applicant's monitoring wells shall be admissible, but not necessarily
conclusive, evidence on the causation issue. Also, if the problem
is a deterioration or degradation in quantity of water, evidence that
the area experienced a severe drought shall be admissible, but not
necessarily conclusive, on the causation issue.
(4)
If temporary or interim remedial action is required,
the temporary or interim replacement water need only meet federal
safe drinking water standards or the quality and quantity standards
existing prior to operation of the facility, whichever standard is
least severe.
(5)
Upon final adjudication of the applicant's responsibility
as aforesaid, a permanent substitute water supply shall be provided
as soon as possible. The permanent substitute water supply or treatment
facility shall be such as to provide water at least equal to the quantity
and quality of the water prior to operation of the waste facility.
(6)
If the applicant's project as submitted to and permitted
by the Department of Environmental Protection provides for monitoring
wells between the waste facility and a public water supply as herein
defined and if the test results from said monitoring wells indicate
a significant and material degradation of water quality (or quantity
if the loss of quantity is due to operation of the facility rather
than natural drought or other unrelated cause), then the applicant
shall undertake prompt action to either prevent said water in its
degraded state from percolating or moving further toward the water
supply (such as by pumping and treating or otherwise intercepting
said water) or to proceed with implementing the substitute water supply
plan or treatment plan so that the replacement or treated water will
be available before the degradation found in the monitoring wells
shall reach the water supply.
A.
The applicant shall, in the materials submitted or
by separate submission if necessary to comply herewith, furnish evidence
that the proposed activity will not create or contribute to a rodent
or odor problem or mosquito problem or other similar problems that
could affect the health, safety and welfare of the citizens of the
Township by virtue of objectionable, hazardous or offensive odor from
the project being noticeable outside the property line of the property
dedicated to the project or by virtue of the possibility of mosquitoes,
rodents or other health danger originating on the property affecting
other property, persons or things outside the boundary line of the
property dedicated to the project. If such off-premises effects occur
during operation of the project, the applicant shall take prompt remedial
action.
B.
The applicant shall, as part of the application and by such separate submissions before or after registration as may be required, describe in such detail as is reasonably practical the chemical, physical and biological characteristics of the waste to be involved in the project and identify the source of such waste. This information shall be supplemented from time to time as necessary, and such information shall, if properly designated as confidential, be subject to the confidentiality provisions of § 195-3C hereof. The application shall indicate the methods of transportation expected to be used. The application and such subsequent submissions as may be required shall set forth in reasonable detail the dangers that could be presented from a motor vehicle accident involving a truck or other vehicle carrying waste and the steps which would have to be immediately taken to protect the welfare and safety of the citizens of the Township so that by reference thereto the Township police and Supervisors and fire officials could act promptly in the event of such an occurrence so as to minimize damage and danger to residents of the Township and their property pending the time when expert officials from the state or elsewhere could be called in to deal with the problem. In order to cover situations where composition of the waste may change before additional information is made available or where the Township is unable to determine the characteristics of a particular load of waste that may be involved in an accident, the applicant shall have available to the Township a qualified individual 24 hours a day to deal with any such accidents or problems, which individual shall have reasonable familiarity with all of the substances thereof which will be handled by the project and of emergency procedures to be undertaken with respect to any such substance or who shall have access to persons who have such information and expertise. The purpose of this provision is to provide as much immediate, local, on-site expertise as possible, with easy access to more detailed information, so as to minimize any danger or damages resulting from an accident or spill. The applicant shall designate a contact person or persons who can be reached for emergency information at any time. The Supervisors shall designate a person with whom the applicant can communicate on emergency matters at any time.
A.
Any applicant shall conduct the project in such a
way and impose such requirements on anyone from whom it accepts any
waste as may be necessary such that no vehicles hauling waste to or
in connection with the project or empty vehicles which had hauled
waste to or in connection with the project shall pass within 900 feet
of any existing public or private school within the Township. The
Supervisors determine that this provision is necessary to protect
children because of the greater risk of a catastrophic accident if
a vehicle hauling waste were to be involved in an accident in the
vicinity of a school or if spillage or leakage from vehicles should
occur in the vicinity of the school.
B.
The route of transportation shall be specified in
the application and the Supervisors shall be notified in advance of
any change in the route.
C.
