Township of Union, PA
Berks County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Union 3-21-2011 by Ord. No. 2011-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
COMMUNITY RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500 pounds of common non-hazardous household materials for recycling, but that does not involve processing or recycling other than routine sorting, bailing, and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of non-hazardous household recyclables and their customary collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A recycling collection center is a permitted by right accessory use to a public or private primary or secondary school, a place of worship, or a municipally owned use.
COMPOSTING FACILITY
A facility for the composting of the organic matter in municipal solid waste.
INCINERATOR
A facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
LOW-LEVEL RADIOACTIVE WASTE FACILITY
A site utilized for the disposal of low-level radioactive waste as defined by the United States Environmental Protection Agency and by the Pennsylvania Department of Environmental Protection.
MUNICIPAL SOLID WASTE
The unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
RECYCLING FACILITY
A business that accumulates: (A) non-hazardous household materials for recycling such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose; and/or (B) heavy metals such as cast irons, steels, and batteries, fluids and tires. The materials are sorted and processed to be sold to another business as a raw material which can be used to manufacture a new product.
REFUSE-DERIVED FUEL (RDF) FACILITY
A facility for the extraction of materials from municipal solid waste for waste-to-energy or for use as refuse-derived fuel (RDF).
RESOURCE RECOVERY FACILITY
A facility or land that is used for any one or a combination of the following or similar uses: composting, incineration, trash transfer, material separation, and/or recycling of heavy metals such as cast irons, steels, batteries, fluids and tires.
SOLID WASTE LANDFILL
A site utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution, or environmental degradation.
TRANSFER STATION
A facility where municipal solid waste is delivered for the purpose of transferring the material into another container or vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose of recycling).
Solid waste disposal facilities includes solid waste landfills, solid waste transfer stations, solid waste-to-energy facilities, community recycling collection centers, recycling facilities, resource recovery facilities, and low-level radioactive waste facilities. The locations of any solid waste disposal facilities shall be as permitted under Chapter 200, Union Township Zoning Ordinance, Code of Union Township.
Solid waste disposal facilities, when and where permitted by zoning, shall conform to the following standards and conditions:
A. 
Solid waste transfer facility, solid waste landfill, or solid waste-to-energy facility.
(1) 
The solid waste transfer facility, solid waste landfill, or solid waste-to-energy facility shall be owned and operated solely by the Township or a municipal authority by and on behalf of the Township.
(2) 
The minimum lot area shall be 50 acres.
(3) 
The construction and operation of a solid waste transfer facility, solid waste landfill, or solid waste-to-energy facility shall not be permitted unless a permit for such facility has been issued by the Pennsylvania Department of Environmental Protection and the solid waste facility is constructed and operated in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection. Operation of any solid waste facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Department of Environmental Protection and the regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules and regulations shall supersede and control in the operation of such solid waste facility.
(4) 
A solid waste facility operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a solid waste facility.
(5) 
Burning of solid waste is prohibited at a landfill. Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection and the Township. Burning or incineration shall only occur within an approved waste-to-energy/resource derived fuel facility.
(6) 
Gaseous and particulate emission from the solid waste facility site shall conform to the prevailing federal, state and local air pollution control codes and regulations.
(7) 
No more than one access road shall be constructed to the entrance of the solid waste facility. The access road shall be an all-weather paved surface road negotiable by and capable of supporting loaded solid waste collection vehicles. All existing public roads shall be kept mud free.
(8) 
A tire cleaning area shall be provided on-site. All tires of all trucks leaving the solid waste facility shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(9) 
An equipment cleaning area shall be provided on-site. All equipment used to grade and compact solid waste at the landfill shall be cleaned daily. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(10) 
Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill/solid waste facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
(11) 
No site activity shall be permitted on Sundays or legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at entrance and/or access road of the landfill prior to 6:30 a.m. Overnight parking shall be prohibited.
(12) 
Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the solid waste facility shall be inspected for debris on a daily basis.
(13) 
Hazardous, contaminated and/or toxic materials, including but not limited to highly flammable materials, explosives, pathological wastes, and radioactive materials, shall not be disposed of in a solid waste landfill.
(14) 
The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.
(15) 
Salvaging of materials as permitted by law shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightly conditions or health hazards. The storage of salvage shall be controlled in a manner that will not permit the habitation or reproduction of deleterious vectors.
(16) 
The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent soil erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. The operator shall comply with the requirements of current and applicable provisions of Chapter 75 and Chapter 102 of Title 25 of the Pennsylvania Code and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water. Cracks in, depressions in, and/or erosion of cover shall be repaired daily.
(17) 
An operation permit shall be obtained on an annual basis on or before June 1.
