[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence as indicated in article histories. Amendments noted where applicable.]
Sewers — See Ch. 117.
Article I Moyer's Landfill Superfund Site Institutional Controls
[Adopted 10-20-2011 by Ord. No. 601]
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.
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.
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:
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.
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.
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.