Because of the customary heavyweight vehicles engaged in the hauling of waste, because of the possibility of accidents, spillage or leakage, because of the possibility of the contents damaging Township roads and because of the greater risk of such damage coming from the frequency of use that would exist from the location of a waste facility within the Township as distinguished from an occasional use of a Township road by general traffic, the Supervisors hereby determine that no Township road or any portion of any Township road shall be used as a way of ingress to or from any waste disposal or storage site from a state highway, except with permission of the Supervisors, which permission shall be granted only if there is no other reasonably practical means of access from a state highway, and then only upon the applicant making satisfactory arrangements with the Supervisors for bearing the expense of the additional risk and danger to the road because of the weight, content and frequency of travel associated with the operation of a waste facility within the Township. Reasonable bonds, payment of wheelage or other assurances of ability to meet maintenance and improvement obligations agreed to may be required. The Township official designated as emergency contact person under § 195-5B is hereby authorized to grant permission for use of Township roads during emergency situations. Permission shall be presumed for a period not to exceed four hours for situations where traffic must be diverted because of an accident or similar situation temporarily blocking the designated route. The emergency contact person shall, however, be promptly notified by the applicant as soon as the applicant becomes aware of the problem. The Township may revoke the presumed permission at any time by appropriate barricades, signs or other traffic control measures. Crossing of a Township road shall also be considered use of a road and shall require an appropriate agreement between the applicant and the Township whereby the applicant agrees to properly maintain the intersection, including the Township road portion thereof. In intersection situations, a bond or other security shall be required only under exceptional circumstances. If the applicant shall fail to perform any road maintenance obligation, the applicant may be denied the use of the road, or the Township may perform the work and the applicant shall promptly reimburse the Township for the costs thereof.
D.
To ease cleanup in the event of spills or accidents,
to keep down dust or otherwise protect public safety and welfare and
to provide a good road surface to make less likely the occurrence
of tire failure or blowouts and the dangers of spillage or leakage
associated therewith, it is hereby required that any private road
used to provide access to a waste facility from a state highway or
a Township road shall be paved or surfaced with asphalt, gravel, cinders
or other equivalent materials approved by the Pennsylvania Department
of Transportation and maintained in such a manner as to at all times
provide a smooth hard surface thereon from said state highway or Township
road to the property line of the property designated for the project.
E.
In order to protect the citizens, inhabitants and
traveling public of Halfmoon Township, the applicant shall conduct
the project in such a way and impose contractual requirements on anyone
from whom it accepts waste such that all vehicles transporting said
waste to the applicant's facility shall be covered by or included
in a policy or policies of public liability insurance kept in force
with good and reliable insurance companies authorized to do business
in the Commonwealth of Pennsylvania. The liability limits shall be
not less than $1,000,000 bodily injury liability per person; $1,000,000
per occurrence and $1,000,000 property damage liability. Should the
material transported or handled be hazardous waste, the applicant
shall require a minimum of $5,000,000 liability insurance coverage
for personal injury and $5,000,000 for property damage.
F.
It is hereby declared to be unlawful for any transporter
of waste to the applicant's facility to fail to follow the designated
route (except as hereinabove provided in the case of emergencies)
or to otherwise fail to comply with the provisions and requirements
of this section. The applicant shall not be responsible for an independent
transporter's violation of this section if the applicant has fulfilled
its direct obligations hereunder and has taken reasonable steps to
inform such independent transporter of the requirements of this section.
The applicant shall not accept waste from any person who has transported
such waste in violation of the provisions of this article if the applicant
knew or should have known, in the exercise of reasonable business
practice, of such violation, unless the applicant has been furnished
evidence satisfactory to a reasonably prudent businessman that the
violation will not likely be repeated and that any harmful effects
of the violation have been corrected.
A.
It is hereby declared that the continuous transportation
by vehicles of waste creates an increased danger to the health, safety
and welfare of the residents of Halfmoon Township, their property
and environment. Any applicant who has received their registration
certificate from the Township under this article and the proper permits
under the Municipal Waste Planning, Recycling and Waste Reduction
Act[1] and/or the Solid Waste Management Act[2] and/or Hazardous Sites Cleanup Act[3] and/or Air Pollution Control Act[4] and/or the Act of July 13, 1988, P.L. 525, No. 93, dealing
with infectious and chemotherapeutic waste disposal, 35 P.S. § 6019.1
et seq., upon commencing to receive solid waste or any other types
of waste at the permitted site, shall be subject to the following
restrictions on the hours and days which vehicles may deliver waste
to the facility site:
(1)
Vehicles may deliver waste to the facility only between
the hours of 7:00 a.m. and 5:00 p.m. each day when delivery is permitted.
(2)
Delivery of waste to the facility shall occur only
on weekdays, Monday through Friday, and shall not be permitted on
Saturdays or Sundays. Delivery of waste to the facility shall not
occur on a weekday if the weekday is a state holiday as determined
by the Commonwealth of Pennsylvania.
B.
The Township shall be permitted to have two inspectors
of the Township's choice present at the facility site to oversee the
times when vehicles are delivering waste and to oversee and inspect
the contents of any or all vehicles that deliver waste to the facility
site and to oversee the operation of the landfill itself. The Township
inspectors shall be entitled to be present at the facility site at
all times when any activity or operations are occurring. If the inspectors
report any violations to the Township, the Township may proceed to
enforce the provisions of any applicable ordinance, statute, rule
or regulation that may apply.
