[Ord. 1983-1, --/--/1983, § I; as amended by Ord.
1997-2, 3/6/1997]
1.
Title. This Part shall be known and may be cited as the "Solid Waste
Management Ordinance of Vernon Township."
2.
Scope.
A.
The provisions of this Part shall apply to:
(1)
Administration and enforcement procedures for the location,
design, construction, operation and maintenance of solid waste processing
or disposal facilities.
(2)
Issuance of permits and the collection of all fees therefor.
(3)
Checking plans.
(4)
Initial and regular inspection.
(5)
Making record plans of the facilities provided hereunder.
(6)
Administrative procedures for implementation and enforcement
of this Part.
(7)
Providing penalties for violation hereof.
B.
In interpreting and applying the provisions of this chapter they
shall be deemed to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience and general welfare.
3.
Legislative Intent. Solid waste processing or disposal facilities,
improperly operated or policed, constitute an actual or potential
threat to the public health, safety and welfare. While acknowledging
the role of the Pennsylvania Department of Environmental Protection
in the field of solid waste and recognizing the limited preemption
of regulation effected by the Pennsylvania Solid Waste Management
Act and Succeeding related legislation and regulations the Board of
Supervisors has determined the importance of local regulation and
enforcement in protecting the public against the threats imposed by
the operation of a solid waste processing or disposal facility.
[Ord. 1983-1, --/--/1983, § II; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
1.
Board of Supervisors.
A.
General. The Board of Supervisors is hereby authorized and directed
to enforce all of the provisions of this Part.
B.
Employment of Consultant. The Board of Supervisors may employee an
engineering consultant to review each permit application made hereunder
who shall review same and submit recommendations to the Supervisors
within 30 days of his receipt thereof. Said consultant may also assist
with the promulgation of regulations and enforcement where appropriate.
C.
Rules and Regulations.
(1)
The Board of Supervisors is hereby authorized and directed to
write, revise, revoke and enforce other rules and regulations for
the design, construction, operation and maintenance of solid waste
management facilities in addition to the provisions of this Part,
whether of general or specific application, that are deemed necessary
for the prevention of nuisances or hazards to public health and safety.
(2)
The Board of Supervisors is also authorized and directed to
enforce any and all other rules and regulations in addition to the
provisions of this chapter, whether of general or specific application,
that are deemed necessary for the administration and enforcement of
this chapter.
D.
Deputies. The Board of Supervisors may deputize such officers, assistants,
inspectors and employees as may be necessary to enforce and carry
out the provisions of this Part.
2.
Penalties. Any person, firm or corporation who shall violate any
provision of this Part or the rules, regulations or standards hereunder,
upon conviction thereof in an action brought before a district justice
in the manner provided and for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 1983-1, --/--/1983, § III; as amended by
Ord. 1997-2, 3/6/1997]
For the purpose of this Part the terms defined in this Part
shall have the meaning stated therein.
The restoration, reclamation or recovery of a natural resource
adversely affected by the activity of a person or permittee.
Poultry and livestock manure or residual materials in liquid
or solid form generated in the production and marketing of poultry,
livestock fur bearing animals and their products; provided, that such
agricultural waste is not hazardous. The term includes the residual
materials generated in producing, harvesting and marketing of all
agronomic, horticultural and silvicultural crops or commodities grown
on what are usually recognized and accepted as farms, forests or other
agricultural lands.
Any person of municipality or other entity filing a preliminary
or final application for permit under the provisions of this Part.
The Board of Supervisors of Vernon Township, Crawford County,
Pennsylvania.
Facilities which are located upon lands owned by a generator
of residual waste and which are operated to provide for the treatment
or disposal solely of such generator's residual waste. Such lands
shall be on the same property parcel or contiguous to the generation
site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania and its authorized representatives.
The incineration, deposition, injection, spilling, dumping,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the water of the Commonwealth.
For the purposes of this chapter a dump is a site upon which
solid waste is or was placed in a manner not in compliance with this
chapter.
Residual materials in liquid, solid or semisolid form generated
in the slaughtering of poultry and livestock or in processing and
converting fish, seafood, milk, meat and eggs to food products; it
also means residual materials generated in the processing, converting
or manufacturing of fruits, vegetables, crops and other commodities
into marketable food items.
The use of food processing waste in normal farming operations
as defined in this Part.
Any garbage, refuse or sludge and other discarded materials
including solid, liquid, semisolid or contained gaseous material resulting
from any activity or any combination of the above which because of
its quantity, concentration or physical, chemical or infectious characteristics
may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
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In addition, such wastes shall be considered "hazardous" if
classified as such by the State of Pennsylvania.
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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.
A city, borough, incorporated town, township or county or
any authority created by any of the foregoing.
