[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield 12-2-1991 by Ord. No. 2-1991. Amendments noted where applicable.]
An ordinance of Springfield Township, hereinafter sometimes referred to as "Township," Mercer County, Pennsylvania, to regulate the establishment of hazardous waste facilities and providing for permits, regulations and penalties for violation of the same.
Whereas, increasing and continuous production of hazardous waste causes the necessity for proper treatment, hauling and disposal of same; and
Whereas, the problems of treatment, storage and disposal of hazardous waste poses a potential threat to the residents of Springfield Township; and
Whereas, the public health, safety and general welfare, and the quality of the environment are threatened if hazardous waste is not properly managed in an environmentally sound manner.
Now, therefore, be it enacted by the Township of Springfield, Mercer County, Pennsylvania, as follows:
This chapter shall be known as and may be cited as the "Springfield Township Hazardous Waste Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The definitions of the Pennsylvania Solid Waste Management Act, Act 97, adopted July 7, 1980, P.L. 380, as amended, and 35 P.S. § 6018.101 et seq., as amended from time to time, are incorporated herein by reference.
Hazardous, municipal and residual wastes are defined in Act 97 as follows:
- (1) Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880) or source, special nuclear, or by-product material as defined by the U. S. Atomic Energy Act of 1954, as amended (68 Stat. 923), which because of its quantity, concentration or physical, chemical, or infectious characteristics may:
- (a) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population;
- (b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- (2) The term "hazardous waste" shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." "Hazardous waste" shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Act."
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste hereunder from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
- (1) Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous.
- (2) The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act. "Residual waste" shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law. "Residual waste" shall not include current generation blast furnace, iron and steel slag if: a) used on site as a waste processing liming agent in acid neutralization or on site in place of aggregate or sold and distributed in the stream of commerce for consumption, use or further processing into another desired commodity; and b) managed as an item of commercial value in accordance with industry practices to ensure commercial value.
Other definitions are as follows:
- All land, structures and other appurtenances or improvements on property where hazardous waste is processed, stored or disposed.
- HAZARDOUS WASTE FACILITY
- Any facility storing, processing or disposing of hazardous wastes as herein defined. Any hazardous waste facility located in Mercer County shall be limited to processing of wastes primarily generated by Mercer County located business or industry.
Permits. It shall be unlawful for any person, firm, corporation or other entity to use or continue to use land or buildings within Springfield Township for storage, processing or disposal of hazardous waste without first obtaining a permit therefor, duly and lawfully approved by the "governing body," herein defined as the Springfield Township Board of Supervisors.
Permit fees. A conditional use permit fee of $200,000, paid in full, shall accompany the application for a permit for a hazardous waste facility. Such fee shall be payable to the Township of Springfield. Said fee shall be kept in a separate fund. Such fee shall be used to evaluate the conditional use permit application under conditions of this chapter, and the review of those materials referred to the municipality by the Pennsylvania Department of Environmental Protection for the purposes of obtaining state permitting. In addition, said fees may be used to pay the costs of the Township obtaining legal services incident to the conditional use permit and technical review of other agencies as referred to in Subsection F..
Action on permit. The governing body shall approve or deny the conditional use permit within one year from the date the complete application is filed. This one-year period shall be tolled by delays caused by judicial stays, appeals, and other such collateral actions at law or equity outside the control of the governing body. Said application shall contain all necessary data and materials required by this chapter before the application shall be considered officially filed for consideration. The conditional use permit shall be denied if all applicable county, state or federal laws and regulations or permits have not been obtained within the time period specified for action. Additionally, a failure without lawful cause by the governing body to act within the one-year period on the conditional use permit shall act as a denial of the permit.
Permit renewal. The conditional use permit shall be valid for one year from date of approval. The conditional use permit holder may apply for a renewal of said conditional use permit. The applicant shall show substantial reason for not completing work under the previous conditional use permit approval. If, in the opinion of the governing body, there is not good substantiation for completing all work on the facility as permitted, the renewal conditional use permit may be denied.
Permit transfer. The hazardous waste conditional use permit issued under this chapter is not transferable to any other person, firm or corporation without reapplying for a new conditional use permit.
Permit review by other applicable agencies required. The permit application shall be submitted to at least the following agencies for review and comment, as well as any other agencies deemed appropriate by the governing body:
Inspection and right of entry. The applicant shall supply written permission for inspection of the site and facility during construction and during operation of the facility at any time and by any person designated by the municipality. The applicant shall also supply written permission for public inspection of the facility once in operation during hours of operation and under such reasonable health and safety conditions designated by the facility owners.