A.
Compliance with certain regulations required.
(1)
No registration certificate shall be issued for any
hazardous waste facility or for the collection, storage, production,
generation, transportation, processing, treatment or disposal of hazardous,
chemotherapeutic or infectious waste unless the applicant shall first
provide the Supervisors certification of compliance by the applicant
and the operator of any site involved with this article, any state
permit and any laws, rules and regulations of this Township, the Commonwealth
of Pennsylvania or any other proper authority, and further conditioned
upon the future deposit and containment of hazardous waste in compliance
with the requirements of this article, any state permit and any laws,
rules and regulations of this Township, the Commonwealth of Pennsylvania
or any other proper authority such that the applicant shall guarantee
that there is no possibility that hazardous waste or any matter derived
from such hazardous waste will leak or escape from the container and
area in which such hazardous waste is disposed of and so that the
applicant shall guarantee that there is no possibility that such hazardous
waste will at any time in the future adversely affect the public health,
safety and welfare and economic and social well-being of the citizens
of the Township. If the applicant or operator abandons the disposal
facility or if the applicant or the disposal operations and methods
do not comply with the requirements of this article or a state permit
or any rule or regulation of any other proper authority, the Supervisors
immediately may proceed to enforce the provisions of any applicable
ordinance, statute, rule or regulation of the Commonwealth of Pennsylvania
or any regulatory agency of other proper authority.
(2)
Any hazardous waste generated, collected, stored,
transported, processed, treated or disposed of at any landfill, resource
recovery facility or any other operation or which occurs as a result
of any waste management activity within the Township shall be treated,
handled and disposed of in accord with the Department of Environmental
Protection regulations for the handling of said hazardous waste as
well as treated, handled and disposed of in accord with the provisions
of the Hazardous Sites Cleanup Act of the Commonwealth of Pennsylvania,
Act of October 18, 1988, P.L. 756, No. 108, 35 P.S. § 6020.101
et seq. This provision shall be applicable regardless of the amount
of hazardous waste involved.
B.
The applicant for a certificate of registration dealing
in any way with hazardous waste shall also provide evidence to the
Township that said applicant has in force public liability insurance
specifically covering environmental hazards in an amount not less
than $10,000,000 or such greater amount as the Supervisors may fix,
depending upon the nature and scope of the project. Said insurance
shall be with a reputable insurance company acceptable to the Supervisors
and shall contain a noncancellation clause and shall be and remain
in effect, unless substitute insurance likewise meeting the terms
hereof is subsequently provided, for a period of at least 100 years
after the deposit of waste commences, the generation of wastes occurs
or after the deposit of the last waste deposited or generated on the
site.
A.
If an applicant or applicants or any operator, contractor
or agent or any principal of any corporate applicant, operator, contractor
or agent or any principal or a corporate principal shall commit an
environmental violation, as herein defined, the Township may suspend,
modify or revoke a certificate of registration under the circumstances
hereinafter set forth.
B.
As used herein, "principal" means any person owning
more than 5% of the capital stock of a corporation or an officer of
the corporation or a management level employee of the corporation.
C.
"Environmental violation" shall mean any violation
in connection with the project registered or sought to be registered
under of this article, the registration certificate issued pursuant
hereto and the state permit in relation to the project or any law,
rule or regulation of any proper authority relating to this project,
including any criminal or other laws as they apply to or relate to
this project. "Environmental violation" shall also mean any past or
present violation of any criminal law, which violation in any manner
relates to solid waste, waste or environmental matters, including
contracts and obtaining contracts in relation thereto, any past or
present violation of any criminal law which is in the category of
crimen falsi offenses and any active or continuing violation of any
law, rule, regulation or permit of any proper authority relating to
solid waste, waste or other environmental matters connected with or
related to the collection, storage, transportation, processing, treatment
and disposal of waste.
D.
The applicant shall notify the Township of any environmental
violation at the time of application or as soon as the same shall
have occurred, giving adequate detail to permit proper evaluation
thereof. Notification shall be given promptly upon assertion of any
environmental violation by any proper authority, whether or not the
violation has been proven or appeals exhausted, but no adverse action
shall be taken by the Township in connection with any such violation
until a final adjudication thereof.
E.
The Township will not exercise its rights under this
provision to suspend, modify or revoke a certificate of registration
with respect to any environmental violation, the harmful effects of
which have been promptly corrected or eliminated (or, in appropriate
cases where the violation is purely technical and no harm has been
done, as to which reasonable efforts have been undertaken to prevent
future violations of the same or similar type), unless the violation
or a series of violations is, in the opinion of the Supervisors exercising
reasonable executive discretion and judgment, of such a material and
substantive nature or of such long duration or cumulative impact as
to manifest an unwillingness or inability to comply with this article
or unless such violations are criminal in nature. If the commonwealth
or the federal government shall suspend or revoke any required permit
in connection with the project, the registration hereunder shall be
automatically suspended or revoked.
