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.
A. Hazardous, municipal and residual wastes are defined in Act 97 as
follows:
HAZARDOUS WASTE
(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.
RESIDUAL WASTE
(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.
B. Other definitions are as follows:
FACILITY
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.
The following regulations shall be complied with and any subsequent
amendments thereto, including all applicable state or federal laws
or regulations:
A. Landfill of hazardous waste only.
(1) The Phase I exclusions, criteria as specified by the Pennsylvania
Act 97, hazardous waste regulations or any subsequent amendments
thereto shall be fully complied with.
(2) Phase II criteria of the hazardous waste regulations must be met
to the satisfaction of the municipality.
(3) 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.
(4) 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.
(5) All geologic criteria outlined in Section 74.442 of the state hazardous
waste regulations shall be complied with.
(6) 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.
(7) Site size shall be a minimum of 300 acres under single contiguous
ownership.
(8) 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.
(9) Odors shall not be detectable at the property boundary.
(10)
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.
(11)
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.
(12)
All information submitted to the PA DEP for state permitting
shall be submitted to the municipality when applying for the conditional
use permit.
(13)
No site shall be located on lands with existing seasonal high-water
tables.
(14)
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.
(15)
The facility shall be no closer than one mile to any existing
or proposed residential subdivision.
(16)
The facility shall be located no closer than 50 miles to any
similar or proposed hazardous waste facility.
B. 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.
C. 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:
(1) The Township may reduce site minimum to 50 acres.
(2) The Township of Springfield may waive certain other requirements
in Sections 2 and 3 that it may determine to not have any relevant bearing
on the health, safety, economic or social well being of the area under
consideration.
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.