The customary and generally accepted activities, practices
and procedures that farms adopt, use or engage in year after year
in the production and preparation for market of poultry, livestock
and their products; and in the production, harvesting and preparation
for market of agricultural crops and commodities; provided, that such
operations are conducted in compliance with applicable laws and provided
that the use or disposal of these materials will not pollute the air,
water or other natural resources of the Commonwealth. It includes
the storage and utilization of agricultural and food process wastes
for animal feed and includes the agricultural utilization of septic
tank cleanings and sewage sludges which are generated off site. It
includes the management collection, storage, transportation, use or
disposal of manure, other agricultural waste and food processing waste
on land where such materials will improve the condition of the soil,
the growth of crops or in the restoration of the land for the same
purposes.
Any applicant to whom a permit has been issued under this
chapter.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, federal government or agency, state institution
and agency or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. In any provision of this
chapter prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers and
directors of any corporation or other legal entity having officers
and directors.
Contamination of any air, water, land or other natural resources
of the Township such as will created or is likely to create a public
nuisance or to render such air, water, land or other natural resources
harmful, detrimental or injurious to public health, safety or welfare
or to domestic, municipal, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses or to livestock, wild animals,
birds, fish or other life.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste material for off-site reuse. Processing
facilities include but are not limited to transfer facilities, composting
facilities and resource recovery facilities.
Any violation of any provisions of this Part, any rule or
regulation of the Township, any order of the Township or any term
or condition of any permit shall constitute a public nuisance.
Any and all solid wastes.
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 and agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility; provided, that is it not hazardous.
A place where sanitary landfilling is practiced.
A method of disposing of refuse on land without creating
nuisance or hazards to public health or safety by utilizing the principles
of engineering to confine the refuse to the smallest practical volume
and to cover it with a layer of earth at the conclusion of each day's
operation or at such more frequent intervals as may be necessary.
Any waste including, but not limited to, municipal, residual
or hazardous waste including solid, liquid, semisolid or contained
gaseous materials.
Any facility, land or other area used for the processing
or disposal of solid wastes.
The Commonwealth of Pennsylvania.
Vernon Township, Crawford County, Pennsylvania.
[Ord. 1983-1, --/--/1983, § IV; as amended by Ord.
1997-2, 3/6/1997]
1.
General.
A.
The Board of Supervisors is hereby authorized to issue permits for all elements of solid waste management including the alteration of existing facilities or systems. All such permits shall be nontransferable, shall be for a term of one year and shall be subject to the fees set forth in Subsection 2. All permits so issued shall be conditioned upon observance of the laws of the State of Pennsylvania, the ordinances of this Township and the rules and regulations authorized herein.
B.
The Board of Supervisors has determined that a municipality owned
and operated facility can more effectively be operated and regulated
to protect the public health, safety and welfare than can a privately
owned and operated facility. Therefore, all solid waste processing
and disposal facilities permitted under this Part within Vernon Township
shall be municipally owned and operated.
2.
Permits.
A.
Permit Required. It shall be unlawful or any person or municipality
to use or continue to use their land or the land of any other person
or municipality for solid waste processing or disposal without first
obtaining a permit from the Township and DEP as required by this Part
and the laws of the state. However, this Subsection shall not apply
to:
(1)
Short-term storage of by-products which are utilized in the
processing or manufacturing of other products to the extent that such
by-products are not hazardous and do not create a public nuisance
or adversely affect the air, water or other natural resources of this
Township. As defined in this Part the term "by-products" shall mean
a secondary or additional product, anything produced in addition to
the principal product.
(2)
Agricultural waste produced in the course of normal farming
operations nor the use of food processing wastes in the course of
normal farming operations; provided, that such wastes are not classified
by DEP as hazardous.
(3)
Individuals who dump or deposit solid waste resulting from only
their own residential activities onto the surface of ground owned
or leased by them when such wastes do no thereby create a public nuisance
or adversely affect the public health.
(4)
Captive facilities, as defined herein, which process or dispose
of residual wastes.
B.
Preliminary Application for Permit.
(1)
A preliminary application, briefly describing the construction
and operation of the solid waste processing or disposal facility for
which the permit is requested shall be submitted to the Board of Supervisors
by the applicant. The preliminary application shall be in writing
and shall be made on forms prescribed, prepared and furnished by the
Township and shall set forth such information as the Township may
require.
(2)
The preliminary application shall at a minimum contain information
as required by the Pennsylvania Department of Environmental Protection
of a Phase I application and shall be submitted to the Township concurrent
with the Phase I application submission to DEP. After receiving the
application and after receiving the Phase I approval by DEP a preliminary
site investigation shall be made by the Board of Supervisors or its
designated representative. Phase I approval by DEP regarding the proposed
construction, alteration, excavation, repair or operation of a solid
waste processing or disposal facility shall be a prerequisite to preliminary
approval by the Township.
C.
Submission of Preliminary Application to Engineering Consultant.