A.
All applicants shall be fully responsible as provided
by law for all consequences of their operations and facilities, and
compliance with this article shall not alter or diminish any such
legal liability that might otherwise exist, whether to the Township
or to any person or other entity.
B.
In order to meet the terms of this article and to
ensure that the applicant for a registration certificate will continue
to observe the requirements hereof and in furtherance of the purposes
hereof, the Supervisors may condition the issuance of any certificate
of registration upon such terms and conditions or make the same subject
to such undertakings as the Supervisors may deem advisable, consistent
with the terms hereof and not inconsistent with state or federal law.
This provision shall not give the Supervisors the authority to impose
conditions relating generally to the proposed facility but only conditions
relating to matters covered by this article, and then only conditions
that are consistent with the provisions of this article.
Any applicant establishing a waste facility
in the Township must accept at said facility waste generated in the
Township if it would accept such waste from a source outside the Township.
The charges, terms, conditions and limitations relating to such waste
generated within the Township shall be no less favorable than those
applicable to waste generated outside the Township.
A.
Imposition; amount; options.
(1)
Imposition. There is imposed a host municipality benefit
fee upon the operator of each landfill, resource recovery facility
or facility or operation dealing with waste as herein defined that
has a currently existing permit or receives any new permit from the
Department of Environmental Protection pursuant to the provisions
of the Municipal Waste Planning, Recycling and Waste Reduction Act
of the Commonwealth of Pennsylvania, Act of July 28, 1988, P.L. 556,
No. 101, 53 P.S. § 4000.101 et seq., and the Solid Waste
Management Act of the Commonwealth of Pennsylvania, Act of July 7,
1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., and
the Act of July 13, 1988, P.L. 525, No. 93, dealing with infectious
and chemotherapeutic waste disposal, 35 P.S. § 6019.1 et
seq., and the Hazardous Sites Cleanup Act of the Commonwealth of Pennsylvania,
Act of October 18, 1988, P.L. 756, No. 108, 35 P.S. § 6020.101
et seq., and the Air Pollution Control Act of the Commonwealth of
Pennsylvania, Act of January 8, 1960, P.L. (1959), No. 2119, as amended,
35 P.S. § 4001 et seq. The fee shall be paid to the host
municipality. If the host municipality owns or operates the landfill
or facility, the fee shall not be imposed for waste generated within
such municipality. If the landfill or facility is located within more
than one host municipality, the fee shall be apportioned among them
according to the percentage of the permitted area located in each
municipality.
(2)
Amount. The fee is $1 per ton of weighed waste or
$1 per three cubic yards of volume-measured waste for all waste received
or generated at a landfill, resource recovery facility or facility
or operation dealing with waste as herein defined. Any amounts paid
by an operator to a host municipality pursuant to a preexisting agreement
shall serve as a credit against the fee amount imposed by this section.
(3)
Municipal options. Nothing in this article shall prevent
a host municipality from receiving a higher fee or receiving the fee
in a different form or at different times than provided in any of
the legislative enactments dealing with waste as defined within this
article if the host municipality and the operator of the landfill,
resource recovery facility or facility or operation dealing with waste
as herein defined agree in writing.
(4)
Supersession. The fee imposed by this section shall
preempt and supersede any tax imposed on each municipal waste landfill
or resource recovery facility under the Act of December 31, 1965 (P.L.
1257, No. 511), known as the "Local Tax Enabling Act,"[1] which is in excess of the amount imposed on or before
December 31, 1987.
[1]
Editor's Note: See 53 P.S. § 6901
et seq.
(5)
County options. Nothing in this article shall prevent
a host county from negotiating a fee or fee in a different form, if
the host county and the operator of the landfill, resource recovery
facility or facility or operation dealing with waste as herein defined
agree in writing. Any county which has negotiated a fee as of the
effective date of this article may require that the fee be continued.
B.
Form and timing of payment.
(1)
Quarterly payment. Each operator shall make the host
municipality benefit fee payment quarterly. The fee shall be paid
on or before the 20th day of April, July, October and January for
the three months ending the last day of March, June, September and
December.
(2)
Quarterly reports. Each host municipality benefit
fee payment shall be accompanied by a form prepared, furnished and
completed by the operator. The form shall state the weight or volume
of waste received or generated by the landfill or facility or operation
during the payment period and provide such other information deemed
necessary by the Township. The form shall be signed by the operator.