Final occupancy permit required. The governing board may approve a final conditional use permit for the operation of the facility providing:
All state and federal and other permitting conditions have been completely agreed to by applicant and approved; and
All local ordinances and regulations have been complied with; and
Operating fee. The Township of Springfield shall, by separate resolution, establish a minimum operating fee to be used for the administration of this chapter and to provide for additional inspection. Said fee shall be an amount subject to revision based on the volume of waste brought to the site as measured by the weighing scales and other records furnished by the operator. These records shall be subject to review by the municipality.
Application for the hazardous waste permit shall, in addition to fees noted, be accompanied by the following information, in writing:
A topographical drawing of not less than 10 feet contour and one inch equals 2,000 feet scale of the site and a three-mile area surrounding said site.
A topographical drawing of the site of not less than two feet contour and accompanying aerial photography of the site upon which the contours were based.
Other maps and documents accurately showing the following data:
All schools, dwellings, group homes, commercial establishments and any other publicly owned or operated facility, or facility used by or being accessible to by the public.
Owners of and occupiers of all adjacent property within one mile of the site.
Location of all public health and safety facilities and identification of equipment available that can readily serve the site.
Source and volume of emergency water supply, and/or other liquids or substances to be used in case of fires or other emergencies.
Location of hospitals to serve the site.
Description of safety measures and equipment to protect employees and adjacent public in case of emergencies and their locations.
Type and condition of public or private roads serving the site including weight limits.
Estimated number of vehicles and volume of waste transported to and from the site for the first five years of operation.
Past record of violations of environmental laws, if any, in Pennsylvania or other states, including fines or penalties paid. Applicant is permitted no exceptions to this requirement.
Prior experience in operating hazardous waste facilities. At least 10 years of active successful operation of hazardous waste facilities must be documented. Applicant is permitted no exceptions to this requirement.
Location and type of weighing scales and/or other types of records to show volume of waste transported to and from the site.
All reports, applications and accompanying materials filed with any state or federal agency for permitting.
Names and addresses of any and all persons having any interest in the proposed facility.
Qualifications established for all personnel to operate the facility.
Location of all buildings and any other uses related to the facility.
Location and type of weighing scales.
An environmental assessment statement, which shall include the following:
A description of the proposed facilities.
A physical description of the environment affected including, but not limited to, summary technical data and maps and diagrams adequate to permit an assessment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analyses and data should be attached as appendices or footnoted with adequate bibliographic references.
The interrelationships and cumulative environmental (including projected economic) impact of the proposed facility shall be stated with adequate technical analysis.
The sources of data used to identify, quantify or evaluate any and all of environmental consequences must be expressly noted.
The relationship of the proposed facility to land use plans, policies and controls for the affected area, including a statement as to how the proposed facility may conform or conflict with the objectives and specific terms of existing and proposed federal, state, county and Township land use plans, policies and controls.
An analysis of:
The primary and secondary effects of the facility and its capacity to stimulate or induce changes in patterns or social and/or economic activities.
The impact on existing community facilities and activities, changes in natural conditions, etc.
The effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns.
Specific data relating to the impact of the facility on local vehicular traffic.
Specific data relating to the impact of the facility on local water supplies, streams and rivers.
Specific data relating to the impact of the facility on natural and man-made local storm drainage facilities and areas.
Specific data relating to the impact of the facility on the existing flood hazard areas of the Township including details of any measures or precautions which have to be taken in order to provide adequate flood control in the Township.
A statement of any probable adverse environmental effects which cannot be avoided (such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to health or other consequences adverse to the environment). Included for purposes of contrast should be a clear statement of how all avoidable adverse effects will be mitigated.
The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves short-term environmental gains at the expense of long-term losses, or the converse, and a discussion of the extent to which the proposed action forecloses future options.
The aesthetic impact of the proposed action including its impact upon visual quality of the surrounding community.
A statement describing the location and impact of the project on nearby recreation areas.
Location of services of all waste to be handled at the site.
Complete listing of all types of hazardous wastes to be handled at the site, as required by the Pennsylvania DEP permitting regulation.
In developing the above data, applicant shall convey the required information adequately in a form easily understood both by members of the public and by public decision makers, giving attention to the substance of the information conveyed rather than to the particular form or length or detail of the statement. Statements should indicate, at appropriate points in the text, any underlying studies, reports, and other information obtained and considered by the applicant in preparing the statement. Care should be taken to insure that the statement remains an essentially self-contained instrument capable of being understood without the need for cross-reference.