Upon receipt of the preliminary application and requisite fee, the
Township shall submit the preliminary application to its consulting
engineer who shall review same and submit recommendations to the Township
within 30 days of his receipt thereof.
D.
Notice of Action Upon Preliminary Application. Within 30 days of
receipt of a complete preliminary application for permit the Board
of Supervisors shall hold a public hearing to review said application.
Within 45 days after said public hearing the Board of Supervisors
shall notify the applicant in writing if there is any apparent cause
for summary disapproval. The involved agencies may recommend conditions
for approval of the permit for which such preliminary application
was filed. In the event such conditions are recommended, the Board
of Supervisors shall state such condition in the notice. In the event
there is no apparent cause for summary disapproval and upon Phase
I approval by DEP the Board of Supervisors shall provide notice in
writing to the applicant of preliminary application approval.
E.
Applicant and Annual Renewal Permit.
(1)
The applicant for permit to construct or operate a solid waste
processing or disposal facility shall submit to the Board of Supervisors
a final application on forms and with such information shall contain
at a minimum the information required by DEP for a Phase II permit
application. The Township shall submit the final application to its
consulting engineer who shall review the same and submit recommendations
to the Supervisors within 30 days of the receipt of the same.
(2)
Permits shall be Renewed Annually. A renewal permit noting any
operational changes for the following year's work shall be submitted
to the Board of Supervisors not more than 60 days nor less than 30
days before the expiration date of the permit in effect.
F.
Issuance, Denial and Renewal of Permits.
(1)
Upon approval of the final application the Board of Supervisors
shall issue a permit for the operation of a solid waste processing
or disposal facility as set forth in the application and further conditioned
by the Township.
(2)
No permit shall be issued by the Township unless and until all
approvals and permits have been issued by DEP. The Township shall
have 60 days after receipt of Phase II from DEP to submit comments
to DER on the permit.
(3)
No permit shall be issued by the Township unless and until an
acceptable performance bond has been posted with the Township.
(4)
Annual renewal permits will be issued only when the Board of
Supervisors finds that the current work and any operational changes
for the following year comply with the conditions of this chapter.
(5)
An applicant will be notified in writing if final application
for a permit or renewal permit has been denied. The notification shall
state the basis for denial and provide the application the opportunity
to be heard on the reasons for denial.
G.
Amendments to Permit.
(1)
No major alterations of location, waste types, design, construction
or required appurtenances of a solid waste processing or disposal
facility for which a permit has been issued hereunder may be made
until an amendment to such permit is issued by the Board of Supervisors.
(3)
The Board of Supervisors shall issue such an amendment upon
determination that such alteration will comply with all of the provisions
of this Part.
H.
Validity.
(1)
The issuance or granting of a permit hereunder shall not be
construed to be a permit for, or an approval of, any violation of
any of the provisions of this Part or any other laws or requirements.
No permit presuming to give authority to violate or cancel the provisions
of this Part shall be valid.
(2)
The issuance of a permit based upon plans and specifications
shall not prevent the Board of Supervisors from thereafter requiring
the correction of errors in said plans and specifications or from
preventing construction, modification, alteration, repair or operation
being carried on thereunder when in violation of this Part.
I.
Expiration. Every permit issued by the Board of Supervisors under
the provisions of this Part shall expire by limitation and become
null and void one year after the date of issuance, or if the construction,
alteration, repair or operation authorized by such permit is not commenced
within 120 days or authorized extension thereof from the date of such
permit or if the construction, alteration, repair or operation authorized
by such permit is suspended or abandoned at any time after the work
can be recommended a new permit shall be first obtained to do so and
the fee therefor shall be 1/2 the amount required for a new permit
for such work; provided, no changes have been or will be made in the
original plans and specifications for such work and, provided further,
that such suspension or abandonment has not lasted beyond the permit
renewal date.
J.
Fees. A fee for each preliminary application, final application and
permit renewal hereunder shall be paid to the Township in an amount
as established, from time to time, by resolution of the Board of Supervisors.
Such fees shall fully reimburse the Township for all review costs.
K.
Costs. All costs of testing, monitoring, sampling, boring, gas control
systems, subsidence monitoring surveying and all other actions required
to be taken by the permittee or applicant hereunder shall be borne
by such applicant or permittee.
[Ord. 1983-1, --/--/1983, § V]
1.
Performance Bonds.
A.
With the exception of municipalities, all applicants, as a condition
of the issuance of a solid waste processing or disposal permit, shall
post a performance bond with the Township adequate to defray necessary
expenses in the amount that the Board of Supervisors determines is
necessary to undertake corrective measures to protect the public health,
safety and welfare.
B.
