[Adopted 6-24-1985 by Ord. No. 389]
This article may be cited as the "Township of
South Whitehall Solid Waste Management Ordinance of 1985."
The purposes of this article are:
For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them in this article, except
in those instances where the context clearly indicates a different
meaning.
Any cartway or roadway available to the public which provides
access between a publicly-owned roadway and the entrance to a site
facility.
The incineration, injection, deposition, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constitute of the solid waste enters
environment, is emitted into the air, or is discharged to the waters.
A solid waste as defined in this article, or any combination
of solid wastes, sludge from an industrial or other wastewater treatment
plant, sludge from a water supply treatment plant or air pollution
control facility or other discarded material, which because of its
quantity, quality, concentration or physical, chemical or infectious
characteristics may cause or significantly contribute to an increase
in mortality in either an individual or the total population, or an
increase in serious irreversible or incapacitating reversible illness;
or pose a substantial present or future threat or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
The entire process or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of solid waste
by any person engaging in such process.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid or 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 hereunder from a municipal, commercial or institutional water
supply treatment plant, waste water treatment plant or air pollution
control facility.
Any individual corporation, association, partnership, trust,
firm, joint stock company, organization, institution, cooperative
enterprise, commission, municipal authority, governmental body or
agency, or any other legal entity which is recognized by law as the
subject of rights and duties. In a provision of this article prescribing
a fine, imprisonment or penalty, or any combination of the foregoing,
the term "person" shall include officers and directors of a corporation
or other legal entity having officers and directors.
Technology, methods or means used for the purpose of reducing
the volume or bulk of solid waste materials, or to convert part or
all of such waste materials for on-site or off-site refuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, incinerators, recycling facilities and resource recovery
facilities.
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, waste water treatment facility or air pollution
control facility provided that it is not hazardous.
A land site designed to meet the requirements of the Commonwealth
of Pennsylvania, Department of Environmental Protection and on which
generally accepted engineering principles are utilized to bury deposits
of solid waste without creating public health or safety hazards, nuisances,
pollution or environmental degradation.[1]
A line across the front, side or rear of any private or public
property, the building, fence or other obstruction in the area between
such lines and the property line, except as otherwise provided in
this article.
All land, structures and other appurtenances or improvements
on a property where solid waste is stored, stored for transfer, treated,
processed or disposed; excluding, however, land upon which nonhazardous
sewage sludge from the Allentown waste water treatment plant is applied
for agricultural purposes.
Garbage, refuse and other discarded materials including,
but not limited to, solid semisolid, liquid and contained gaseous
waste materials resulting from municipal, industrial, mining, institutional,
commercial, agricultural, community or residential activities.
The containment of waste on a temporary basis in such a manner
as not to constitute disposal of such waste. It shall be presumed
that the containment of waste in excess of one month constitutes disposal
rather than storage, unless such waste is in the form of clear glass,
metal, paper or other sorted recyclables approved by the Township,
which can be contained for periods not to exceed three months. This
presumption can be overcome by clear and convincing evidence to the
contrary.
Refers to the Township of South Whitehall, Lehigh County,
Pennsylvania.
A method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any waste so as to neutralize such waste or so as
to render such waste nonhazardous, suitable for recovery, suitable
for storage or reduced in volume. The term includes activity or processing
designed to change the physical form or chemical composition of waste
so as to render it neutral or nonhazardous.
A.
General. It shall be the duty of every owner of property
and every person occupying any dwelling unit, premised or place of
business within the Township where solid waste is produced and is
accumulated, by his own expense and cost to provide and keep at all
times, a sufficient number of containers to hold all municipal waste
which may accumulate during the intervals between collection of such
solid waste by an authorized collector.
B.
Storage on residential properties.
(1)
Containers. All solid waste accumulated by owners
of each property and/or the occupants of residential properties shall
be placed in containers or containerized in a manner suitable for
collection by an authorized collector. The containers shall be durable,
water tight and made of metal or plastic. The size of each such container
shall not exceed a 96 gallon capacity.[1]
(2)
Location of containers. Each solid waste container
shall be located so as to be accessible to the collector at ground
level and at a point on the curb line of the street, or within no
more than 10 feet of the public street or alley right-of-way from
which collection from a vehicle can be made. Failure to place containers
at such locations may result in discontinuance of services.
