[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 3-2-2004 by Ord. No. 579. Amendments noted where applicable.]
The name of this chapter shall be the "Borough Environmental
Policy Act."
This chapter is adopted and enacted pursuant to the authority
granted to the Borough of Tamaqua by all relevant state and federal
laws, including, but not limited to, the following:
A.
The general authority granted by the Constitution of Pennsylvania
and the Pennsylvania Borough Code to make and adopt all such ordinances,
bylaws, rules, and regulations as may be deemed expedient or necessary
for the proper management, care, and control of the Borough of Tamaqua
and its finances and the maintenance of the health, safety, peace,
good government, and welfare of the Borough of Tamaqua;
B.
The Constitution of Pennsylvania, Art. 1, Section 2, which provides
that all power is inherent in the people, and that all free governments
are founded on their authority and instituted for their peace, safety,
and happiness;
C.
The Constitution of Pennsylvania, Art. 1, Section 27, which
guarantees a clean and safe environment for the people of Pennsylvania;
and
D.
Pennsylvania Statutes, Title 53, Municipal and Quasi-Municipal Corporations,
Section 46202,[1] which authorizes the Borough of Tamaqua to enact ordinances
necessary for the proper management, care, and control of the Borough
and its finances and the maintenance of peace, good government, safety,
health and welfare of the Borough and its citizens, trade, commerce,
and manufacturers.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202.
The Tamaqua Borough Council recognizes that:
A.
A corporation is a legal fiction created by the express permission
of the people of the Borough of Tamaqua as citizens of this state;
B.
A corporation is a limited liability entity, and its officers, directors,
and investors are shielded from liability for harms caused by the
corporation;
C.
If a corporation causes harms to the residents of the Borough of
Tamaqua, the corporation's structure as an incorporated entity, and
the limited liability of the individuals that control the corporation,
make it more difficult to obtain redress and compensation from a corporation
than from a natural person or unincorporated association or partnership;
D.
Protection of the natural environment and the residents of this Borough
is a fundamental obligation of the Tamaqua Borough Council in their
role as elected representatives of the residents of the Borough of
Tamaqua; and
E.
This Borough has experienced serious environmental degradation from
projects commenced by corporations. This Borough finds that prior
degradation has diminished the quality of life of the residents of
the Borough, and that this chapter protects that quality of life by
requiring a corporation to select the most environmentally sound alternative
for particular projects.
The specific purpose of this chapter is to require all corporations
planning to undertake certain activities within the Borough of Tamaqua
to prepare an environmental impact statement (EIS) to examine the
environmental and community impacts resulting from major corporate
projects, to analyze alternatives to the proposed projects, and to
select the most environmentally sound alternative for those projects.
Corporations planning significant corporate actions within the
Borough of Tamaqua shall prepare a detailed statement known as an
environmental impact statement (EIS) for all significant corporate
actions within the Borough. By law, corporations shall be required
under this chapter to select the most environmentally sound alternative
for any project undertaken by the corporation.
The following definitions shall apply to words used within this
chapter:
Alternatives to the proposed significant corporate action
which fully examine a range of all possible approaches to a particular
project, including the total abandonment of the project. A corporation
shall not artificially narrow the goal of the project to narrow the
range of alternatives considered for the project. The consideration
of alternatives must rigorously explore and objectively evaluate all
alternatives to the project.
Actions which are closely related and which depend on other
actions which are taken previously or simultaneously, or are interdependent
parts of a larger action.
Any corporation organized under the laws of any state of
the United States or any country. The term "corporation" shall include
all entities that possess limited liability characteristics, including
limited partnerships, limited liability partnerships, business trusts,
and limited liability corporations organized under the laws of any
state or the United States or any country. This term shall not include
general partnerships, except general partnerships in which corporations
are partners.
The alternative to the proposed corporate action that has
the least impact on the natural environment and communities within
the Borough of Tamaqua, of the range of alternatives examined to the
proposed significant corporate action.
Any action entirely or partly financed, assisted, conducted,
controlled, or approved by a corporation which has more than a minor
impact within the Borough. The aggregate impact of multiple actions,
each having minor impacts within the Borough, shall be considered
a significant corporate action if the multiple actions are connected
actions or similar actions and have cumulative impacts that are greater
than minor impacts.
The environmental impact statement shall include a detailed
explanation and analysis of the following:
The following activities, if undertaken by a corporation, shall
require the preparation of an environmental impact statement:
A.
Any corporate activity which requires a permit or other form of approval
from the Borough Council;
B.
Any corporate activity which will cause more than a minor impact
to the Borough's natural environment or its communities;
C.
Any corporate activity similar to activities in other localities
that have previously caused more than a minor impact to the natural
environment or communities.
The environmental impact statement shall be developed through
the following process:
A.
