[Adopted 4-6-1987 by Ord. No. 167 (Ch.
20, Part 3A, of the 1995 Code)]
This article shall be known and cited as "Lower
Pottsgrove Township Landfill Ordinance."
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings indicated herein:
All roads within the Township, either public or private,
which are used by vehicles weighing over 20,000 pounds, loaded, to
transport solid waste to a landfill.
The Board of Commissioners of Lower Pottsgrove Township.
A setback between the interior of the clay liner of a sanitary
landfill and the nearest property line and which is undeveloped except
for grass, trees and/or shrubs.
A facility or part of a facility at which waste is placed
into or on any land or property and at which waste will remain after
closure.
All land, structures and other appurtenances or improvements
on a property where solid waste is processed, stored or disposed.
Any cartway within the landfill which shall be constructed
for utilization in all weather conditions.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, mining or agricultural operations
and from community activities or any combination of the above but
does not include solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to
permits under § 402 of the Federal Water Pollution Control
Act, as amended (86 Stat. 880); or source, special nuclear or by-product
material, as defined by the U.S. Atomic Energy Act of 1954, as amended
(68 Stat. 923); the Solid Waste Management Act of the Commonwealth
of Pennsylvania,[1] and as further defined by Pennsylvania Department of Environmental
Protection (DEP) regulations, which, because of its quantity, concentration
or physical, chemical or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population as defined by Pennsylvania DEP regulations or
as supported by competent evidence of that fact.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed, as defined by Pennsylvania
DEP regulations or as supported by competent evidence of that fact.
A disposal facility or part of a facility where solid waste
is placed in or on land.
Tract of land upon which is located a landfill, including
all structures and other appurtenances or improvements created thereon.
A continuous man-made layer of materials constructed beneath
a landfill in accordance with Pennsylvania DEP regulations which prevents
the downward or lateral escape of solid waste, solid waste constituents
or leachate.
A city, borough, incorporated town, township or county or
any authority created by any of the foregoing.
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, 35 P.S. § 6018.101 et
seq., hereinafter "Act 97," from a municipal, commercial or institutional
water supply, wastewater treatment plant or air pollution control
facility.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, joint venture, municipality, federal government
or agency, state institution and agency or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties.
Garbage, refuse, discarded material or other waste, including
solid, liquid, semisolid or contained gaseous materials resulting
from industrial, mining and agricultural operations and sewage from
an industrial, mining or agricultural water supply treatment facility,
wastewater treatment facility or air pollution control facility, provided
that it is not hazardous.
A land site on which engineering principles are utilized
to bury deposits or solid waste without creating public health or
safety hazards, nuisances, pollution or environmental degradation.
The uncontrolled and/or unauthorized removal of material
from a landfill site.
Any waste, including, but not limited to, municipal, residual
or hazardous waste including solid, liquid, semisolid or contained
gaseous materials.
Lower Pottsgrove Township, Montgomery County, Pennsylvania.
A transfer station is a facility for the transfer and packing
of solid waste from smaller collection vehicles to larger transport
vehicles.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
It shall be unlawful for any person or business
entity to use or continue to use land within the Township as a landfill,
sanitary or otherwise, without first obtaining a one-year permit therefor
from the Board of Commissioners. After the effective date of this
article, such permit may be obtained only by a municipality; provided,
however, that a landfill, sanitary or otherwise, in existence and
operation within the Township on the effective date of this article
shall be eligible to apply for such permit.
[Amended 3-23-1995 by Ord. No. 192]
A.
Each application or renewal application shall be accompanied by a permit fee in an amount as established, from time to time, by resolution of the Board of Commissioners and a further deposit in an amount as established, from time to time, by resolution of the Board of Commissioners, both made payable to the Township of Lower Pottsgrove in the form of a certified check or money order to be applied against the actual cost to the Township of technical review of the application and impact statement and to be further applied against the actual cost to the Township for the testing of underground monitoring wells as hereinafter provided in § 198-7B(2), together with the actual cost to the Township of providing labor, materials and/or equipment to ensure compliance by the permit applicant and/or permittee with the terms and provisions of this article.
B.