The bond may contain a provision giving the surety the option to
cancel the bond upon first giving notice in writing not less than
90 days before the effective date of the cancellation to the Board
of Supervisors providing that such cancellation shall not impair any
right of the Township to reimbursement for correction of conditions
resulting from violations of such terms, conditions, laws, statutes,
ordinances or regulations, which violation occurred before the effective
date of cancellation of the bond whether the work of correction was
performed before or after such effective date.
C.
The performance bond shall remain in effect until issuance of a certificate
of completion by the Board of Supervisors.
D.
The required bond may be in the form of bond from a corporation qualified
to do business as a surety within the state, cash or an approved letter
of credit from a financial institution regulated by the federal or
state government or other such form as the Board of Supervisors may
approve.
2.
Liability Insurance. All applicants under the provisions of this
Part shall furnish proof to the Board of Supervisors of liability
insurance covering all aspects of their activities under this Part.
No personal injury policy shall be for less than $500,000 per person
or $1,000,000 per accident. No property damage policy shall be for
less than $500,000 per accident. Such liability protection shall be
maintained throughout the term of the facility operation and for a
period of 10 years following facility closure unless otherwise specified
by the Supervisors. All policies required by this Part shall have
a minimum cancellation period of not less than 90 days after receipt
in writing of the notice of cancellation by the Board of Supervisors.
[Ord. 1983-1, --/--/1983, § VI]
1.
Supervision by Permittee.
A.
The permittee shall provide responsible supervisory control during
grading, landfilling or other operations to insure compliance with
approved plans and with all applicable codes. When required by the
Board of Supervisors the permittee shall secure (A) engineering and/or
(B) geological and/or (C) foundation engineering or other professional
services to implement supervisory control. The engineers or geologists
shall be qualified and shall be licensed or otherwise approved to
practice in the state.
B.
The permittee shall submit periodic progress reports as required
by the Board of Supervisors and shall certify in writing to the satisfactory
completion of the various stages of the work.
2.
Inspection by Township.
A.
The Board of Supervisors will inspect every solid waste processing
or disposal facility located within the Township. Whenever a violation
of any item pertinent to the provisions of this chapter is discovered
the Board of Supervisors shall make such further inspections as are
deemed necessary to determine whether all violations which are the
cause for such notice of violation have been corrected. After the
lapse of five days or other such time as the Board of Supervisors
has specified on the notice of violation for such violations to be
remedied such violations shall be deemed a willful failure to comply
with the provisions of this Part or condition of such permit and cause
for suspension or revocation of permit or action upon the performance
bond.
B.
One copy of the inspection report on which violations of any item
of sanitation pertinent to the provisions of this Part shall be inscribed
shall be left at the landfill site by the Board of Supervisors. Another
copy of the aforementioned inspection report shall be filed by the
Board of Supervisors with the records of the Township and be available
to the public during regular business hours.
[Ord. 1983-1, --/--/1983, § VII]
1.
Right of Entry. Upon presentation of proper credentials the Board
of Supervisors or their duly authorized representative or deputy may
enter at reasonable times during operating hours any part of any solid
waste processing or disposal facility to perform any duty imposed
upon them by this Part. No person, firm or corporation shall deny
or prevent, obstruct or attempt to deny, prevent or obstruct such
entry.
2.
Municipal Liability.
A.
The grant of a permit or approval of a solid waste processing or
disposal facility shall not constitute a representation, guarantee
or warranty of any kind by the Township or by any official or employee
thereof of the practicability or safety of the proposed use and shall
create no liability upon the Township, its officials or employees.
B.
The Board of Supervisors or any of its duly authorized representatives
or deputies charged with the enforcement of this Part, acting in good
faith and without malice, in the discharge of its duties, shall not
thereby render itself personally liable and it is hereby relieved
from all personal liability for any damage that may accrue to persons
or property as a result of any act required or by reason of any action
or omission in the discharge of its duties.
3.
Violation Deemed Nuisance. The construction, alteration, repair,
operation or use of any solid waste processing or disposal facility
in violation of any of the provisions of this Part or the conditions
of any permit or certificate hereunder hereby are declared to be public
nuisances and where determined to constitute a nuisance in fact shall
be abated by alteration, repair, rehabilitation, demolition or removal
in accordance with the procedures specified in this section without
prejudice to the right of the Township to institute other enforcement
proceedings authorized by this Part.
4.
Notice of Violation.
A.
If at any stage of the work the Board of Supervisors determines by
inspection that the facility is being operated contrary to this Part,
the permits/certificates issued hereunder or approved plans; or,
B.
Further operation of the facility as authorized is like to endanger
any persons, property (public or private), or watercourse or result
in the deposition of debris on any public way; then,
C.
The operation of the facility may be ordered stopped by written notice
of violation served on any person(s) operating the facility or causing
the operation of the facility. The person(s) shall forthwith stop
the operation of the facility immediately after the receipt of this
notice. The conditions shall be corrected by prescribed and stated
methods of abatement within five days or other such time limit prescribed
on the notice of violation. The Board of Supervisors shall authorize
the work to proceed if adequate corrective measures have been taken.