C.
Storage on commercial, institutional and industrial
properties.
(1)
Containers. Storage of solid waste on commercial,
institutional and industrial properties shall be done in the same
type of containers as are required for residential properties except
where the accumulation for each commercial, institutional or industrial
property arrangements with the authorized collector for the containing
of such additional quantities. Such special arrangements shall include
the following:
(a)
The type of special bulk container to be furnished
by the collector and as may be approved by the Township.
(b)
The number of such containers as shall be agreed
to between the collector and such owner or occupant of the commercial,
institutional or industrial property to be used in any collection
period.
(2)
Location of containers. Containers for collection
at commercial, institutional and industrial properties shall be appropriately
screened, shall not be visible off-site and shall be located on such
premises at place agreed upon by such owner or occupant of the commercial,
institutional and industrial property and the authorized collector
and the location thereof shall be subject to the approval of the Township.
Such locations shall not interfere with public or private sidewalks,
walkways, driveways, roads, streets, highways or entrances and exits
of public or private buildings.
A.
It shall be unlawful for any person, other than such
persons as are duly authorized by the Township, to collect and transport
solid waste of any nature as a regular hauling business within or
from the Township. Authorization shall be given only as set forth
below.
B.
Authorization to collect, transport and dispose of
solid waste may be given only by the Township through the issuance
of a license. All applications for licensing shall be reviewed by
the Township Manager or his designee and shall be approved in accordance
with the following:
(1)
Solid waste collection licenses may be issued to only
those persons who can provide satisfactory evidence that they are
capable of providing the necessary services and can comply with the
provisions and intent of this article. The Township reserves the right
to disapprove any application for license.
(2)
Applicants for a solid waste collection license must
furnish the following information:
(a)
The number of vehicles, the make, model, license
plate number and size of the vehicle to be used for collection and
transportation within the Township.
(b)
The location, address and telephone number of
the business office of the applicant.
(c)
A certificate of the applicant's Workmen's Compensation
insurance as required by law.
(d)
A certificate of insurance coverage providing
complete third party comprehensive, bodily injury and property damage,
liability insurance, the limits of which shall not be less than $500,000/$1,000,000
for bodily injury and $100,000 for property damage.
(e)
Any other information which the Township may
reasonably request and deem necessary prior to the issuance of a license.
(3)
Licenses shall be issued on a calendar year basis,
but may be revoked at any time by the Township for just cause.
(4)
Fees for licenses shall be set by the Township Board
of Commissioners.
(5)
All licensed collectors shall be provided with plates
by the Township which shall be visible, affixed to each side of each
collection vehicle. If a collection vehicle bearing Township plates
is subsequently sold, transferred, leased, assigned, removed from
service or no longer utilized for collection purposes, such Township
plates shall be removed and returned by the licensed collector to
the Township with five disposition of said collection vehicle.
A.
Any person transporting solid waste within the Township
shall prevent and remedy and spillage from vehicles or containers
used in the transport of such solid waste.
B.
It shall be unlawful to transport solid waste in the
Township except in a vehicle, the body of which is entirely closed
or in which all openings are covered by a tarpaulin or similar covering
securely fastened.
A.
All municipal waste produced, collected and transported
from within the jurisdiction limits of the Township shall be, to the
extent permitted by law, disposed of at disposal facilities designated
by the Township and in accordance with any currently effective solid
waste management plan of the Township; the Township reserves the right
to designate a state permitted facility of its choice or require that
disposal be at a state permitted facility of the authorized collector's
choice.
B.
If the Township designates the disposal facilities
as provided for above, all authorized collectors and other interested
persons shall be informed by the Township of the location and other
information pertaining to the designated disposal facilities to be
used for the disposal of solid waste collected, transported, removed
and disposed of from within the Township.
B.
Nothing contained herein shall prohibit a farmer from
carrying out the normal activities of his farming operation, including
composting and spreading of manure, other form produced agricultural
wastes, or nonhazardous sewage sludge from the Allentown waste water
treatment plant pursuant to the express approval of the Commonwealth
Department of Environmental Protection.[1]
C.
Nothing contained in §§ 288-4 through 288-7, above, shall be deemed to require an individual who occupies a residential dwelling unit and is not engaged in the business of collecting municipal waste to obtain a license for purposes of collecting, transporting, or disposing of solid waste for himself.