Prior to the Township's expenditure of any portion of the aforesaid deposit for the testing of underground water monitoring wells as hereinafter provided in § 198-7B(2), together with the actual cost to the Township of providing labor, materials and/or equipment to ensure compliance by the permit applicant and/or permittee with the terms and provisions of this article, the Township shall promptly advise the permit applicant and/or permittee, in writing, of the actual cost of the Township's expenditure(s). Thereafter, the permit applicant and/or permittee shall be afforded seven calendar days within which to consent to, in writing, or contest the Township's expenditure(s). In the event the permit applicant and/or permittee shall elect to contest the Township's expenditure(s), in writing, as aforesaid, such controversy or claim shall be promptly settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) shall be entered in any court having jurisdiction thereof.
[Amended 3-23-1995 by Ord. No. 192]
A.
Each permit shall be valid for one year from the date
of issuance. The permit holder desiring to renew an existing permit
shall complete and submit to the Board of Commissioners an application
at least 90 days before the expiration date thereof and shall tender
with each application such permit fees as are required herein.
A.
No application for a permit under this article shall
be accepted by the Board of Commissioners unless the applicant has
first obtained and received a permit from Pennsylvania DEP for such
use. All permit fees submitted with a permit application or renewal
application are nonrefundable even if the permit is denied or subsequently
suspended or revoked.
B.
The application for a permit shall be submitted in
writing to the Board of Commissioners and shall contain:
(1)
A topographical drawing and a land development plan in accordance with the Lower Pottsgrove Township Land Development and Subdivision Regulations (Chapter 215) prepared by a professional engineer or professional land surveyor registered in the Commonwealth of Pennsylvania to a scale as shall from time to time be required by resolution of the Lower Pottsgrove Township, showing:
(a)
Location of site relative to public roads.
(b)
Owners of adjacent properties.
(c)
Proposed fencing and improvements.
(d)
Proposed screening.
(e)
Cross sections showing the existing grades and
the proposed grades upon completion and closure of the landfill.
(f)
Landfill areas within the landfill site to include
staging or landfill development and the location of haul roads and
access roads.
(g)
Location of equipment cleaning and tire cleaning
areas.
(h)
Location of weighing scales (if applicable),
fire-fighting equipment and all facilities.
(2)
The names and current addresses of any and all persons
who own any interest, real or equitable, in the real estate which
is the subject of the application.
(3)
The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answers to Subsection B(2) above, where such persons or firms possess an ownership interest of 10% or more.
(4)
The names and current addresses of any and all persons
having any interest in the operation or proposed operation, maintenance
and use of the real estate in question as a landfill.
(5)
The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answer to Subsection B(4) above, where such persons possess an ownership interest of 10% or more.
(6)
The identities and qualifications of personnel designated
to manage the proposed facility, together with their intended responsibilities.
(7)
All requirements of the Pennsylvania Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., in effect at the time of
application and regulations and standards of the Department of Environmental
Protection of the Commonwealth of Pennsylvania relating to solid waste
processing and disposal systems are incorporated herein by reference,
and the applicant shall be required to submit any and all plans, applications,
data, materials, studies and information to the Board of Commissioners
as is required to be submitted to the Pennsylvania DEP pursuant to
said Act, regulations and standards. All such materials shall be certified
by the applicant to be true and correct copies of original materials
filed with that Department.
(8)
Statements indicating expected useful life of the
landfill site and the condition and proposed uses of said site upon
termination of operation, including, but not limited to, any limitations
on future uses due to decomposition gases.
(9)
An access road survey, which shall include the following:
(10)
Statement of applicant's prior experience, if
any, in operating landfills.
(11)
Environmental assessment statement.
(a)
The statement shall include the following:
[1]
A description of the proposed landfill and facilities.
[2]
A physical description of the environment affected,
including, but not limited to, summary technical data and maps and
diagrams adequate to permit an assessment of potential environmental
impact by commenting agencies and the public. Highly technical and
specialized analyses and data should be attached as appendixes or
footnoted with adequate bibliographic references.
[3]
The interrelationships and cumulative environmental
(including economic) impact of the proposed landfill and other landfills
shall be stated with adequate technical analysis.
[4]
The sources of data used to identify, quantify
or evaluate any and all of environmental consequences must be expressly
noted.
[5]
The relationship of the proposed landfill to
land use plans, policies and controls for the affected area, including
a statement as to how the proposed landfill may conform or conflict
with the objectives and specific terms of existing or proposed federal,
state, county and Township land use plans, policies and controls.
[6]
An analysis of:
[a]
The primary and secondary effects
of the landfill and its capacity to stimulate or induce changes in
patterns of social and/or economic activities.