5.
Abatement. After notice of violation has been served upon the owner
or persons in charge or control of a solid waste processing or disposal
facility and the violation has not been corrected within the time
limit prescribed on the notice of violation the Board of Supervisors
may abate the public nuisance by the methods described in the notice
of violation.
6.
Abatement Costs. The Board of Supervisors may recover the costs of
abatement performed by the Township by either of the following methods
or combination thereof:
A.
Special Property Assessment.
(1)
The entire costs to the Township of abatement pursuant to the provisions of Subsection 5 of this section may become a special assessment against the property upon which the abatement occurred as hereinbelow described and all applicants consent to such assessment by the making of a preliminary application. The Board of Supervisors shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this subsection is not paid in full within 10 days after receipt of such notice form the Board of Supervisors, as the case may be, the Board of Supervisors shall record in the Office of the County Recorder a statement of the total balance still due and the legal description of the property. From the date of such recording such balance due shall be a special assessment against the property.
(2)
The assessment shall be collected at the time and in the same
manner as ordinary taxes of the Township are collected and shall be
subject to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary taxes of the Township. All
the laws applicable to the levy, collection and enforcement of the
taxes of the Township shall be applicable to such special assessment.
B.
Action on Performance Bond.
(1)
The entire costs to the Township of abatement pursuant to Subsection 5 of this section. The Board of Supervisors shall notify, in writing, all parties concerned of the amount of such costs of abatement. If such abatement costs are not paid in full within 10 days after receipt of such notice from the Board of Supervisors, the Board of Supervisors may take action upon the performance bond, declare the bond forfeited and proceed to enforce and collect the amount of liability forfeited thereon.
7.
Revocation or Suspension of Permit. Any permit granted by the Township
as provided in this Part shall be revocable or subject to suspension
at any time the Township shall determine that:
A.
Such permit was issued in error or contrary to the provisions of
this Part or was issued on the basis of false information furnished
to the Township by the permittee and no substantial reliance in good
faith to the permittee has occurred.
B.
Such permit was secured by the fraud of the permittee.
C.
The permittee or party to whom such permit was issued has failed
to comply with any provisions of this Part or conditions of such permit.
D.
The operation constitutes a public nuisance, a health hazard or is
adversely affecting the environment or economic and industrial development
of the area.
8.
Service of Notices. Whenever in this Part a notice is required to
be served such notice shall be served by registered or certified mail
addressed to the permittee or party to whom a permit or certificate
was issued hereunder at the address shown on the application for such
permit or certificate or subsequent written notification of change
of address of such permittee or party delivered to the Township.
9.
Restraining Violations. In addition to any other remedies provided
in this Part the Board of Supervisors may institute a suit in equity
in the name of the Township in the Court of Common Pleas of Crawford
County for an injunction to restrain a violation of this Part the
rules, regulations or standards adopted hereunder or to restrain any
and all violations of Act 97, the Pennsylvania Solid Waste Management
Act, as amended, or the rules and regulations promulgated thereunder
or to restrain any public nuisance or detriment to the health, safety,
welfare or environment of the residents of this Township.
[Ord. 1983-1, --/--/1983, § VIII]
1.
It shall be unlawful for any person or municipality to:
A.
Unless otherwise authorized by this Part to dump or deposit or permit
the dumping or depositing of any solid waste onto the surface of the
ground or underground or into the waters of the Commonwealth, by any
means, unless a permit for such disposal has first been obtained from
the Township.
B.
Construct, alter or operate a solid waste processing or disposal
facility within the Township contrary to the provisions of this Part.
C.
Store, collect, transport, process, burn or dispose of solid waste
within the Township contrary to the laws, rules, regulations, standards
of orders of the State of Pennsylvania.
D.
Transport any solid waste within the Township in any vehicle which
permits the contents to blow, sift, leak or fall therefrom.
E.
Refuse, hinder, obstruct, delay entry, threaten or otherwise interfere
with any employee of this Township or any employee of a contractor
while in the performance of their duties as authorized by this Part
after such employee identifies himself and gives notice of his purpose.
F.
Make any false statement in any application required by this Part.
G.
Operate a sanitary landfill such that the perimeter of the disposal
area occurs within 500 feet of a residence, an industrial or commercial
plant or other structure or improvement unless engineering and geological
data acceptable to the Township is submitted which would indicate
an alternative minimum separation distance. The operator shall also
be required to surround the perimeter of the facility with a triple
row of coniferous tress which shall be spaced not more than eight
feet apart and be a minimum eight feet in height.
H.
Operate a solid waste processing or disposing facility whereby any
noxious or offensive odors, putrid or polluted water or other discharge,
smoke, soot, ash, refuse, rubbish or filth of any nature whatsoever
are blown, carried or discharged in any manner onto public roads or
upon premises of other persons or municipalities. The solid waste
management facility site itself shall not be allowed to become littered
or be unsightly and shall be strictly policed by the permittee.