A.
No person shall establish, construct, substantially
alter, own, operate or maintain any solid waste treatment, processing
or disposal site or facility without first obtaining a permit for
such site or facility in compliance with the provisions of this article.
B.
The Township Manager of his or her designate is authorized
to issue permits in accordance with the terms hereof, and with the
approval of the Board of Commissioners, to suspend, revoke or deny
permits to achieve the purposed of this article. Any permit granted
under this article shall be valid for a period of one year after first
date of issuance and each permit must be renewed annually before the
expiration date set forth on the permit. The Township Manager shall
establish the appropriate fee to cover the costs associated with issuance
of a permit or permit renewal, which fee shall be paid immediately
upon issuance or renewal of the permit.
C.
Permits issued under this article are not transferable
or assignable under any circumstances.
A.
Applicants for a permit under this article shall file
with the Township Manager a written sworn application in the form
approved by the Township prior to the construction, operation, establishment
or maintenance of any solid waste treatment, processing or disposal
site or facility.
B.
After submission of the application, together with
all plans, specifications and supporting data required to be furnished
with said application, the Township shall have up to six months within
which to review the application and its supporting data, to hold one
or more public hearings regarding the proposed solid waste site or
facility, and to either grant or deny the permit. When the Township
has determined that the application and its supporting data is complete
and that the proposed site or facility meets the requirements of this
article and the rules and regulations promulgated thereunder, a permit
will be granted to the applicant. Applicants shall have the right
to submit a new application for a permit no sooner than 12 months
after the denial of any previously filed application.
C.
Design and construction plans, maps, specifications
and such other supporting information and data as required by the
Township, together with a written plan of operation delineating procedures
to be carried out for the daily operations, types of wastes to be
accepted, and procedures for handling wastes in the event of emergencies
or shut downs, shall be submitted with any application for a permit.
In the written plan of operation, in addition to the aforesaid information
required to be furnished, the applicant shall include a narrative
explaining:
(1)
The proposed daily operation methodology of the proposed
site or facility.
(2)
The nature of the solid wastes, by source and type
of material, that will be accepted at the site or facility.
(3)
The expected life of the facility and the proposed
ultimate disposition of the site or facility.
(4)
The anticipated environmental effects of the facility
on the physical characteristics of the site and the adjacent properties.
(5)
A description of the technology underlying the operational
methodology, together with a comprehensive history of the use of the
technology, its effectiveness and its potential long term impact.
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Every solid waste recycling facility, energy
resource recovery facility, incinerator or other facility having or
generating residues, residual wastes or other wastes as a result of
the conduct or operation of such facility, shall submit evidence of
effective and binding contractual agreements with the Department of
Environmental Protection permitted sites for the proper disposal of
any such wastes where the wastes will not or cannot be stored or disposed
of on site.[1]
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D.
Information on topographic maps shall also accompany
an application for a permit, which maps shall include, as a minimum,
the following information as it pertains to the subject tract (and
the area within one mile of the proposed site or facility property
lines in the event that the application is for a permit to operate
a landfill):
(1)
The location of public and private water lines, supplies,
wells, springs, streams, swamps, rivers and other bodies of water,
and public and private sewer lines and septic systems.
(2)
The location of underground and surface mines showing
the extent of deep mine workings, elevation of the mine pool and location
of mine pool discharges.
(3)
The location of gas and oil wells.
(4)
The location of high-tension power line rights-of-way.
(5)
The location of pipeline right-of-way.
(6)
The location of geologic and hydrologic features.
(7)
The floodplain and location of the site or facility
within that floodplain, water runoff from the floodplain, and stormwater
runoffs.
(8)
The location of public and private recreational areas.
(9)
A soils, geologic and groundwater report of the characteristics
of the area where the proposed site or facility will be located.
Before any permit as herein provided shall be
issued to any applicant, such applicant shall file with the Township
Manager an instrument nominating and appointing to the Township Secretary
of the person performing the duties of such position, his true and
lawful agent with full power and authority to acknowledge service
of notice of process for and on behalf of said applicant in respect
to any matters connected with or rising out of the business of activities
transacted under the said permit, and waiving all claim or right or
error by reasons of such acknowledgment or service or manner of service.