[b]
The impact on existing community
facilities and activities, changes in natural conditions, etc.
[c]
The effect on natural and cultural
features, such as streams, mountains, historic sites, landmarks, principal
roads, lakes and towns.
[7]
Specific data relating to the impact of the
landfill on local vehicular traffic.
[8]
Specific date relating to the impact of the
landfill on local water supplies, streams and rivers.
[9]
Specific data relating to the impact of the
landfill on natural and man-made local storm drainage facilities and
areas.
[10]
Specific data relating to the impact of the
landfill on the existing flood-hazard areas of the Township, including
details of any measures or precautions which may have to be taken
in order to provide adequate flood control in the Township.
[11]
A statement of any probable adverse environmental
effects which cannot be avoided (such as water or air pollution, undesirable
land use patterns, damage to life systems, congestion, threats to
health or other consequences adverse to the environment). Included
for purposes of contrast should be a clear statement of how other
avoidable adverse effects will be mitigated.
[12]
The relationship between local short-term uses
of the environment and the maintenance and enhancement of long-term
productivity. This section should contain a brief discussion of the
extent to which the proposed action involves short-term environmental
gains at the expense of long-term losses, or the converse, and a discussion
of the extent to which the proposed action forecloses future options.
In this context the words "short-term" and "long-term" should be viewed
in terms of the environmentally significant consequences of the proposed
action.
[13]
The aesthetic impact of the proposed action,
including its impact upon visual quality of the surrounding community.
[14]
An analysis of the success and/or failure of
similar projects if the proposed project is of a nonconventional nature.
Determination of the conventional or nonconventional character of
the proposed project will be made by the Township Engineer.
[15]
A statement of any adverse effects on employment,
taxes and property values.
[16]
A statement of any effects on desirable community
growth.
[17]
A statement describing the location and impact
of the project on nearby recreation areas.
(b)
In developing the above data, the applicant
shall convey the required information succinctly in a form easily
understood both by members of the public and by public decisionmakers,
giving attention to the substance of the information conveyed rather
than to the particular form or length or detail of the statement.
Statements should indicate, at appropriate points in the text, any
underlying studies, reports and other information obtained and considered
by the applicant in preparing the statement. Care should be taken
to ensure that the statement remains an essentially self-contained
instrument capable of being understood without the need for cross-reference.
(c)
Each environmental statement should utilize
a systematic, interdisciplinary approach which will ensure the integrated
use of the natural and social sciences and the environmental design
areas in planning and decisionmaking which may have an impact on the
environment. Application of such an approach should help assure a
systematic evaluation of reasonable alternative courses of action
and their potential social, economic and environmental consequences.
A.
Every person receiving a permit under this article
shall constantly maintain the landfill site in accordance with any
special provisions imposed by the Board of Commissioners and in the
manner prescribed in this section and any subsequent regulations adopted
by the Board of Commissioners plus all regulations currently imposed
by the Solid Waste Management Act, the Pennsylvania DEP, plus any
subsequent regulations adopted by said agency.
B.
The following regulations shall apply to all landfills
and landfill sites:
(1)
The landfill shall be located so that safe and adequate
access is available over public roads at all times. In doing so, any
access road, as defined herein, to the proposed landfill shall be
a minimum of 24 feet in width and paved with bituminous or concrete
materials having a surface and base course of sufficient depth to
withstand traffic loads determined by the number and weight of trucks
anticipated in a daily operation of the proposed landfill. The Board
of Commissioners may further require that the cost of improvement
of access roads to provide this standard of access shall be assessed
against the permittee either by requiring contribution of monies sufficient
to pay the improvements to the access roads or by assessing dumping
fees on the operation of said landfill sufficient to pay for the improvements
to the access roads. The permittee shall give written assurance that,
within one year of the termination of the landfill operation all access
roads will be restored, if necessary, to their condition as existing
immediately prior to the commencement of the operation as determined
by the Township Engineer.
(2)
All trucks entering and leaving the landfill site
shall be covered and all access roads, as defined herein, to the landfill
shall be patrolled daily by the landfill or its designees, to pick
up and dispose of scattered and blowing papers or other refuse.
(3)
The landfill site shall be properly fenced along the
interior boundary of the buffer zone, as per Department of Environmental
Protection regulations, to prevent blowing papers and other refuse
on adjoining properties. The fences shall be metal wire mesh constructed
of No. 9 gauge wire woven in a two-inch mesh in full conformance with
the American Society of Testing Materials Specification A 491-71.