Scoping phase. The corporation shall engage in a scoping process,
through which the corporation shall invite the participation of state
and local agencies, interested persons within the community, community
nonprofit organizations, and other interested entities to determine
the scope of the project and the significant issues to be analyzed
in depth within the statement. The scoping phase shall be performed
after the publication of a scoping notice in a newspaper of general
circulation in the Borough in which the project is being pursued.
The scoping notice shall invite interested persons to participate
in the scoping process and will announce at least one public meeting
to be held at the Borough building after 6:00 p.m. on a non-holiday
weekday.
B.
Production of a draft environmental impact statement (DEIS). The
corporation shall prepare and release a DEIS following the completion
of the scoping phase. Notice of the availability of the DEIS shall
be advertised in at least one newspaper of general circulation in
the affected Borough. The DEIS shall contain several sections, including
the following:
(1)
Cover sheet identifying the corporation, a brief description of the
proposed corporate activity, and contact information for the corporation;
(2)
A description of the corporation, including a listing of its board
of directors and officers, and including, as an attachment, a copy
of the corporation's articles of incorporation and bylaws;
(3)
Summary of the significant corporate action which is the subject
of the DEIS;
(4)
Table of contents;
(5)
Purpose of, and need for, the activity;
(6)
Alternatives, including proposed activity;
(7)
Affected environment;
(8)
Environmental consequences of proposed activity;
(9)
List of preparers; list of agencies, organizations, and persons to
whom copies of the statement were sent;
(10)
The selection of a "selected alternative" and an explanation
of why the selected alternative is the most environmentally sound
alternative for the proposed activity;
(11)
Full responses to all public comments submitted at the public
scoping hearing;
(12)
The DEIS shall contain a signature page, containing the signature
of an official of the corporation swearing to the accuracy of the
material within the document.
C.
Invitation of comments to the draft environmental impact statement
(DEIS). The corporation shall distribute 20 copies of the DEIS to
the Borough Council, mail one copy to any interested person and organization,
to the County Commissioners, and provide a copy of the DEIS to the
libraries within the county. There shall be at least 90 days provided
for public comment, and such comment period shall not begin until
the corporation has distributed copies of the DEIS to the Borough
Council, to all persons and organizations participating in the scoping
process, to the County Commissioners, and to the libraries within
the county.
D.
Responding to comments on the draft environmental impact statement
(DEIS). The corporation shall respond to all comments submitted on
the DEIS. Possible responses include:
(1)
Modifying
the alternatives;
(2)
Developing
and evaluating alternatives not previously given serious consideration
by the corporation;
(3)
Supplementing,
improving, or modifying its analyses;
(4)
Making
factual corrections; or
(5)
Explaining
why the comments do not warrant further corporate response, citing
the sources, authorities, or reasons which support the corporation's
position.
E.
Preparation and release of a final environmental impact statement
(FEIS). The corporation shall publish and distribute an FEIS, which
identifies the most environmentally sound alternative to the activity
pursued by the corporation. The FEIS shall analyze that alternative
and defend the corporation's selection of that alternative. The FEIS
shall also contain contemporary, updated information and explain the
impacts of that new information on the selection of the most environmentally
sound alternative.
F.
Preparation and release of a final decision. The corporation shall
prepare and distribute a final decision, in which the corporation
shall commit itself to pursuit of the project as outlined in the final
environmental impact statement (FEIS). The final decision shall be
issued no earlier than 60 days after the release of the FEIS and no
later than 90 days after the release of the FEIS.
This chapter hereby creates and vests a right in all citizens
of the Borough of Tamaqua adversely affected by the failure of a corporation
to comply with this chapter, to sue to compel compliance with this
chapter. Such suit may challenge a corporation's failure to apply
this chapter to a particular action, or may challenge the inadequacy
of the corporation's compliance with sections of this chapter. An
action challenging the inadequacy of the corporation's compliance
with the chapter shall be filed within 60 days of the preparation
and release of the final decision by the corporation. An action challenging
the failure of a corporation to apply this chapter to a particular
action shall be brought at any time. All actions shall be filed in
the Court of Common Pleas for Schuylkill County. Citizen-plaintiffs
shall notify the Borough Council of their intent to sue, and shall
give the Borough Council 30 days to enforce the provisions of this
chapter.
The corporation shall not commence, or commit resources to,
corporate actions examined under this chapter until 60 days have passed
from the date of the issuance of the final decision by the corporation.
EISs prepared for projects that do not commence within 12 months
after the issuance of the FEIS under this chapter must be revised
and supplemented to reflect updated, contemporary information. Draft
and final SEISs shall be prepared in accordance with this chapter,
and the process for publication and release of those documents shall
be identical to the process required for a draft and final EIS, and
issuance of a final decision.