Immediately upon service of process upon the Township Secretary, as
herein provided, the Township Secretary shall send to the permittee
at his last address by registered mail, a copy of said process.
The Board of Commissioners may, after the review
and submission of a recommendation by the Township of South Whitehall
Environmental Advisory Council, grant a variance upon a showing that
compliance with the requirements of this article, or any rules or
regulations promulgated pursuant thereto, would not endanger the public
health, safety and welfare, and that the best interest of the residents
of the Township would be served by granting the variance. The grant
or denial of a variance shall be made by the Board of Commissioners
after a public hearing or hearings held on any such requested variance.
Owners of real property situated within 300 feet of the proposed site
or facility shall be sent a notice of the hearing not less than 10
days prior to the scheduled hearing date.
A.
After the effective date of this article, the Township
Manager may promulgate and thereafter revise, as appropriate, rules
and regulations necessary to carry out the purposes and provisions
of this article including, but not limited to, rules and regulations
regarding the following aspects of proper solid waste materials management:
(1)
The criteria for determining the qualities and characteristics
of materials that constitute solid wastes.
(2)
The operational methodology of the site or facility,
and the on-site handling including the separation, combination and
containment of solid waste materials.
(3)
Procedures and requirements for the use of a manifest
or form which identifies the quantity, characteristic, composition,
type and origin of solid waste materials received and accepted by
the site or facility.
B.
Notice of the promulgation of any rules and regulations
pursuant to this article shall be published once in a newspaper of
general circulation and once in a legal journal for the community,
available for public inspection at the Township Municipal Building.
The public shall be afforded an opportunity to comment on the proposed
rules and regulations prior to their enactment for up to 30 days after
the publication of said notice.
C.
Any rules and regulations referred to in this section
shall be approved by the Board of Commissioners of the Township of
South Whitehall by appropriate resolution.
A.
The disposal of sewage liquids, sewage semisolids
and sewage solids, and disposal of hazardous wastes shall be prohibited
at any solid waste treatment, processing or disposal site or facility
covered by this article. Any violation of this section whatsoever
shall result in the immediate revocation of all applicable municipal
permits and the issuance of a cease and desist order by the Township
Manager.
B.
The disposal of solid waste shall be prohibited in
areas where continuous or intermittent contact occurs between solid
waste and the ground water table. Ground water is defined herein as
water below the land surface in a zone of saturation. Nothing herein
stated, however, shall preclude the proper application of nonhazardous
sewage sludge from the Allentown waste water treatment plant to agricultural
land for agricultural purposes if such application is approved by
the Commonwealth Department of Environmental Protection.[1]
C.
All solid waste storage, treatment, processing, or
disposal sites or facilities shall be operated and maintained in such
manner as to prevent health hazards and environmental degradation.
D.
The storage, treatment, processing or disposal of
solid wastes shall be practiced so as to prevent the attraction, harborage
or breeding of insects or rodents, and to eliminate conditions which
are harmful to the public health or which create safety hazards, odors,
dust, unsightliness, and public nuisances. Specifically, but not by
way of limitation, solid waste to be incinerated shall be stored in
the same structure in which incineration shall occur.
E.
The proposed operation shall not create a nuisance
(e.g., excessive noise, odor, rodent or insect infestation, or effects
similar in nature), impose a hardship on adjoining property owners
or result in an undue burden upon the Township, its municipal services
and infrastructure.
F.
No site or facility operator shall permit solid waste
to be stored for processing in excess of 10 days. The time limitation
of this subsection shall not be deemed applicable to the storage of
clean recyclables approved as to content by the Township, which may
be stored for periods not to exceed three months.
G.
All equipment shall be stored inside totally enclosed
buildings during those hours when the landfill, solid waste site or
facility is not in operation.
H.
Bonding and liability insurance in amounts and forms
acceptable to the Township must be maintained by the landfill, solid
waste site or facility operator to compensate private property owners
and the Township for well contamination, property damage, etc.
I.
Any person, whether as principal or agent, employer
or employee, who violates, by any act of commission or omission, or
in any manner is a party to, or directly or indirectly aids or permits
a violation of any of the provisions of this article shall be cited
and subject to fines and penalties as hereinafter set forth.
A.