(3)
Timeliness of payment. An operator shall be deemed
to have made a timely payment of the host municipality benefit fee
if all of the following are met:
(a)
The enclosed payment is for the full amount
owed pursuant to this section, and no further host municipality action
is required for collection.
(b)
The payment is accompanied by the required form
and such form is complete and accurate.
(c)
The letter transmitting the payment that is
received by the host municipality is postmarked by the United States
Postal Service on or prior to the final day on which the payment is
to be received.
(4)
Discount. Any operator that makes a timely payment
of the host municipality benefit fee as provided in this section shall
be entitled to credit and apply against the fee payable by him/her
a discount of 1% of the amount of the fee collected by him/her.
(5)
Alternative proof. For purposes of this section, presentation
of a receipt indicating that the payment was mailed by registered
or certified mail on or before the due date shall be evidence of timely
payment.
C.
Collection and enforcement of fee.
(1)
Interest. If an operator fails to make a timely payment
of the host municipality benefit fee, the operator shall pay interest
on the unpaid amount due at the rate established pursuant to Section
806 of the Act of April 9, 1929 (P.L. 343, No. 176), known as the
"Fiscal Code,"[2] from the last day for timely payment to the date paid.
[2]
Editor's Note: See 72 P.S. § 1 et
seq.
(2)
Additional penalty. In addition to the interest provided in Subsection C(1), if an operator fails to make timely payment of the host municipality benefit fee, there shall be added to the amount of fee actually due 5% of the amount of such fee if the failure to file a timely payment is not for more than one month, with an additional 5% for each additional month or fraction thereof during which such failure continues, not exceeding 25% in the aggregate.
(3)
Assessment notices. If the host municipality determines
that any operator of a landfill, resource recovery facility or facility
or operation dealing with waste as herein defined has not made a timely
payment of the host municipality benefit fee, it will send a written
notice for the amount of the deficiency to such operator within 30
days from the date of determining such deficiency. When the operator
has not provided a complete and accurate statement of the weight or
volume of waste received or generated at the landfill, resource recovery
facility or facility or operation dealing with waste, as herein defined,
for the payment period, the host municipality may estimate the weight
or volume in its deficiency notice.
(4)
Constructive trust. All host municipality benefit
fees collected by an operator and held by such operator prior to payment
to the host municipality shall constitute a trust fund for the host
municipality, and such trust shall be enforceable against such operator,
its representatives and any person receiving any part of such fund
without consideration or with knowledge that the operator is committing
a breach of the trust. However, any person receiving payment of a
lawful obligation of the operator from such fund shall be presumed
to have received the same in good faith and without any knowledge
of the breach of trust.
(5)
Manner of collection. The amount due and owing as
the host municipality benefit fee shall be collectible in any manner
provided by law for the collection of debts. If the person liable
to pay any such amount neglects or refuses to pay the same after demand,
the amount, together with interest and any costs that may accrue,
shall be a judgment in favor of the host municipality upon the property
of such person, but only after the same has been entered and docketed
of record by the prothonotary of the county where such property is
situated.
(6)
Remedies cumulative. The remedies provided to host
municipalities in this article are in addition to any other remedies
provided at law or in equity.
A.
In order to determine if any applicant under this
article is complying with this article throughout its operations and
in order to evaluate applications for a certificate of registration
and in order to evaluate materials submitted pursuant to the terms
hereof, the Township may employ such engineers and other professionals
as it may deem advisable from time to time.
B.
In order to enforce the provisions hereof, to advise
the Township with respect to the application of this article and the
implementation thereof, to negotiate agreements authorized by the
terms hereof and to otherwise deal with legal matters relating to
the implementation of this article and the enforcement thereof, the
Township may employ such attorney or attorneys, including the Township
Solicitor, to render such special services in relation hereto as the
Supervisors may from time to time require.
C.
The Supervisors may adopt reasonable rules and regulations
to carry out the intent and purpose of this article from an administrative
standpoint, such as designations of addresses to be used, persons
to be contacted, procedural matters relating to hearings and other
similar matters not inconsistent with the substantive provisions hereof.
D.
Any violation of any provision of this article or
any rule or regulation of the Township Supervisors adopted pursuant
hereto or the term of any registration certificate or the term of
any permit issued by the commonwealth or any law, rule or regulation
of any federal, state or local authority in relation to the matters
covered hereby is hereby declared to constitute a public nuisance,
and any person committing such a violation shall be liable for the
costs of abatement of any pollution and any public nuisance caused
by such violation.
E.
Any person who shall violate or fail to comply with
any of the provisions of this article, any rules or regulations adopted
hereunder or any term or condition of any registration certificate
or any agreement or undertaking entered into with the Supervisors
in connection herewith shall, upon conviction in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.[1]
F.
This article shall not restrict the right of the Township
to take such other action as may be allowed by law to abate nuisances,
to correct the same on its own and to recover the costs thereof, to
forfeit bonds, to file municipal claims and otherwise exercise such
rights or remedies as may be otherwise provided by law.
