[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Providence as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 117.
[Adopted 10-20-2011 by Ord. No. 601]
A.
The Moyer's Landfill Superfund Site is a sixty-five-acre inactive
privately owned landfill located at Moyer Road in Lower Providence
Township, Montgomery, Pennsylvania, bounded on the north and west
by Evansburg State Park, on the east by a single original home and
a housing development (Valley High Estates) and on the south by the
Valley High Estates Development, together with undeveloped land, consisting
of Tax Parcel Number 430009451001 (hereinafter referred to as "Moyer's
Landfill"). The landfill operated until early 1981 at which time an
order from the Pennsylvania Department of Environmental Resources
(PADER), now Pennsylvania Department of Environmental Protection (PADEP),
closed the facility. Moyer's Landfill became a Superfund Site
when it was listed on the National Priorities List on September 8,
1983.
B.
EPA conducted remedial actions at the site pursuant to a 1985 ROD
and a 2000 ESD. The remedy implemented at the Moyer's Landfill
by EPA consisted of the following: construction of a RCRA cap; gas
venting and gas monitoring; surface water collection and discharging
to Skippack Creek; security/fencing measures; operation and maintenance
consisting of groundwater and surface water monitoring and maintenance
of the cap; and, pursuant to the 2000 ESD, construction of a leachate
collection and conveyance system for conveyance of leachate to an
existing publicly owned treatment works (POTW). Pursuant to a second
ESD issued by EPA in September 2009, EPA determined that certain institutional
controls are necessary at Moyer's Landfill for the protection
of the integrity of the remedial measures at the site to ensure long-term
protection of human health and the environment.
Unless the context clearly indicates otherwise, the meanings
of the following terms and phrases used in this article shall be as
follows:
The person, custodian, guardian, trustee, caretaker, executor
administrator in whose name the deed for the property, or any portion
thereof, is titled.
Any individual, partnership, company, corporation, association,
corporate political body, joint ownership or any other entity.
The real property located within the footprint of Moyer's
Landfill, as more specifically described in Figure 1 attached hereto.[1]
[1]
Editor's Note: Figure 1 is on file in the Township offices.
It shall be unlawful for any owner, lessor, lessee or occupier
of the property, or any other person to engage in any activities on
the property that would in any manner disturb or interfere with the
environmental remedial systems at the property, including, without
limitation, the landfill cap, gas vents, monitoring wells, leachate
collection and conveyance system, and security measures, such as fencing,
that prevent access to the property. The prohibited activities include,
but are not limited to the following:
A.
Digging in or disturbance of the landfill cap, tampering with hardware
or equipment associated with the gas vents, monitoring wells, leachate
collection and conveyance systems or the security fencing.
B.
Any use of leachate generated at the property, including, without
limitation, any activities that could cause exposure to contaminants
in the leachate via ingestion, vapor inhalation or dermal contact.
C.
Digging in or disturbance of the landfill cap, including, without
limitation, any activities that could result in contact with contaminants
in the soils at the property through ingestion, inhalation or dermal
contact.
In addition to any other remedy available under law or in equity,
any person convicted of a violation of this article shall be subject
to a criminal fine in an amount not to exceed $1,000 per day per violation
or suffer imprisonment for a period of not more than 30 days, or both,
together with costs of prosecution. Each twenty-four-hour period during
which a violation continues shall constitute a separate offense. Enforcement
of this article shall be brought by action filed with a district justice
in the same manner provided for enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney. All fines and penalties collected for violation of this
article shall be paid over to the Township Treasury. Nothing in this
section shall prohibit the Township from enforcing the provisions
of this article by any other remedy available at law or in equity.
The remedies provided herein shall be cumulative and concurrent and
shall be in addition to any other remedies available to the Township
at law or in equity.