A minimum fifty-yard buffer zone shall be established
upon which no solid wastes shall be deposited adjacent to perimeter
property lines unless otherwise approved by the Board of Commissioners.
B.
Within said buffer zone, two parallel rows of six
foot high shrubbery, as approved by the Shade Tree Commission, set
three feet apart, as well as trees, shrubs and other suitable vegetation,
shall be planted and landscaping provided to fully obscure any view
of the site or facility from public roadways and adjacent public or
private properties, and to maintain, preserve and enhance the environmental
integrity of the surrounding area. Buffer shrubbery shall be set back
not less than 25 feet from all property lines, and shall be properly
maintained at all times that the site of facility is in operation.
C.
All solid waste treatment, processing or disposal
sites or facilities shall be completely enclosed by chain-link fencing,
or such other durable fencing as approved by the Township, which fencing
shall be no less than six feet in height, but which shall not exceed
the maximum height limitation of eight feet. All fencing shall be
set back at least 15 yards from the property line.
D.
The buffering and fencing requirements of this section
shall be deemed inapplicable to facilities utilized solely for the
storage and transfer of clean recyclables approved by the Township.
A.
Access roads to the entrance of a solid waste treatment,
processing, or disposal site or facility shall be paved with asphalt,
curbed and provided with a base capable of withstanding anticipated
load limits. Two-way traffic access roads shall have a minimum cartway
width of 36 feet, or a single cartway each of 18 feet. For one-way
traffic, separate access roads with a minimum cartway width of 16
feet shall be available.
B.
Any cartway from a site or facility entrance into
the dumping or unloading areas, working faces or treatment facility
located within the property boundaries of the site or facility shall
be constructed in a manner which will be negotiable by loaded collection
vehicles and provide utilization by such vehicles in all weather conditions.
A.
Access to the site or facility shall be limited to
normal operating hours. Attendants shall be present at the site during
all operating hours.
B.
A gate or barrier as approved by the Township at the
entrance to the site or facility shall be erected to block access
to the site or facility during times when an attendant is not on duty.
C.
Normal operating hours for all solid waste sites and
facilities (except for incinerator facilities) and normal delivery
hours for solid waste sites or facilities during weekdays shall be
from 7:30 a.m. to 4:30 p.m., and on weekends from 7:00 a.m. to noon
on Saturdays. No deliveries shall be permitted at any other time.
Additionally, the site or facility shall be closed on the following
holidays:
D.
Hours of operation and other limitations regarding
access to the site or facility shall be prominently displayed on a
sign at the entrance. The sign shall have a minimum size of three
feet by four feet and a maximum size of 20 feet.
E.
Access by collection vehicles shall be limited to
those bearing identification stickers issued by the Township. Such
stickers shall be plainly visible on all collection vehicles admitted
to the facility. Access by unauthorized vehicles or persons shall
be prohibited.
F.
Operators shall upon request provide access keys to
the facility for emergency personnel.
B.
Necessary measures shall be taken to prevent and extinguish
fires. Water of adequate volume and pressure, as determined by the
Township Engineer, 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 and all employees shall be trained in the use of such
equipment. At least three functional self-contained breathing apparatus
with an air supply of 30 minutes per unit shall be housed at the landfill,
solid waste site or facility. All employees shall, prior to commencing
work at the landfill, solid waste site or facility, undergo an annual
training program, in cooperation with local fire departments, designed
to teach basic fire fighting techniques.
C.
All landfilling operations shall be terminated in
the event of fire and shall not be resumed until the operator has
obtained the written consent of the Township Manager.
D.
Telephone or radio communication shall be located
at the site or facility, and shall be readily available or accessible.
Furthermore, a list of all emergency numbers shall be provided for
the plant operators. The Township shall be provided with information
noting the names, addresses and phone numbers of the appropriate plant
officials to be contacted in case of an emergency.
E.
All sites or facilities shall have on-site during
all operating hours at least one person certified in First Aid Cardiopulmonary
Resuscitation by the American Red Cross, or the equivalent.
F.
Employee facilities shall be provided which assure
employees adequate heated shelter from the elements, safe drinking
water, sanitary hand washing and toilet facilities.
A.
Portable fencing constructed of wire mesh, snow fencing
or other suitable material shall be used to control blowing litter.
B.