The surface height of the fence shall be eight feet, plus an additional
minimum of three strands of barbed wire installed, at least six inches
apart, onto brackets affixed to the top of the fence at an angle 45°
from vertical. The fence shall contain, at all entrances, gates which
are locked except during business hours. In addition, temporary litter
control fences shall be installed in such a manner as to prevent litter
from dispersing onto the landfill site, no more than 75 feet downwind
from the immediate operating area. The landfill site shall be adequately
policed, and all litter shall be collected weekly and incorporated
into the landfill.
(4)
The landfill shall not be located on land mapped by
the Natural Resources Conservation Service as having either a high-water
table or seasonal high-water table or which is subject to flooding.
(5)
The landfill site shall be graded and provided with
drainage facilities to minimize runoff, prevent erosion and prevent
collection of standing water.
(6)
Burning and scavenging shall not be permitted.
(7)
Hours of operation shall be limited to 7:00 a.m. to
6:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. Saturday
(emergencies excepted); the landfill site shall not be operated on
Sundays and holidays. At least three employees shall remain at the
landfill site during business hours.
(8)
The landfill shall be located a minimum of 400 feet
from any other zoning district boundary line and at least 500 feet
from any existing residence or any residence under construction at
the time of application.
(9)
The landfill shall be located a minimum of 200 feet
from any street not located within the landfill site and 200 feet
from any adjoining property line.
(10)
Maximum lot size shall be 75 acres.
(11)
The landfill, as well as all improvements erected
on the landfill site, shall be screened from view from the adjoining
property boundaries by a buffer zone of a minimum of 200 feet between
said site and improvements and any adjoining property in which shall
be placed a planting screen consisting of a variety of evergreen trees
in a solid double row with a minimum height of nine feet so as to
create a visual screening of said site and improvements from all adjoining
real property.
(12)
The grade of the landfill shall not exceed current
existing DEP regulations. The final grading of the landfill shall
be done in a manner so that the landfill site is left in a useful
condition in accordance with DEP regulations in effect at that time.
(13)
Wherever possible the trench method of landfill
shall be used with an appropriate liner as approved by DEP. In the
trench method, refuse is placed in a trench, compacted and covered
in longitudinal cells. Cover material is obtained by the excavation
of a parallel trench. Where the trench system of sanitary landfill
is used, successive parallel trenches must be at least two feet apart.
The area method of landfill shall be used where the trench method
would be impractical due to topographical or other conditions. The
area method involves the filling and covering of existing ravines
or other low places.
(14)
All solid waste shall be deposited in trenches
or low places and shall be spread, compacted and covered by the end
of each day with a layer of dirt at least six inches deep.
(15)
All equipment on the landfill site shall be
maintained in a clean and neat condition.
(16)
Necessary measures shall be taken to prevent
and extinguish fires. Water at adequate volume and pressure, as determined
by the Board of Commissioners, to supply water hose streams or foam-producing
equipment or water spray systems, as well as necessary equipment,
compatible with local fire department equipment such as hoses, nozzles
and pumps for minimizing fire hazards, shall be available at the site.
All equipment and buildings shall be equipped with functional fire
extinguishers. At least three functional Scott air packs shall be
housed at the landfill site.
(17)
Any materials salvaged from the fill must be
stored in a building on or off the site in such a manner as to prevent
rat harborage and permit proper operation of the landfill. Such storage
building must be at least 200 feet from the working surface so as
not to interfere with the compacting and covering. All salvage material
must be placed daily within the building, provided that none is left
uncovered during the night or on weekends.
(18)
The landfill shall contain an on-site scale and all solid waste delivered to the landfill site shall be weighed or the size estimated and recorded pursuant to § 198-11.
(19)
A certified copy of all reports, data, plans
and other material or information required to be submitted to the
Board of Commissioners.
(20)
A tire cleaning area shall be provided on the
access road within the landfill site. All tires on all trucks leaving
the landfill site shall be cleaned. Runoff from the tire cleaning
area shall be controlled in accordance with the provisions of the
Pennsylvania Stormwater Management Act, 32 P.S. § 680.1
et seq.
(21)
Landfill liners, when required by the Pennsylvania
DEP, shall be constructed in strict compliance with DEP regulations.
