[Adopted 7-6-1987 by Ord. No. 167-A (Ch.
20, Part 3B, of the 1995 Code)]
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.
A setback between the active area of processing, treatment,
storage or disposal and the nearest property line and which is undeveloped
except for grass, trees and/or shrubs.
A facility of 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, treated, handled
or disposed.
Any cartway within the treatment site 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, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, but does not include solid or dissolved material in domestic
sewage or 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, and as further defined by the 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 the 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 the Pennsylvania
DEP regulations or as supported by competent evidence of that fact.
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., 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.
The uncontrolled and/or unauthorized removal of material
from a facility site.
Any waste, including, but not limited to, municipal, residual
or hazardous waste including solid, liquid, semisolid or contained
gaseous materials.
A facility for the transfer and packing of solid waste from
smaller collection vehicles to larger transport vehicles.
Tract of land upon which is located a cogeneration or solid
waste facility including all structures and other appurtenances or
improvements created thereon and includes solid waste resource recovery,
trash-to-steam (electric).
It shall be unlawful for any person or business
entity to use or continue to use land within the Township as a trash
to steam cogeneration, solid waste transfer, resource-recovery or
pyrolysis treatment facility 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
or municipal authority; provided, however, that a trash-to-steam cogeneration,
solid waste transfer, resource-recovery or pyrolysis treatment facility
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 for a permit 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 payable to the Township 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 § 198-23, 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 provide in § 198-23, 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.
B.
Renewal fees. Fees for renewal of permits and for
technical review charges incident thereto shall be in such amounts
as established, from time to time, by resolution of the Board of Commissioners.
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 the 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 Township of Lower Pottsgrove 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 Township of Lower Pottsgrove 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 treatment site.
(f)
Active areas within the site to include staging
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, maintenance and use of the real
estate in question.
(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(2) 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 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, treatment 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
site and the condition and proposed uses of said site upon termination
of operation, if applicable.
(9)
Access road survey shall include the following:
(10)
Statement of applicant's prior experience, if
any, in operating trash-to-steam cogeneration, solid waste transfer,
resource-recovery or pyrolysis treatment facility.
(11)
Environmental assessment statement.
(a)
The statement hall include the following:
[1]
A description of the proposed 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 facility and other facilities
shall be stated with adequate technical analysis.
[4]
The sources of data used to identify, quantify
or evaluate any and all of the environmental consequences must be
expressly noted.
[5]
The relationship of the proposed treatment site
to land use plans, policies and controls for the affected area, including
a statement as to how the proposed facility 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 facility 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
facility on local vehicular traffic.
[8]
Specific data relating to the impact of the
facility on local water supplies, streams and rivers.
[9]
Specific data relating to the impact of the
facility on natural and man-made local storm drainage facilities and
areas.
[10]
Specific data relating to the
impact of the facility 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
arts 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 treatment 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 facilities
and treatment sites:
(1)
The facility and treatment site 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
site 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 the daily operation of the proposed facility.
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 for the improvements to the access roads or by assessing dumping
fees on the operation of said facility 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 facility operation, if applicable,
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 treatment site
shall be covered and all access roads, as defined herein, to the facility
shall be patrolled daily by the permittee or his designees to pick
up and dispose of scattered and blowing papers or other refuse.
(3)
The treatment 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 treatment site no more than 75 feet downwind
from the immediate operating area. The treatment site shall be adequately
policed, and all litter shall be collected weekly and incorporated
into the facility process.
(4)
The facility 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 treatment 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 treatment site shall not be operated on
Sundays and holidays. At least three employees shall remain at the
treatment site during business hours.
(8)
The facility 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 facility shall be located a minimum of 200 feet
from any street not located within the treatment site and 200 feet
from any adjoining property line.
(10)
Maximum lot size shall be 75 acres.
(11)
The facility, as well as all improvements erected
on the treatment 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 facility shall not exceed current
existing DEP regulations. The final grading of the facility shall
be done in a manner so that the treatment site is left in a useful
condition in accordance with DEP regulations in effect at that time.
(13)
All equipment on the treatment site shall be
maintained in a clean and neat condition.
(14)
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 treatment
site.