Litter control fences of not less than four feet in
height shall be located in the immediate operating area or working
face of any sanitary landfill or similar solid waste site or facility
and on the leeward side thereof. The nature of the solid waste, or
excessive winds may require additional litter control measures, which
shall be provided.
C.
The entire solid waste site or facility shall be adequately
policed and litter shall be collected daily from fences, roadways
and any trees or live barriers.
D.
Provisions shall be made to prevent dust from interrupting,
hampering or preventing operations at the site or facility and from
causing health or safety hazards or public nuisances.
E.
An equipment cleaning area shall be provided on the
landfill site at a location approved by the Township Manager. 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 Township Engineer.
F.
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 Department of Environmental
Protection landfill management regulations.[1]
G.
Vehicles utilizing the facility shall take appropriate
measures to guarantee that all waste materials shall remain within
the transportation vehicles during the trip to the facility. This
shall include transportation vehicles during the trip to the facility.
The shall include solid, semisolid and liquid wastes. Any open bodied
vehicles shall be provided with a suitable cover which shall remain
in place during transportation to and from the landfill site. Any
transporting vehicles shall travel only those routes designated by
the Township Manager.
H.
The above provision regarding routing limitations
shall not apply to private haulers who have a current South Whitehall
Township license for collection of garbage, ashes and refuse, and
who are in the process of traveling to or from established accounts
that they are servicing in the Township.
A.
The planned facility will be subject to all applicable
rules and regulations established by both the United States Environmental
Protection Agency and the Commonwealth of Pennsylvania to define ambient
air quality standards and to limit pollutant emissions to maintain
those standards. The facility must comply with such standards and
regulations including, but not limited to, the following:
(1)
The National Ambient Air Quality Standards promulgated
by the United States Environmental Protection Agency (hereinafter
"EPA"), pursuant to the provisions of the Federal Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq. (hereinafter "Federal
Acts"), specifically § 7409 and found in 40 CFR Part 52;
and the Ambient Air Quality Standards promulgated pursuant to the
Pennsylvania Air Pollution Control Act, 1960, Jan. 8, P.L. (1959)
2119, § 1, 35 P.S. § 4601 et seq. (hereinafter
"PA Act"), and found in 25 Pa. Code § 131.1 et seq.
(2)
Prevention of Significant Deterioration of Air Quality
Standards promulgated by EPA pursuant to the Federal Act, specifically
§ 7470 et seq., found in 40 CFR Part 52; and Prevention
of Significant Deterioration of Air Quality Standards promulgated
pursuant to the PA Act and found at 25 Pa. Code § 127.81,
et seq.
(3)
National Emission Standards for Hazardous Air Pollutants
promulgated by EPA pursuant to the provisions of the Federal Act,
specifically § 7412 et seq.; and Emissions Standards for
Hazardous Air Pollutants promulgated pursuant to the PA Act and found
at 25 Pa. Code § 124.1 et seq.
(4)
Nonattainment Area Regulations promulgated by EPA
pursuant to the provisions of the Federal Act, specifically § 7501
et seq.; and Nonattainment Area Regulations promulgated pursuant to
the PA Act and found in 25 Pa. Code § 127.61 et seq.
(5)
New source performance standards promulgated by EPA
pursuant to the provisions of the Federal Act, specifically § 7411;
and New Source Performance Standards promulgated pursuant to the PA
Act and found at 25 Pa. Code § 127.1 et seq.
(6)
New Source Review Requirements promulgated by EPA
pursuant to the provisions of the Federal Act, specifically § 7413;
and New Source Standards promulgated pursuant to the PA Act and found
at 25 Pa. Code § 123.1 et seq.
B.
The planned facility (irrespective of whether or not
compliance is mandated under applicable federal or state regulations
by virtue of the size of the facility) shall satisfy and be in conformity
with all established federal and state ambient air quality standards.
A.
The planned site or facility shall be subject to all
applicable rules and regulations established by both the United States
Environmental Protection Agency and the Commonwealth of Pennsylvania
Department of Environmental Protection relating to the protection
of clean waters, water pollution control and the discharge of any
solid wastes or other wastes into the waters of the Commonwealth of
Pennsylvania pursuant to the Federal Water Pollution Control Act,
Act of October 18, 1972, P.L. 92-500, § 2, as amended, 35
P.S. § 691.1 et seq. "Waters of the Commonwealth" shall
be construed to include any and all rivers, streams, creeks, rivulets,
impoundments, ditches, water courses, storm sewers, lakes, dammed
water, ponds, springs and all other bodies or channels for conveyance
of surface and underground water, or parts thereof, whether natural
or artificial, within or on the boundaries of this Commonwealth.