G.
This article shall not restrict the right of any person
to exercise and enjoy all rights and remedies otherwise available
to such person by law relating to the matters covered hereunder, such
as, but not limited to, private rights to abate nuisances or recover
damages for tortious conduct. The Township does not intend to preempt
or restrict any such rights and remedies of any person.
H.
The Supervisors shall have the right and the applicant,
by applying for a certificate of registration, or a transporter, collector
or processor, by engaging in conduct with Township, shall be deemed
to consent to the Supervisors or their agents entering any building,
property, premises, place or vehicle where any waste is deposited
or disposed of or stored, collected or processed for the purpose of
making such investigation or inspection and taking such samples as
may be necessary to ascertain compliance or noncompliance by any person
with the provisions of this article, any registration certificate
issued hereunder, any permit issued by the Commonwealth of Pennsylvania,
or any law, rule or regulation of the Township, commonwealth, United
States or any other proper authority. The Supervisors shall also have
the right to inspect vehicles hauling waste, whether loaded or empty,
and to take samples thereof. All rights hereunder shall be exercised
in a reasonable manner and in compliance with reasonable requirements
of the inspected party as to matters of safety and accompaniment by
representatives of the inspected party during inspections, but this
requirement shall not require advance notice or prohibit inspection
merely because no one is available at the time to accompany an inspector.
I.
The remedies herein provided for the enforcement of
the provisions of this article or any other remedy afforded by law
shall not be deemed mutually exclusive and may be employed simultaneously
or consecutively at the discretion of the Supervisors.
J.
The applicant shall, annually or at such greater frequency
as the applicant may desire:
K.
In implementing this article, the Township shall provide
for such notice and hearings preceding adverse action as may be required
by applicable law or constitutional provisions.
L.
The applicant shall maintain all necessary records,
weight tickets, invoices, manifests or the like as may reasonably
be required to establish the information necessary to determine the
amount of materials, the type of materials and the weight of materials
deposited in the facility, and all of such information shall be subject
to inspection by the Township or its agents.
M.
The Supervisors may participate to the maximum extent
allowed by law in the state permitting process and in all administrative
and judicial remedies provided for therein, and nothing in this article
shall be deemed to detract in any way from the Township's right to
participate in the permitting process and in all administrative and
judicial remedies provided for with respect thereto.
N.
No grant of a certificate of registration hereunder
and no grant of a certificate contingent upon a state permit hereunder
shall be deemed to be the consent of the Township to the issuance
of a permit by the state or to prohibit the Township from taking any
position before the state that it deems advisable.
O.
This article and all obligations imposed hereunder
or under any registration certificate or agreement pursuant hereto
shall be binding upon the applicant and his or its heirs, successors
and assigns.
P.
Nothing in this article shall be construed as estopping
the commonwealth or any district attorney or solicitor of a municipality
from proceeding in courts of law or equity to abate pollution forbidden
under this article or abate nuisances under existing law. It is hereby
declared to be the purpose of this article to provide additional and
cumulative remedies to control the collection, storage, transportation,
processing, treatment and disposal of waste within the commonwealth,
and nothing contained in this article shall in any way abridge or
alter rights of action or remedies now or hereafter existing in equity
or under the common law or statutory law, criminal or civil, nor shall
any provision in this article or the granting of any permit under
this article or any act done by virtue of this article be construed
as estopping the commonwealth, persons or municipalities, in the exercise
of their rights under the common law or decisional law or in equity,
from proceeding in courts of law or equity to suppress nuisances or
to abate any pollution now or hereafter existing or to enforce common
law or statutory rights. No courts in this commonwealth having jurisdiction
to abate public or private nuisances shall be deprived of such jurisdiction
in any action to abate any private or public nuisance instituted by
any person for the reasons that such nuisance constitutes air or water
pollution.
In order to implement this article and to facilitate
the reasonable operation hereunder by the Township and any applicant,
the Township Supervisors hereby agree to meet with the applicant and
the parties' respective engineering, legal and other advisors at such
reasonable times and with such reasonable frequency as may be reasonably
required to facilitate implementation and enforcement of this article
consistent with applicable state law and in furtherance of the public
interest.
Any applicant for a registration certificate
under this article shall include with its application a registration
fee. This fee shall be payable upon submitting the application and
payable to Halfmoon Township to help cover the administrative costs
of processing the application. In addition, the applicant shall be
responsible for reimbursing the Township for any specific expenses
incurred by the Township in evaluating and processing the application,
including but not limited to advertising, engineering fees and duplication
expenses for which the Township is unable to secure payment or reimbursement
from other sources.
[Adopted 7-23-1992 by Ord. No. 1992-7 (Ch.