(18) 
A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representative to determine compliance with approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.
(19) 
The initial application for a solid waste landfill shall be accompanied by impact statements. A plan for the reuse of the land shall be submitted, in writing, to the Union Township Board of Supervisors at the time of securing a zoning permit for a landfill operated by the municipal authority. The plan shall be in compliance with the prevailing zoning at time of application.
(20) 
Maximum active dumping area shall be three acres. Continued operation of the landfill shall be subject to compliance with all state and Township regulations pertaining to landfill.
(21) 
No operation, activity, use, or occupation of any type for the solid waste facility shall be carried on within 100 feet of any property line and/or within 100 feet of any street right-of-way. In addition, a landfill/solid waste facility shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.
(22) 
The storage of fuel to be used on the solid waste facility site shall be in accordance with all applicable federal, state and Township regulations.
(23) 
A chain-link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for operational use as a sanitary landfill/solid waste facility by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operating hours.
(24) 
A fifty-foot-wide buffer yard comprised of three rows of staggered trees shall completely surround all areas approved for operational use as a sanitary landfill/solid waste facility by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the landfill, except at the entrances. The selected evergreens shall have a minimum height of 12 feet at the time of planting and shall be staggered on twelve-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 200-101A of the Code of Union Township. A landscaping plan shall be submitted to the governing body for review and approval.
(25) 
The landfill/solid waste facility shall contain an on-site scale, and all solid waste material delivered to the site shall be weighed and recorded pursuant to the Pennsylvania Solid Waste Management Act (Act 101, as amended). All weigh receipts shall be submitted to the Township on a quarterly basis.
(26) 
For a solid waste-to-energy/resource derived fuel facility or solid waste transfer facility, all loading and unloading of solid waste shall occur within an enclosed building, and over an impervious surface which drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
B. 
Community recycling collection center.
(1) 
A community recycling collection center shall not be subject to the requirements of either a solid waste landfill or a resource recovery facility.
(2) 
A community recycling collection center is a permitted by right accessory use to a public or private primary or secondary school, a place of worship, or a municipally owned use in accordance with Chapter 200, Union Township Zoning Ordinance, Code of Union Township.
(3) 
All collected materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards. The containers shall be leak proof and provided with close-fitting covers for the storage of materials until removed from the premises for recycling.
(4) 
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(5) 
A ten-foot buffer yard with screening shall be provided between this use and any abutting residential lot line.
(6) 
Materials to be collected at a community recycling collection center shall be common non-hazardous household materials such as: paper, fabric, cardboard, plastic, metal cans, and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidently collected with the recyclables. The collection of heavy metal items such as cast irons, steels, batteries, fluids and tires are prohibited as part of this use (see resource recovery facility).
(7) 
The use shall only include the following operations: collection, sorting, bailing, loading, weighing, routine cleaning and closely similar work. No burning or land filling shall occur. No mechanical processing operations shall routinely occur at the site other than operations such as baling of cardboard.
C. 
Recycling facility.
(1) 
A recycling facility may be owned and operated by the Township, a municipal authority by and on behalf of the Township, or by a private commercial business.
(2) 
Materials to be collected/processed at a recycling facility may include:
(a) 
Nonhazardous household materials for recycling such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose; and/or
(b) 
Heavy metals such as cast irons, steels, and batteries, fluids and tires.
(3) 
Activities permitted at a recycling facility include: collection, sorting, bailing, weighing, grinding, and processing.
(4) 
Burning of materials is prohibited at a recycling center. Burning or incineration shall only occur within an approved waste-to-energy/resource derived fuel facility.
(5) 
A recycling facility when permitted, shall also comply with all applicable minimum site area, screening, design, operational and permitting standards set forth for a resource recovery facility, § 163-3D below.
D. 
Resource recovery facilities.
(1) 
The resource recovery facility shall be owned and operated solely by the Township or a municipal authority by and on behalf of the Township.
(2) 
The minimum lot size shall be 10 acres.
(3) 
Parking areas shall be a minimum of 100 feet from any property line.
(4) 
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PADEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PADEP, the more restrictive PADEP regulations shall supersede and control.
(5) 
Gaseous and particulate emission from the resource recovery facility site shall conform to the prevailing federal, state and local air pollution control codes and regulations.
(6) 
No more than one access road shall be constructed to the entrance of the resource recovery facility. The access road shall be an all-weather paved surface road negotiable by and capable of supporting loaded solid waste collection vehicles. All existing public roads shall be kept mud-free.