B.
No person shall place or permit to be placed, or discharge
or permit to be discharged, or permit to flow into the waters of the
Commonwealth any solid wastes or other wastes in any manner, directly
or indirectly, unless such discharge is expressly authorized and a
permit has first been obtained by such person from the Commonwealth
of Pennsylvania Department of Environmental Protection and the United
States Environmental Protection Agency, or other appropriate governmental
agency concerning such discharge.
A.
Working face. The unloading of solid wastes shall
be controlled and restricted to the working face of the sanitary landfill.
The size of the working face shall be confined to an area no greater
than can be easily compacted and covered daily.
C.
Cover.
(1)
Daily cover. A uniform six inch compacted layer of
daily cover material shall be placed on all exposed solid waste by
the end of each working day.
(2)
Intermediate cover. A layer of intermediate cover
material, compacted to a minimum uniform depth of one foot, shall
be placed on completed portions or areas within the solid waste site
or facility where there is a clear intention to dispose or store additional
solid waste materials within one year. When additional waste is not
deposited within one year, additional cover and vegetation shall be
provided as required for final cover.
(3)
Final cover. Completed portions of a disposal or storage
area within the solid waste site or facility where there is no intention
of placing any additional solid waste materials at any time shall
be covered with three feet of suitable soil and graded within two
weeks of completion. Seed bed preparation and planting operations
to promote stabilization of the final soil cover shall be completed
as soon as weather permits and seasonal conditions are suitable for
the establishment of a vegetative cover suitable to prevent erosion.
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Soils to be used as daily, intermediate and
final cover material shall be soils that fall within the United States
Department of Agricultural ("USDA") textural classes of sandy loam,
loam, sandy clay loam, silty clay loam, loamy sand and silt loam.
For final cover, the soil must compact well, not crack excessively
when dry and support a vegetative cover. Final cover shall not exceed
the height of the original contour of the land upon which the facility
is situated.
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D.
Drawing of surface water.
(1)
Diversion channels of adequate size and grade based
on runoff estimates from above the fill shall be provided.
(2)
The surface of the fill shall be smooth and graded
to a minimum slope of one to 100.
(3)
Maximum slope of the sides or tops of the completed
fill shall be no greater than one to two; the slope shall be adequately
protected against erosion; and, the bottom of the slope shall be protected
against raveling and shall be so constructed as to provide either
surface or subsurface to prevent ponding.
(4)
The operator shall make weekly inspections for standing
water on the site and on the access road, and all accumulations shall
be eliminated promptly.
E.
Completion of landfill.
(1)
A representative of the State Department of Environmental
Protection and/or the Township shall be required to inspect and accept
the landfill project as completed before the earthmoving equipment
is removed from the site.[1]
(2)
Arrangements shall be made so that the entire surface
of the final cover is inspected monthly for one year and all cracked,
corroded and uneven areas repaired.
(3)
A plot plan of the completed landfill and other operational
records shall be filed with the Lehigh County Recorder of Deeds.
A.
Salvage operations shall be conducted in accordance
with a definite plan approved by the Township, and in a sanitary and
orderly manner.
B.
All salvage materials shall be removed from the site
or facility on a daily basis. Any stockpiling of salvage materials
at the site or facility, or upon premises adjacent thereto, is prohibited.
C.
The provisions of this section shall not be deemed
to preclude the storage and collection of clean recyclables approved
as to content by the Township.
A.
The Township Manager may immediately suspend a permit issued in accordance with § 288-9 or this section if a permittee, or any of the agents, servants and/or employees of such permittee are in violation of this article or any of the rules and regulations promulgated pursuant thereto. Written notice of the suspension, the nature of the violation and the means to cure or correct said violation, shall be served upon the permittee, or his or her agent. If the violation is not cured or corrected within 10 days after receipt of the notice of suspension, or if no appeal is filed by the permittee within said 10 day time period, the suspension shall become final and the permit shall be deemed revoked. During any appeal period, substantial progress toward correcting any violations shall be made daily by the appellant. Citations shall be issued daily if progress is not deemed "substantial" by the Township Engineer.