(22)
An equipment cleaning area shall be provided
on the landfill site. All equipment used to grade and compact solid
waste in the landfill shall be cleaned daily to prevent odors, vectors
and other nuisances. All drainage from equipment cleaning areas shall
be managed so as to prevent water pollution and shall be discharged
to a sanitary sewer system or other facilities approved by the Board
of Commissioners.
(23)
Groundwater monitoring wells shall be required
and shall be located both along the interior boundary lines of the
buffer zone and outside the boundary lines of the landfill site as
determined by a DEP-approved hydrogeologist in accordance with the
Pennsylvania DEP regulations. The water in each well shall be tested
by the permittee monthly for all items listed in the regulations of
the Pennsylvania DEP and for all other additional items as may be
required by resolution of the Board of Commissioners. The test results
shall be submitted, in writing, to the Board of Commissioners within
10 days after the date of each test.
(24)
All facilities, equipment and personnel shall
be equipped with both an internal communications or alarm system capable
of providing immediate emergency instructions (voice or signal) to
facility personnel and a device immediately available at the scene
of operations, such as a telephone or a hand-held two-way radio, capable
of summoning emergency assistance from local police and fire departments.
(25)
The landfill site shall have at least one emergency
access entrance, which shall be locked except when used during an
emergency situation. The permittee shall provide a key to this entrance
to both the Landfill Inspector and the local fire departments.
(26)
Emission of unpleasant gases or odorous matter
shall not be permitted in such quantities as to be offensive outside
the boundaries of the landfill site. Similarly, the sound pressure
level of any operation within the landfill site shall not exceed at
any point of residential occupancy outside of the landfill site boundary
reasonable decibel levels for those locations.
(27)
Sanitary toilet facilities, as approved by the
Board of Commissioners, shall be constructed and made available for
use by persons on the landfill site.
(28)
Permittee shall prepare and update, when needed,
a detailed map of all haul roads within the landfill. This map shall
be submitted to the local police and fire departments within 10 days
of its completion or update.
(29)
Upon completion of each major phase of landfill
construction, certification shall be provided by a professional engineer
registered in the Commonwealth of Pennsylvania indicating that the
actual landfill construction was observed by such engineer or his
agents and that said construction is in strict conformance with permit
requirements of both the Pennsylvania DEP and ordinances of the Township.
(30)
Standby equipment shall be on site available
within 24 hours of equipment failure. In the event of equipment failure,
standby equipment shall be utilized.
(31)
Hours of operation and operating fee rates shall
be prominently displayed on the sign at the entrance. The sign shall
be a minimum size of three feet by four feet, and the lettering shall
be readable with the naked eye from a minimum distance of 50 feet.
The sign shall in all other respects comply with all other Township
regulations as to signs.
Within 90 days of the receipt of an application for a permit by the Township, the Board of Commissioners shall issue a permit or shall refuse to issue a permit to the applicant after an examination of the application and after determination that the applicant has complied with regulations in this article, including but not limited to § 198-6A.
No permit issued by the Board of Commissioners
shall be transferable by the permittee to any other entity unless
such a transfer is authorized by the Board of Commissioners. Any entity
desiring to transfer his permit shall notify the Board of Commissioners,
in writing, which notification shall be accompanied by an application
for a permit as prescribed by this article by the transferee.
[Amended 3-23-1995 by Ord. No. 192]
In the event that the Board of Commissioners
shall approve the transfer of a permit, the transferee shall immediately
pay to the Township a transfer fee in an amount as established, from
time to time, by resolution of the Board of Commissioners on account
of expenses and investigation of transfers by the Township.
Every person who has obtained a permit under
this article shall provide and keep a daily log. The permittee shall
be responsible for the accuracy of all information contained in the
daily log. The daily log shall contain the following information written
down in the English language:
A.
The origin of all solid waste accepted by the landfill
site.
B.
The weight of all solid waste accepted by the landfill
site.
C.
The number of trucks bringing solid waste to the landfill
site.
D.
The number of vehicles other than trucks bringing
solid waste to the landfill site.
E.
The type of solid waste accepted by the landfill site.
F.
A complete record of all monies accepted by the landfill
operation for solid waste brought to the landfill site.
G.
The name, home address and telephone number and license
plate number of the driver of each vehicle bringing solid waste to
the landfill site.
A.