69, Art. II, of the 1994 Code)]
A.
COMPOSTING
LICENSED HAULER
MUNICIPAL WASTE
PERSON
TOWNSHIP
The following words and terms, as used in this article,
shall have the meanings ascribed thereto, unless the context clearly
indicates a different meaning:
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
Any person, firm, copartnership, association or corporation
who or which has been licensed by the Township to collect, transport
and dispose of refuse for a fee as herein prescribed.
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the 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[1] 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 individual, association, partnership, corporation, association,
institution, cooperative, enterprise, municipality, municipal agency,
federal government or agency, state institution or agency (including
but not limited to the Department of General Services and the State
Public School Building Authority) or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine or imprisonment,
the term "person" shall include the officers and directors of any
corporation or other legal entity having officers and/or directors.
The Township of Halfmoon, Centre County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
From and after the effective date of this article
and for reasons of health and sanitation, it shall be unlawful for
any person to accumulate municipal waste or permit to accumulate municipal
waste upon private property in the Township, except in such limited
quantities and for such limited periods of time as shall ensure that
no annoyance, nuisance, health or fire hazard shall be created thereby,
and any unauthorized accumulation of municipal waste on any premises
is hereby declared to be a nuisance and is prohibited. Failure to
remove any existing accumulation of municipal waste within 30 days
after the effective date of this article shall be deemed a violation
of this section of this article.
It shall also be unlawful for any person to
dispose of any municipal waste in the Township except in accordance
with the terms of this article. This section is not intended to require
each individual property owner to contract individually for refuse
collection; however, any person not contracting individually for collection
of municipal waste shall be required, upon written request from the
Township, to provide proof that such waste materials are being disposed
of according to the terms of this article.
It shall be unlawful for any person to haul,
transport, collect, remove and dispose of municipal waste over the
streets and alleys of said Township without first securing a license
to do so. The Township, upon application and after investigation,
as the Township shall deem necessary, may issue a license to a hauler
for a period of five years. Any person desiring to secure a license
shall present a written application thereof to the Township Secretary,
and such license shall be issued only after proper action by the Township
Supervisors after due and proper investigation relating to the collection
and disposition of municipal waste. In order to promote the health
and welfare of the Township and to control the hauling of municipal
waste, the Township shall have the right, with or without cause, to
cancel any license agreement upon six months' advance written notice
(the six-month notice shall follow adoption of an ordinance by the
Township Supervisors canceling the license arrangement) to the licensed
hauler of its intention to cancel the license. Any licensed hauler
wishing to terminate the license agreement may do so by giving the
same six-month written notice to the Township of their intention to
cancel. Failure of either party to notify the other of their intention
to cancel prior to the end of the five-year license agreement shall
result in the license agreement being renewed for additional one-year
terms.
Any license issued pursuant to the provisions
of this article shall be revocable by the Township Supervisors upon
failure of the licensee to comply with any of the provisions of this
article or with the terms of the agreement entered into between the
Township and the hauler or any of the regulations of the Commonwealth
of Pennsylvania, Department of Environmental Protection, relating
to the collection and disposition of municipal waste. Prior to the
granting of any license, the applicant shall be required to provide
the following information, with such applicant to provide new information
annually during the term of the license agreement, including:
A.
Name, address and telephone number of the applicant.
B.
Description and license number of vehicles to be used
for collection, together with a certificate of liability insurance
showing a minimum coverage of $100,000 each person and $300,000 each
occurrence and $100,000 property damage, which certificate of insurance
shall cover all vehicles to be used for collection.
C.
Type of refuse to be collected.
D.
License for disposal from the Centre County Solid
Waste Authority.
E.
Proof of workers' compensation insurance.
F.
Payment of a license fee in the amount of $1 per year.
All agreements for the removal and collection
of municipal waste shall be by private contract between the individual
citizen and the hauler licensed for the purpose of collecting, removing,
hauling and disposing of such municipal waste.
All licensed haulers will be required to comply
with the following regulations:
A.
A licensed hauler will be responsible for providing
municipal waste collection or providing the name of another licensed
hauler who agrees to provide municipal waste collection to anyone
in the Township requesting such service. In the event that the named
licensed hauler provided by the original hauler is not willing or
able to provide such municipal waste collection, the first licensed
hauler called shall provide such service.
B.
Any licensed hauler shall pick up municipal waste
at least once a week unless requested to do so less frequently by
the customer, but in any event collections must be made as often as
necessary to control health hazards, flies, odors and unsightly appearances.
C.
Collection of municipal waste may be made between
7:00 a.m. and 7:00 p.m., Monday through Saturday. In addition, in
the event of an emergency or special request, haulers shall be permitted
to make Sunday collections, subject to the condition that the Township
shall have the sole authority to decide if such Sunday collections
have become excessive and therefore shall order them stopped.