(7) 
A tire cleaning area shall be provided on-site. All tires of all trucks leaving the resource recovery facility shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(8) 
An equipment cleaning area shall be provided on-site. All equipment used to grade and compact solid waste at the resource recovery facility shall be cleaned daily. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(9) 
Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
(10) 
No site activity shall be permitted on Sundays or legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked on public roads at any time, or at entrance and/or access road of the resource recovery facility prior to 6:30 a.m. Overnight parking shall be prohibited.
(11) 
Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the resource recovery facility shall be inspected for debris on a daily basis.
(12) 
Hazardous, contaminated and/or toxic materials, including but not limited to highly flammable materials, explosives, pathological wastes, and radioactive materials, shall not be disposed of at the resource recovery facility.
(13) 
The disposal of sewage liquids and solids and other liquids shall be specifically prohibited at the resource recovery facility.
(14) 
All parts of the process-unloading, handling and storage of municipal solid waste shall occur within a building. However, certain separated recyclable materials such as glass, aluminum, and other metals may be stored outdoors. The storage of paper shall be within a building. Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. No material shall be placed or deposited to a height greater than the height of the fence herein prescribed.
(15) 
No municipal solid waste shall be stored at a resource recovery facility for more than 72 hours.
(16) 
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality and approved by the Board of Supervisors.
(17) 
Waste from the resource recovery facility process (such as but not limited to ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 200 feet from any property line and stored in leak-proof containers. Such process waste shall be disposed of in a sanitary resource recovery facility approved by PADEP or in another manner approved by PADEP.
(18) 
Solid waste landfill operations and open burning of any materials are not permitted under this use.
(19) 
The use shall be in compliance with the noise standards of Chapter 131 and the performance standards of Chapter 200, § 200-95, of the Code of Union Township.
(20) 
An operational permit shall be renewed on an annual basis on or before June 1.
(21) 
No operation, activity, use, or occupation of any type for a resource recovery facility shall be carried on within 200 feet of any property line and/or within 200 feet of any street right-of-way. In addition, a resource recovery facility shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.
(22) 
A resource recovery facility shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate such a facility.
(23) 
The storage of fuel to be used at the resource recovery facility site shall be in accordance with all applicable federal, state and Township regulations.
(24) 
A chain-link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for operational use as a resource recovery facility by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operating hours.
(25) 
A fifty-foot wide buffer yard comprised of three rows of staggered trees shall completely surround all areas approved for operational use as a resource recovery facility by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the resource recovery facility, except at the entrances. The selected evergreens shall have a minimum height of 12 feet at the time of planting and shall be staggered on twelve-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 200-101A of the Code of Union Township. A landscaping plan shall be submitted to the governing body for review and approval.
(26) 
The resource recovery facility shall contain an on-site scale, and all solid waste material delivered to the site shall be weighed and recorded pursuant to the Pennsylvania Solid Waste Management Act (Act 101, as amended). All weigh receipts shall be submitted to the Township on a quarterly basis.
E. 
Low-level radioactive waste facilities.
(1) 
If zoning approval is granted to permit a low-level radioactive waste facility, the applicant and/or the developer for the site shall be subject to all standards and requirements which are specified by the U.S. Environmental Protection Agency, by the Pennsylvania Department of Environmental Protection, and by such other governmental bodies and agencies that may have jurisdiction.
(2) 
If a conditional use is granted to permit a low-level radioactive waste facility, the applicant and/or the developer of the site shall be subject to all standards and requirements which are specified under Title 25, Chapters 236 and 237, of the Pennsylvania Code, as amended.
(3) 
If zoning approval is granted to permit a low-level radioactive waste facility, the applicant and/or the developer of the site shall be subject to all standards and requirements which are specified under § 163-3A of this chapter.
(4) 
A land development plan must be submitted to Union Township for review and comment. The land development plan shall demonstrate complete conformity with the requirements specified under this section of this chapter. Upon approval, the land development plan shall be recorded in accordance with the provisions stipulated by Union Township.
A. 
Any person who is found to have violated an order of the Township or who willfully or negligently failed to comply with the provisions of this chapter and the orders, rules, regulations, and permits issued hereunder shall be prosecuted by action brought before a magisterial district judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Municipal Solicitor or the Code Enforcement Officer may assume charge of the prosecution without the consent of the District Attorney as required by Pa.R.Crim.P. No. 420 et seq. (relating to trial in summary cases). The Board of Supervisors shall pursue criminal fines not to exceed $1,000 for the violation of this chapter and imprisonment to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
B. 
The Union Township Board of Supervisors may take any appropriate action at law or equity, civil or criminal, to enforce the provisions of this chapter and recover the fees, expenses and costs associated with the enforcement. This chapter shall in no way restrict any remedies, including but not limited to injunctive remedies, otherwise available and provided by law.