[Adopted 5-10-1982 by Ord. No. 1403]
This article may be cited as the "Township of
Whitehall Hazardous Materials Management Ordinance."
The purposes of this article are:
As used in this article, the following terms
shall have the meanings indicated:
The discharge, deposit, injection, dumping, spilling, leaking
or placing or any hazardous material into or on any land or water
so that such hazardous material or any constituent thereof may enter
the environment, be emitted into the air or discharged into any waters,
including ground waters.
The act or process of producing hazardous material.
Any substance or combination of substances of
a solid, liquid, contained gaseous or semisolid form which because
of its quantity, concentration or physical, chemical or infectious
characteristics, as established by the Mayor, may:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of, or otherwise manage
Such materials include, but are not limited
to, those which are toxic, carcinogenic, flammable, irritants, strong
sensitizers or which generate pressure through decomposition, heat
or other means, as well as containers and receptacles previously used
in the transportation, storage, use or application of the substances
described as a hazardous material.
The Mayor of the Township of Whitehall, Pennsylvania or his
or her designated agent.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Any individual, partnership, corporation (including a government
corporation), trust, association, firm, joint stock company, organization,
commission, governmental body or other entity.
Containment in such a manner as not to constitute disposal.
Movement within the corporate limits of the Township of Whitehall.
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of a hazardous material so as to neutralize or as to
render it nonhazardous, safer for transport, amenable for recovery
or storage or reduced in volume.
A location for treatment, including an incinerator or a facility
where generation has occurred.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A.
No person shall construct, substantially alter or
operate any hazardous material treatment or disposal facility site
or store, treat or dispose of any hazardous material without first
obtaining a permit from the Mayor for such facility, site or activity.
B.
The Mayor or his designate is authorized to issue,
vary or modify the terms of any permit or to suspend, revoke or deny
a permit to achieve the purpose of this article, except that the permit
shall be granted for a period of one year, such a permit year beginning
January 1 and ending December 31 and each permit must be renewed annually
before the first day of January of the subsequent year. The Mayor
shall establish the appropriate permit fee to cover the costs associated
with its issuance, which fee shall be paid immediately upon the issuance
or renewal of a permit. A list of permit holders shall be provided
to the Board of Commissioners.
A.
Within six months after the effecting date of this
article, the Mayor shall promulgate and may thereafter revise as appropriate,
rules and regulations necessary to carry out the purposes and provisions
of this article including, but not limited to:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1)
Rules and regulations regarding the following aspects
of proper hazardous materials management:
(a)
Criteria for determining the quantities and
characteristics that constitute a hazardous material.
(b)
Storage, treatment and disposal of hazardous
materials.
(c)
Transportation, containerization and labeling
of hazardous materials (consistent with those issued by the United
States Department of Transportation).
(d)
Onsite handling, including the separation and
combination of hazardous materials.
(e)
Procedures and requirements for the use of a
manifest or form which identifies and quantity, composition, origin
and use of hazardous materials within the Township.
B.
At the time of promulgation of the proposed rules
and regulations referred to in this section, a copy of the same shall
be provided to the Board of Commissioners of the Township of Whitehall
for their approval and in addition shall be published two times in
a newspaper of general circulation within the Township.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Any application for a variance shall be in writing
and a copy of the same shall be provided to the Board of Commissioners
for comment at least 48 hours before said application shall be acted
upon by the Mayor. After the giving of the notice as aforesaid, and
the consideration of any comments received, the Mayor may grant a
variance upon a showing that compliance with the requirements of this
article or the rules and regulations promulgated pursuant thereto
would result in an unreasonable financial hardship and that the public
health and welfare would not be endangered. Board to receive notice
and has 48 hours to reply.
A.
For the purpose of enforcing this article or any rule
or regulation promulgated pursuant to this article, the Mayor or his
designate may at any reasonable time and in a reasonable manner:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1)
Enter without delay any place where hazardous materials
are generated, stored, treated or disposed.
(2)
Inspect and obtain samples of any records, reports,
information or test results relating to the purposes of this article.
Each such inspection shall be commenced and completed with reasonable
promptness.
B.
If the officer or employee obtains any samples prior
to leaving the premises, he or she shall give to the owner, operator
or agent in charge, a receipt describing the sample obtained and,
if requested, a portion of each such sample equal in volume or weight
to the portion retained. If any analysis is made of such samples,
a copy of the results of such analysis shall be furnished promptly
to the owners, operators or agent in charge.
Any person adversely affected by an action taken
pursuant to the provisions of this article or the rules and regulations
promulgated thereto, may appeal from that action to the Board of Commissioners
within 30 days of the date of the action appealed.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A.
The Mayor may suspend a permit issued in accordance with § 10-13 of this article (for a period of 30 days) if the holder of the permit is in violation of this article or the rules and regulations promulgated pursuant thereto. Written notice of the suspension shall be served upon the affected party or his or her designated agent. If no appeal is filed within 30 days of this notice, the suspension shall become final.
B.
Where there is a history of repeated violations and/or
a permit has been previously suspended, the Mayor may revoke a permit,
upon a showing of subsequent violation and upon providing the affected
party or his or her designated agent, with written notice of the intent
to revoke the permit, with an opportunity for a hearing prior to revocation.
The revocation shall take effect five days after the notice has been
given unless a written request for a hearing is received by the Board
of Commissioners within that period.
C.
Where a permit has been revoked, the person affected
has the right to reapply for a permit. If this person is able to demonstrate
an ability and willingness to comply with the permit and with the
provisions of this article, and the rules and regulations promulgated
pursuant thereto, the Mayor may consider granting this new permit.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Notwithstanding any other provision of this
article, if the Mayor finds that any person is operating a storage,
treatment or disposal facility or site, or is transporting hazardous
materials in an illegal, unsafe or otherwise improper manner as to
endanger the public health or welfare, the Mayor may order such person
to immediately discontinue the act. Upon failure to comply with this
order, the Board of Commissioners may request the Township Solicitor
to commence appropriate civil action in the Lehigh County Superior
Court to secure a temporary restraining order, a preliminary injunction,
a permanent injunction or other appropriate relief.
[Amended 8-8-2005 by Ord. No. 2578; 6-8-2009 by Ord. No.
2776, approved 11-3-2009]
Whenever the Mayor or his designate has reason
to believe that there has been a violation of this article or of the
rules and regulations promulgated pursuant thereto, the Mayor or his
designate, in lieu of or in addition to the person or persons responsible
therefor, and order these persons to take such corrective measure
as are deemed reasonable and necessary. This notice shall state the
nature of the violation and shall allow reasonable time for the performance
of the necessary corrective measures. If a person fails to comply
with this notice within the time period stated in the notice, the
Mayor or his designate shall institute such action as may be necessary
to terminate the violation. Any person, firm or corporation who shall
violate any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine of not less than $300 or more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense.
