This chapter shall be known as the "Harveys Lake Borough Nuclear Waste
Ordinance."
It is the purpose and intent of this chapter to promote and protect
public health so as to prohibit the depositing, accumulation and storage within
the Borough of nuclear waste material emitting or capable of emitting ionizing
radiation; and to prohibit the development of potential public health hazards
through the accumulation and storage of nuclear waste products emitting or
capable of emitting ionizing radiation; and, at the same time, to protect
property values of adjacent property owners by prohibiting the depositing,
accumulation and storage of nuclear waste products emitting or capable of
emitting ionizing radiation.
As used in this chapter, the following terms shall have the meanings
indicated:
IONIZING RADIATION
Any radiation consisting of:
A.
Directly ionizing charged particles (electrons, protons, alpha particles,
etc.) having sufficient kinetic energy to product ionization by collision.
B.
Indirectly ionizing uncharged particles (neutrons, photons, etc.) which
can liberate directly ionizing particles or can initiate a nuclear transformation.
PERSON
Any individual, corporation, partnership, firm, association, trust,
estate, public or private institution, group, agency, political subdivision
of this Commonwealth, any other state or political subdivision or agency thereof
and any legal successor, representative agent or agency of the foregoing.
RADIATION SOURCE
An apparatus or a material emitting or capable of emitting ionizing
radiation.
No person shall deposit, store, accumulate, keep, possess or allow upon
any property within the limits of the Borough any apparatus or material emitting
or capable of emitting ionizing radiation.
Every person subject to the provisions of this chapter shall have three
months from the time the chapter becomes effective to comply with the provisions
of this chapter.
Any person found violating any provision of this chapter shall be subject
to a fine of $300 or imprisonment for a period of 30 days, or both, and the
costs of prosecution for each violation therefor. A new and separate offense
shall be deemed to have been committed for each day that said violation exists.
In addition to the remedies provided in §
27-6 above, any continued violations of this chapter which shall constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.