I.
Operate a solid waste processing or disposal facility whereby unauthorized
dumping is allowed to occur and solid waste allowed to accumulate
outside of the fence or access gate which borders the solid waste
management facility. The operators of a solid waste management facility
shall routinely police the outside perimeter and areas immediately
adjacent thereto including any transportation routes within 1/4 mile
of the entrance to the solid waste processing or disposal facility
and shall prevent said areas from becoming littered, unsightly and
offensive to other persons.
J.
To operate said facility except between the hours of 8:00 a.m. to
5:00 p.m. prevailing local time, Monday through Friday and from 10:00
a.m. prevailing local time through 5:00 p.m. prevailing local time
on Saturday.
[Ord. 1983-1, --/--/1983, § IX]
1.
Site Approval Board.
A.
Creation and Membership. There is hereby created a Site Approval
Board consisting of seven members, none of whom shall hold elected
or appointed Township office during membership on the Board for each
application for a permitted processing or disposal facility. Members
shall be appointed by the Township Supervisors to serve on a Board
until the application assigned to that Board has been acted upon by
the Board. No less than four members of the Board shall be residents
of Vernon Township. One member shall be a professional engineer who
is familiar with current solid waste management practices and one
member shall be a chemist. The Chairman of the Board shall promptly
notify the Supervisors of any vacancies on the Board and such vacancies
shall be filled. All members of the Board shall be compensated in
a manner to be hereafter established by resolution of the Board of
Supervisors, which compensation shall be charged to the applicant
and payable as part of the application fee.
B.
Operation. The Site Approval Board shall review each application
for a permit together with its accompanying project impact report,
apply the prevailing siting criteria and approve or deny the application.
The reviewing engineer retained by the Township shall be available
to the Board for consultation on matters pertinent to the application.
C.
Effect of Decision. The approval or denial by the Board of the application
shall be binding on the Township Supervisors unless such decision
is contrary to the report of the consulting engineer and is reversed
by unanimous vote of the Township Supervisors.
2.
Perimeter Fencing. An appropriate fence which will provide external
security and prevent solid waste from being blown or otherwise removed
from the site shall be erected around the perimeter of any land on
which a solid waste processing or disposal facility will be operated.
Said fence to be at least eight feet in height and said facility shall
also be surrounded with a triple row of coniferous trees which shall
be spaced not more than eight feet apart and be at least a minimum
of eight feet in height.
3.
Township Road Protection. All applicants under the provisions of this chapter shall be required to enter into an agreement with the Township obligating the applicant to repair any damage caused to Township roadways by vehicles transporting solid waste to or from the solid waste management facility. Said agreement shall be in accordance with terms and specifications formulated in the discretion of the Board of Supervisors as individual cases and circumstances may warrant. The Township shall further require an applicant to post a bond with a responsible corporate surety to guarantee performance under the agreement, said bond to be in an amount determined by the Supervisors which will be sufficient to repair any damage which they project might occur to any Township road by virtue of its being an access road to a solid waste processing or disposal facility. Said bond may be included in and made a part of the access road to a solid waste processing or disposal facility. Said bond may be included in and made a part of the performance bond required under § 20-105 of this Part.
4.
Administrative Fund. All applicants under the provisions of this
Part shall be required to enter into an agreement with the Township
obligating the applicant to pay a fee to the Township, on a monthly
basis, based on a charge per ton or per unit volume of refuse processed
or disposed of on land within the Township. The necessity of the fee
will be considered on a case by case basis and be within the sound
discretion of the Board of Supervisors. The amount of any charge shall
also be within the sound discretion of the Board of Supervisors and
calculated to fully compensate the Township for any administration,
inspection, maintenance or other expenses projected by the Supervisors
to be incurred or occasioned by the operation of a solid waste management
area within the Township.
[Ord. 1983-1, --/--/1983, § X]
1.
Certifications.
A.
Certificate Required. No use of a completed sanitary landfill may
be made until a certificate of completion has been issued by the Board
of Supervisors.
B.
Application. Whenever any sanitary landfill has been completed and
is proposed for use the owner of such sanitary landfill shall file
an application for a certificate of completion with the Township.
C.
Issuance. A certificate of completion shall be issued to the owner
of a sanitary landfill for which a permit has been issued hereunder
when the Board of Supervisors determines that all conditions of such
permit have been fulfilled.
D.
Release of Performance Bonds. Upon the issuance of a certificate
of completion hereunder the performance bond required hereunder shall
be released.
E.
Costs. All expenses and costs for testing, monitoring, sampling boring,
gas control systems, subsidence monitoring devices, subsidence monitoring
surveying and all other tests, surveys or requirements determined
to be necessary by the Board of Supervisors for issuance of the certificate
of completion hereunder shall be paid by the applicant for such certificate
of completion prior to issuance thereof.