B.
Where there is a history of repeated violations and/or
a permit has been previously suspended, the Township Manager may revoke
a permit upon a showing of any subsequent violation, and upon providing
the affected party or his or her designated agent with written notice
of the intent to revoke the permit and with an opportunity for a hearing
before the Township Environmental Advisory Council prior to revocation.
The revocation shall take effect five days after the notice has been
given unless 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, reapplication must occur within
45 days of permit revocation. 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 Township Manager may grant a new permit upon
such person's payment of the applicable fee for said permit.
A.
Inspections. The Township Manager, or his or her designate,
the Board of Commissioners, any Township fire official, law enforcement
officer or building, housing or zoning official or inspector or representative
of the Township of South Whitehall Authority shall have the authority
to inspect all solid waste storage, treatment, processing or disposal
sites or facilities, and all structures or buildings situated thereon,
as often as may be necessary for the purpose of ascertaining or causing
to be corrected any condition which may be a violation of this article
or any rule or regulation promulgated thereunder.
B.
Right of entry.
(1)
Whenever necessary for the purpose of enforcing this
article or any rule or regulation promulgated pursuant to this article,
or whenever the Township Manager or his or her designate, or any Township
fire official, law enforcement officer, building, housing or zoning
official or inspector has reasonable cause to believe that there exists
at any solid waste storage, treatment, processing or disposal site
or facility any condition which constitutes a violation of this article,
or any rule or regulation promulgated pursuant to this article, said
officials shall have the right to enter, without delay, said site
or facility and any structure situated hereon, at all reasonable times
and in a reasonable manner:
(a)
To inspect said site or facility and any equipment
used thereon and obtain samples of any materials or substances stored,
treated, processed or disposed of at such site or facility.
(b)
To inspect and copy the records, reports, information
or test results relating to the purposes of this article. Each such
inspection shall be commenced and completed with reasonable promptness.
(c)
To perform any duty imposed by law upon any
or said respective officials.
(2)
If such entry is refused, the official seeking entry
shall have recourse to every remedy at law or equity to secure entry.
[Amended 2-7-1989 by Ord. No. 449]
A.
Whenever the Township Manager, or his or her designate,
has a reason to believe that there has been a violation of this article
or any of the rules and regulations promulgated pursuant thereto,
the Township Manager of his or her designate may, in lieu of or in
addition to any other enforcement procedure, give written notice of
such alleged violation to the person or persons responsible therefor
and order such persons to take such corrective measures as are deemed
reasonable and necessary to cure the violation. This notice shall
state the nature of the violation and shall allow a reasonable time
for the performance of the necessary corrective measures. If a person
falls to comply with this notice within the time period stated in
the notice, the Township Manager, or his or her designate, shall institute
such actions as may be necessary to terminate or remedy the violation.
B.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.[1]
Notwithstanding any of the other provisions
of this article, if the Township Manager finds that any person is
operating a solid waste storage, treatment, processing, or disposal
site or facility in violation of this article, or any of the rules
and regulations promulgated thereunder, of if any person is operating
such site or facility in an illegal, unsafe or otherwise improper
manner so as to endanger the public health, safety or welfare, the
Township Manager may order such person to immediately discontinue
the act. Upon failure to comply with such order, the Township Manager
may request the Township Solicitor to commence appropriate civil action
in a court of competent jurisdiction to secure a temporary restraining
order, a preliminary injunction, a permanent injunction or other immediate
abatement of same, with the costs of such abatement to be borne and
assessed against the operator of the site or facility in accordance
with law.
To the extent that the requirements hereof differ
from those established or to be established by state law, by regulation
of the Commonwealth of Pennsylvania Department of Environmental Protection,
or by any other commonwealth agency, both the commonwealth requirements
and the requirements of this article shall be deemed to be applicable,
it being the intent of this article to impose requirements more stringent
than those applied by the Commonwealth of Pennsylvania. Should the
requirements hereof be determined to be incompatible or conflict with
state law or regulations, the provisions hereof shall be deemed null
and void and to no effect only to the incompatibility or conflict.