Each environmental statement should utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and decisionmaking which may have an impact on the environment. Application of such an approach should help assure a systematic evaluation of reasonable alternative courses of action and their potential social, economic and environmental consequences.
The following regulations shall be complied with and any subsequent amendments thereto, including all applicable state or federal laws or regulations:
Landfill of hazardous waste only.
Phase II criteria of the hazardous waste regulations must be met to the satisfaction of the municipality.
Proof of financial responsibility sufficient to protect the general public from potential damages resulting from the operation of the facility. If said policies are cancelled for any reason, notification must be made, in writing, within one day and said facility shall immediately terminate operation until such policies have been reinstated or renewed.
The facility shall not be located over any aquifer or groundwater recharge area. Detailed hydrological studies shall be submitted to prove conclusively to the municipality that they are not in any way affected.
All geologic criteria outlined in Section 74.442 of the state hazardous waste regulations shall be complied with.
The facility shall not be located in prime or existing agricultural lands, or lands designated as Class I agricultural lands by the U.S. Natural Resources Conservation Service.
Site size shall be a minimum of 300 acres under single contiguous ownership.
There shall be a 200-foot-wide buffer provided to adequately screen the entire property. Said buffer shall be of a type approved by the municipality. It shall be properly maintained at all times as specified by the Zoning Officer.
Odors shall not be detectable at the property boundary.
Weighing scales shall be installed as well as accurate records maintained of any volumes of wastes brought to and from the site. Bonding of weigh men shall be provided in an amount agreed upon with the municipality.
The site shall be no further than five miles from an interchange of any interstate highway and shall have direct access to a federal aid primary designated road.
All information submitted to the PA DEP for state permitting shall be submitted to the municipality when applying for the conditional use permit.
No site shall be located on lands with existing seasonal high-water tables.
The entire site shall be fenced in as required by the Township of Springfield to prevent any access except at points designated on the plans for vehicles delivering or removing waste from the site.
The facility shall be no closer than one mile to any existing or proposed residential subdivision.
The facility shall be located no closer than 50 miles to any similar or proposed hazardous waste facility.
Processing facility utilizing landfill for treated waste. All conditions and requirements of Sections 2 and 3A shall be complied with since volumes of wastes coming up to the site and degree of treatment before landfilling and its effectiveness for safe landfilling will require similar justifications and considerations.
Editor's Note: So in original.
Processing facility located entirely within enclosed buildings and no landfilling required. All conditions and requirements of sections 2, 3 and 4 shall be complied with except:
The Township may reduce site minimum to 50 acres.
Editor's Note: So in original.
Whenever the Township of Springfield has reason to believe that there has been a violation of this chapter, or any of the rules and regulations promulgated pursuant thereto, the Township of Springfield may, in lieu of or in addition to any other enforcement procedure, give written notice of such alleged violation to the person or persons responsible therefor, and order such person or persons to take such corrective measures as are deemed reasonable and necessary to cure the violation. This notice shall state the nature of the violation and shall allow a reasonable time for the performance of the necessary corrective measures. If a person fails to comply with this notice within the time period stated in the notice, the Board of Supervisors or its designate may institute such actions as may be necessary to terminate the violation.
Notwithstanding any other provisions of this chapter, any person who violates any provision of this chapter or any rules and regulations promulgated pursuant thereto shall be subject to a fine not exceeding $300. Each day's violation of any provision of this chapter shall constitute a separate offense.
Each separate provision of this chapter shall be deemed independent of any other provision of this chapter, and if any provision, sentence, clause, section or part thereof is held to be illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter, or their application to other parts or circumstances. It is hereby declared to be the legislative intent that this chapter would have been enacted as if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and as if the person or circumstances to which this chapter, or any part thereof, is inapplicable had been specifically exempted therefrom.
Notwithstanding any of the other provisions of this chapter, if the Board of Supervisors finds that any person is operating a hazardous treatment, processing or disposal site or facility in violation of this chapter, or any of the rules or regulations promulgated thereunder, or if any person is operating such site or facility in an illegal, unsafe or otherwise improper manner so as to endanger the public health, safety or welfare, the Township of Springfield may order such person to immediately discontinue the act. Upon failure to comply with such order, the Township of Springfield may request the appropriate governmental agency or department to commence appropriate civil action in a court of competent jurisdiction to secure a temporary restraining order, a preliminary injunction, a permanent injunction or other appropriate relief or may declare that the operation is creating a public nuisance and order immediate abatement of the same, with the costs of such abatement to be borne and assessed in accordance with law.