(15)
Any materials salvaged from the site 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 facility. 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 daily placed within the building, provided that none is left
uncovered during the night or on weekends.
(16)
The facility shall contain an on-site scale, and all solid waste delivered to the treatment site shall be weighed or the size estimated and recorded pursuant to § 198-28.
(17)
A certified copy of all reports, data, plans
and other material or information required to be submitted to the
Board of Commissioners.
(18)
A tire cleaning area shall be provided on the
access road within the treatment site. All tires on all trucks leaving
the treatment 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.
(19)
An equipment cleaning area shall be provided
on the treatment site. All equipment used to handle, move, transport,
grade and compact solid waste in the facility 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.
(20)
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 treatment 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.
(21)
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.
(22)
The treatment site shall have at least one emergency
access entrance which shall be locked except when used during an emergency
situation. Permittee shall provide a key to this entrance to both
the Facility Inspector and the local fire departments.
(23)
Emission of unpleasant gases or odorous matter
shall not be permitted in such quantities as to be offensive outside
the boundaries of the treatment site. Similarly, the sound pressure
level of any operation within the treatment site shall not exceed
at any point of residential occupancy outside of the treatment site
boundary reasonable decibel levels for those locations.
(24)
Sanitary toilet facilities, as approved by the
Board of Commissioners, shall be constructed and made available for
use by persons on the treatment site.
(25)
The permittee shall prepare and update, when
needed, a detailed map of all haul roads within the facility. This
map shall be submitted to the local police and fire departments within
10 days of its completion or update.
(26)
Upon completion of each major phase of construction,
certification shall be provided by a professional engineer registered
in the Commonwealth of Pennsylvania indicating that the actual facility
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.
(27)
Standby equipment shall be on site, available
within 24 hours of equipment failure. In the event of equipment failure,
standby equipment shall be utilized.
(28)
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
of Lower Pottsgrove regulations as to signs.
Within 90 days of the receipt of an application for a permit by the Board of Commissioners, the Board 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 § 198-23.
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, handled, treated
and disposed by the treatment site.
B.
The weight of all solid waste accepted, handled, treated
and disposed by the treatment site.
C.
The number of trucks bringing solid waste to the treatment
site.
D.
The number of vehicles other than trucks bringing
solid waste to the treatment site.
E.
The type of solid waste accepted by the treatment
site.
F.
A complete record of all monies accepted by the facility
for solid waste brought to the treatment site.
G.
The name, home address and telephone number and license
plate number of the driver of each vehicle bringing solid waste to
the treatment site.
A.
The Board of Commissioners shall appoint or hire a
Facilities Inspector, who shall be required to regularly oversee and
inspect the facilities' operation, the treatment site and all vehicles
entering or leaving the treatment 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 facilities and treatment site.
B.
The permittee shall at all times allow the Facilities
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 treatment site, including, but not
limited to, the facility and all solid waste delivered to, treated,
handled or processed or disposed in the facility.
(3)
All equipment, vehicles, buildings or other improvements
and appurtenances located on the treatment site, including, but not
limited to, all vehicles entering or leaving the treatment site.
(4)
The Facility Inspector shall have authority to order
the permittee to cease all operations at the treatment site and to
order permittee to lock all entrances to the treatment site if the
Facility Inspector has reasonable cause to believe that the treatment
site is or has been operated in violation of this or any other ordinance
of the Township, the Pennsylvania Solid Waste Management Act or the
regulations or standards established by the Pennsylvania DEP. The
Facility 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 Facility Inspector, act to approve,
amend or disapprove the action taken by the Facility 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 Facility
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 treatment 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
from the permittee of the treatment 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 on which a violation of this article shall continue
shall be deemed a separate offense.
In addition to the remedies provided above,
any continued violation 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 Board that the facility
treatment site:
(1)
Is or has been conducted in violation of this 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 facility 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 said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day in which a violation of this article shall continue shall be deemed
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 purpose 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 similar 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 as set forth in § 198-28 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 his treatment
site in accordance with Township regulations or in accordance with
the plans and specifications under which this license was issued.
All treatment site permittees 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 facility. 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 operation of the facility.
