[Adopted 9-17-1996 by Ord. No. 11-1996 (Ch. 98, Art. III, of the 1987
Code)]
This article may be cited as the "Coal Ash Disposal Ordinance
for the Borough of Larksville," hereinafter referred to as the "Coal
Ash Ordinance."
A.
The purpose of this article is to regulate the disposal and/or dumping
of coal ash anywhere within the Borough of Larksville.
B.
It has been determined and accepted by the Borough of Larksville
that long-term exposure to large quantities of coal ash is harmful
to the health, safety and general welfare of the citizens of the Borough
of Larksville.
A.
It shall be unlawful for any nonresident of Larksville Borough to
dump or dispose of any quantity of coal ash within the Borough of
Larksville for any period of time under any circumstances without
prior authorization from the Borough Council.
B.
Authorization for a nonresident to dump and/or dispose of any quantity
of coal ash within the Borough of Larksville may be requested in writing
to the Borough Council. Each request will be put on the agenda at
the next scheduled monthly meeting of the Borough Council. The request
for authorization will then be addressed by the Borough Council.
Any resident of Larksville or owner of real property in the
Borough of Larksville may dispose of coal ash generated within their
own residence or property in the following manner:
A.
For use as anti-skid materials on walkways and/or sidewalks on property
for which they are responsible for maintenance thereof when such condition
should arise.
B.
By depositing ash in containers that are accepted and approved by
the Borough. This ash will then be collected by the Borough according
to the regular schedule for uses that the Borough deems appropriate.
The Borough of Larksville may dispose of and/or use coal ash
in any manner that is beneficial to the Borough, provided that such
use follows any and all regulations set forth by the Department of
Environmental Protection and any other regulations set forth by the
Commonwealth of Pennsylvania.
A.
Anyone in violation of this article or who willfully or negligently
fails to comply with any provision of this article shall be fined
not more than $1,000 for each offense. Each day that said violation
shall continue shall constitute a separate offense and be liable to
a fine of not more than $1,000.
B.
Any person found to be an accomplice in violating this article shall
also be held liable to a fine of not more than $1,000. Each day that
said violation shall continue shall constitute a separate offense
and be liable to a fine of not more than $1,000.