The Board of Commissioners shall appoint or hire a
Landfill Inspector who shall be required to regularly oversee and
inspect the landfill operation, the landfill site and all vehicles
entering or leaving the landfill site to monitor compliance with the
regulations contained in this article. The Inspector is required to
submit monthly reports, in writing, to the Board of Commissioners
concerning the condition of the landfill and landfill site.
B.
The permittee shall at all times allow the Landfill
Inspector access to the following:
(1)
All records, data, material, books and other information
kept or maintained by the permittee.
(2)
All areas of the landfill site, including, but not
limited to, the landfill and all solid waste delivered to or disposed
in the landfill.
(3)
All equipment, vehicles, buildings or other improvements
and appurtenances located on the landfill site, including, but not
limited to, all vehicles entering or leaving the landfill site.
(4)
The Landfill Inspector shall have authority to order
the permittee to cease all operations at the landfill site and to
order the permittee to lock all entrances to the landfill site if
the Landfill Inspector has reasonable cause to believe that the landfill
site is or has been operated in violation of this article or any other
ordinance of the Township, the Pennsylvania Solid Waste Management
Act or the regulations or standards established by the Pennsylvania
DEP. The Landfill Inspector shall immediately notify the Board of
Commissioners of the action taken, and the Board of Commissioners
shall, within 10 days of the notification by the Landfill Inspector,
act to approve, amend or disapprove the action taken by the Landfill
Inspector. Failure by the Board of Commissioners to act within the
ten-day period shall be deemed to be a disapproval of the action taken
by the Landfill Inspector.
The Board of Commissioners shall from time to
time levy by resolution an operating fee based upon the amount of
solid waste disposed on the landfill site, which fee shall be used
to administer this article. The operating fee shall be established
by resolution of the Board of Commissioners. Said fees shall be collected
by the permittee from all persons delivering solid waste to the landfill
site and shall be submitted to the Board of Commissioners monthly.
[Amended 3-23-1995 by Ord. No. 192]
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article shall continue shall
be deemed a separate offense.
In addition to the remedies provided in § 198-14, any continued violations of this article which shall constitute a nuisance in fact or which shall, in the opinion of the Board of Commissioners, constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
[Amended 3-23-1995 by Ord. No. 192]
A.
Any permit granted by the Board of Commissioners under
the provisions of this article shall be revocable or subject to suspension,
at any time, upon the determination by the Township that the landfill
site:
(1)
Is or has been conducted in violation of this article
or any other ordinance of the Township, the Pennsylvania Solid Waste
Management Act or the regulations or standards of the Pennsylvania
DEP.
(2)
Is creating a public nuisance.
(3)
Is creating a potential hazard to the public health,
safety and welfare.
(4)
Adversely affects the environment.
B.
No person or entity shall operate any landfill during
revocation or suspension and, upon conviction thereof, shall be sentenced
to a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
A.
The licensed premises shall at all times be subject
to inspection by the Board of Commissioners and the Department or
their duly authorized officer for the propose of determining whether
the requirements of this article are being complied with. The license
shall be subject to suspension by the Board of Commissioners for failure
to comply with this article, and a license so suspended may be reinstated
by said Board of Commissioners for the balance of the year for which
it was issued upon compliance with the provisions of this article.
No person shall engage in a sanitary landfill or compost operation
in the Township during the time when the license therefor shall have
been suspended.
B.
The Board of Commissioners in its discretion may revoke
any outstanding license and refuse the issuance of a license to any
person who shall be convicted three times within a period of five
years for violation of any of the provisions of this article.
C.
The Board of Commissioners may refuse to renew the
license of any person who fails to operate and maintain the sanitary
landfill or compost operation in accordance with Township regulations
or in accordance with the plans and specifications under which the
license was issued.
All landfills or operators thereof shall maintain
liability insurance in minimum amounts of $5,000,000 each individual
and $10,000,000 each incident for any harm, damage or injury befalling
anyone as a result of the existence and/or operation of said sanitary
landfill. A disaster policy shall be obtained in the amount of at
least $30,000,000, which policy shall provide for environmental restoration
in the event of sudden and accidental or gradual pollution caused
by discharge, dispersal, release or escape of pollutants. All policies
required by this article shall have a minimum cancellation period
of not less than 30 days after receipt in writing of the notice of
cancellation by the Board of Commissioners. All policies required
by this article shall be maintained by the permit holder throughout
the entire period of the landfill operations.