2.
Revocation or Suspension of Certificate of Completion. The Board
of Supervisors may revoke or suspend any certificate issued hereunder
upon its finding that:
A.
Such certificate was issued in error or was issued on the basis of
false information furnished to the Board of Supervisors by the permittee
and no substantial reliance in good faith to the detriment of the
permittee has occurred.
B.
Such certificate was secured by the fraud of the permittee.
C.
The permittee or party to whom such certificate was issued has failed
to comply with any provisions of this Part or condition of such permit.
D.
The operation constitutes a public nuisance, a health hazard or is
adversely affecting the environment or economic and industrial development
of the area.
[Ord. 1983-1, --/--/1983, § XI; as amended by Ord.
1997-2, 3/6/1997]
1.
Emergency Control Plan. The applicant shall file with the Township
Fire Department, other area fire departments, emergency response teams,
hospitals and police departments as designated by the Supervisors,
an emergency control plan including, at a minimum, the following provisions:
A.
The applicant shall familiarize emergency personnel with the physical
layout of the processing or disposal facility and the designated transportation
route to said facility.
B.
Seminars shall be conducted for emergency personnel on the properties
of the hazardous wastes being processed at the facility and the associated
hazards of such wastes including the various types of illness or injuries
which could result from fires, explosion or accidental releases of
hazardous materials anywhere within the Township.
C.
At least once every six months the applicant shall conduct a seminar
for the local fire department and any other emergency personnel designated
by the Supervisors emphasizing response and control of potential accidental
releases of hazardous materials.
D.
An applicant shall be required to provide at its expense any specialized
equipment necessary for the Township fire department or other designated
emergency response teams to respond to accidental releases of hazardous
materials.
E.
The applicant shall be required to pay any costs which the Township,
nearby hospitals or medical clinics and nearby volunteer fire ambulances
and rescue companies incur as a result of maintaining such emergency
facilities, equipment and personnel which would not be maintained
but for the proximity of the disposal facility. The applicant shall
be required to make such payment within 30 days upon presentation
of written evidence documenting costs covered by this subsection.
2.
Access Route. A single access route to the processing or disposal
facility shall be designated by the Supervisors which shall be the
sole and exclusive route by which vehicles transporting hazardous
substances approach the processing or disposal facility. The applicant
shall provide at its expense route designation signs to enable the
Township to safely implement this requirement. The applicant shall
be solely and strictly liable for the enforcement of this provision
and failure to do so will result in the revocation of any operational
permit issued hereunder.
3.
Hours of Operation. In order to insure maximum road safety and maintenance
during winter months all deliveries of hazardous materials to the
facility shall be made between 7:00 a.m. and 5:00 p.m. during the
months of November through March of each year.
4.
Insurance and Financial Responsibility. The applicant shall file
with the Township a plan of accident and liability insurance including
certification of the issuance of appropriate policies and shall maintain
such policies throughout the term of its operation and for a minimum
thirty-year period thereafter. The scope and amounts of such insurance
shall be in accordance with state and federal regulations and requirements
except as otherwise required in this subsection pertaining to the
designation of the named insured on the liability policy. The applicant
shall file with the Township evidence of financial responsibility
for proper operation, closure and damages arising during construction,
operation and closure of the facility. To the extent that an applicant
is a subsidiary or interlocking with another business entity the parent
entity or interlocking business entity shall be included as the named
applicant and included as the named insured on any policy of insurance
required hereunder. Such parent entity or interlocking business entity
shall in all respects have the standing, responsibility and liability
of the applicant under the terms of this Part, the Pennsylvania Solid
Waste Management Act and any applicable federal or state acts.
5.
Communications. The applicant shall be required to provide the Township
with copies of all reports and communications or any kind made to
or received from regulatory agencies, including but not limited to,
the Pennsylvania Department of Environmental Protection and the Environmental
Protection Agency.
6.
Liability Standards.
A.
No person or municipality shall generate, store, transport, treat
or dispose of hazardous waste within Vernon Township unless such generation,
storage, transportation, treatment or disposal is authorized by the
rules and regulations of the Department of Environmental Protection,
this Part and any other agency exercising jurisdiction over hazardous
waste.
B.
The generation, storage, transportation, treatment and disposal of
hazardous waste are hereby declared to be activities which subject
the person carrying on those activities to strict liability for harm
although he/she has exercised utmost care to prevent harm regardless
whether such activities were conducted prior to the enactment hereof.
C.
Liability of Generators of Hazardous Waste.