D.
Trucks or other vehicles used for the transportation
of municipal waste shall be watertight with an enclosed cargo space.
No truck shall be permitted to scatter any of the contents on any
of the streets, highways or alleys of the Township. Trucks used to
haul municipal waste must be maintained in a clean and sanitary condition
so as to be free from any unsanitary conditions or odors and so as
to present a satisfactory outward appearance and shall meet all of
the requirements of the Township Supervisors and the Department of
Environmental Protection of the Commonwealth of Pennsylvania. The
trucks may be inspected at any time by members of the Board of Supervisors
or their appointees or members of the Board of Health. Any deficiency
must be corrected immediately by the hauler. The hauler shall maintain
his equipment in such a condition as to be able to maintain his collection
schedule.
In order to end the objectionable practice of
littering the countryside with rubbish and in order to eliminate the
problem of health and sanitation due to improper dumping and disposition
of municipal waste, it shall be unlawful for any hauler licensed by
the Township to dispose of the municipal waste at any other place
than in a dumping or disposal area which has been approved and designated
by the Centre County Solid Waste Authority (with the hauler to pay
all disposal fees) only and in accordance with the Centre County Solid
Waste Plan, with the following exceptions:
A.
Any owner or occupant of any dwelling, institution,
commercial or industrial establishment may haul municipal waste from
the dwelling, institution, commercial or industrial establishment,
provided that the municipal waste is disposed of only at a landfill
approved by the Centre County Solid Waste Authority.
B.
Accumulations of municipal waste resulting from the
construction, reconstruction, alteration or demolition of any structure
may be removed from the work site by the person or persons engaged
in the work project, provided that the municipal waste is hauled to
a landfill approved by the Centre County Solid Waste Authority.
C.
Accumulations of tree limbs, branches and trunks, cut brush, bushes, shrubbery and vines may be removed from their place of origin to a landfill approved by the Centre County Solid Waste Authority by the owner or by the person engaged by the owner for the cutting, trimming or felling of said trees, brush, bushes, shrubbery or vines, provided that this is done in conformity with § 195-24.
D.
A Township cleanup day conducted by the Township or
another such municipal waste collection or materials recycling program
undertaken by the Township or by any nonprofit organization shall
be excepted from the requirements of this article, provided that the
materials collected are removed to a landfill approved by the Centre
County Solid Waste Authority or to facilities operated by an established
scrap materials dealer or to any lawfully established recycling facility.
E.
Composting and mulch mowing are strongly encouraged
within the limits of the Township. Compost piles must be confined
to prevent wind distribution of compost material.
Each person who contracts with the licensed
hauler to collect and dispose of his municipal waste shall prepare
the same in approved municipal waste containers or assemble, box or
bundle it separately in such a way that it can be handled conveniently
and will not be disseminated by wind or otherwise while awaiting collection.
However, grass clippings, leaves, branches, other organic yard materials
and Christmas trees may not be disposed of in this manner. Persons
are encouraged to have such materials composted.
No person, firm or corporation shall use or
permit to be used any spot or place within the Township as a public
or private dump for municipal waste.
Each private customer of the licensed hauler
shall pay the fee agreed upon between the customer and hauler. No
municipal waste shall be collected from any premises where the owners,
occupiers or lessees are in arrears for a period of 10 days. Fermenting,
putrefying or odoriferous municipal waste in containers collected
or dumped in the open due to failure to pay collection fees is hereby
declared to be a nuisance.
The collection of municipal waste in the Township
and the disposal thereof shall be subject to such reasonable rules
and regulations as may from time to time be promulgated by the Township
Supervisors. Licensed haulers may be requested to attend joint meetings
of the Supervisors or their appointees or of the Board of Health and/or
Township residents aggrieved by any of the provisions of this article.
This article shall be enforced by an appropriate
appointee of the Centre County Solid Waste Authority, by an appropriate
appointee of the Township Supervisors or by any police officer having
jurisdiction within the Township.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
A.
Despite any provisions in any previously adopted ordinances,
neither this article nor any other Township ordinance now in effect
shall regulate or otherwise impose restrictions regarding the disposal,
transportation and/or storage of agricultural waste, limited to poultry
and livestock manure or residual materials in liquid or solid form
generated in the production and marketing of poultry, livestock, furbearing
animals and their products, provided that such agricultural waste
is not hazardous. The term includes the residual materials generated
in producing, harvesting and marketing of all agronomic, horticultural
and silvicultural crops or commodities grown on what are usually recognized
and accepted as farms, forests or other agricultural lands.
B.
Further, no ordinance shall further regulate the disposal,
transportation and/or storage of coal ash to the extent such materials
are permitted by the Commonwealth of Pennsylvania to be used as fill,
roadbase and/or antiskid material.