(1)
The term "generator" refers to a manufacturer that produces
hazardous wastes. A generator shall be liable to the Township and
to any injured parties resulting from the improper transportation,
processing or disposal of hazardous waste in Vernon Township, whether
by a permitted operator or by a nonpermitted person or entity. This
liability shall exist absolutely, strictly and without regard to the
care exercised by the generator in the selection of reputable waste
transporters and disposal facilities. This liability shall extend
to compensatory damages to claimants as well as the cost of clean
up operations including clean up of an improperly maintained waste
disposal facility.
(2)
It shall be unlawful for a generator to cause hazardous waste
to be transported to and disposed of at a permitted site within the
Township without first executing and filing with the Township a written
acknowledgement of the joint and several liability imposed hereunder,
an endorsement of the contracted transporter and disposal facility
and an agreement to share in payment of consequential damages on a
formula prorating the percentage of damages to the percentage of all
waste disposed at the facility represented by the amount of waste
generated by the generator from the inception of the facility to the
date of the incident or incidents giving rise to the claim. The form
of the aforesaid acknowledgement and agreement shall be provided by
the Township to the operator of a permitted facility who shall, in
turn, be responsible for obtaining execution of same by the generator
and filing with the Township prior to accepting waste from that generator.
It shall be unlawful for a generator to cause hazardous waste to be
transported to and disposed at a permitted site without first insuring
that its required assessment is paid to the Environmental Response
Compensation and Liability Fund as established elsewhere in this Part.
D.
It shall be presumed as a rebuttable presumption of law that a person
or municipality which stores, treats or disposes of hazardous waste
shall be liable without proof of fault, negligence or causation for
all damages, contaminations or pollution within 1/2 mile of the perimeter
of the area where hazardous waste activities have been carried out
(one mile in the case of ground water or well pollution). Such presumption
may be overcome by clear and convincing evidence that the person or
municipality so charged did not contribute to the damage, contamination
or pollution.
E.
Upon presentation of a proper claim for consequential damages arising
from the generation, storage, transportation, treatment or disposal
of hazardous waste, compensatory damages shall be paid to the claimant
within 60 days of presentation of such claim.
F.
Compensatory damages shall be payable within the above time period
for all nature of harm arising from the above activities regardless
of fault or the attempted exercise of due cause and shall include
but not be limited to:
(1)
Reasonable and necessary medical expenses.
(2)
Temporary living expenses where evacuation is required.
(3)
Relocation expenses where necessary for the health, safety or
welfare of residents.
(4)
Treatment and/or replacement of livestock or pets.
(5)
Damage to real estate and improvements thereon.
(6)
Loss of real estate value within a one mile radius of a processing
or disposal facility and beyond such radius if the loss of value is
proven to be attributable to the existence or operation of the facility.
(7)
Ground water and well pollution within a three mile radius of
a processing and disposal facility and beyond such radius where there
is documented movement of contamination from the site.
7.
Transportation by Licensed Haulers. No person or municipality shall
transport hazardous waste within Vernon Township unless such person
or municipality has first obtained a license for the transportation
of hazardous waste from the Department of Environmental Resources,
a copy of which shall be on file with the Township Secretary during
any period when such transportation occurs. Hazardous waste shall
be transported within the Township only by vehicles registered and
licensed by the Pennsylvania Department of Transportation and inspected
as required by the rules of the Department of Transportation. It shall
be the duty of the operator of a solid waste processing or disposal
facility to insure that no hazardous waste is transported to or accepted
at the facility in violation of this requirement, the breach of said
duty resulting in revocation of any license issued hereunder.
8.
Generation, Transportation, Storage, Treatment and Disposal of Hazardous
Waste.
A.
It shall be unlawful for any person or municipality who generates,
transports or stores hazardous waste to transfer such waste unless
such person or municipality complies with the rules and regulations
of the Department of Environmental Protection and the terms or conditions
of this Part and any applicable permit or license and any applicable
order issued by the Department of Environmental Protection.
B.
It shall be unlawful for any person or municipality who generates,
transports, stores, treats or disposes of hazardous waste to fail
to:
(1)
Maintain such records as are necessary to accurately identify
the quantities of hazardous waste generated, the constituents thereof
which are significant in quantity or in potential harm to human health
or the environment, the method of transportation and the disposition
of such wastes and, where applicable, the source and delivery points
of such hazardous waste. In the case of a land disposal facility such
records shall include but not be limited to a map or other diagram
clearly indicating the characteristics and location of each hazardous
waste disposed of at that facility.
(2)
Label any containers used for the storage, transportation or
disposal of such hazardous waste so as to identify accurately such
waste.
(3)
Use containers appropriate for such hazardous waste and for
the activity undertaken.
(4)
Furnish information on the general chemical composition of such
hazardous waste to persons transporting, treating, storing or disposing
of such wastes.
(5)
Use a manifest system as required by the Department to assure
that all such hazardous waste generated is designated for treatment
storage or disposal of such treatment, storage or disposal facilities
(other than facilities where the use of a manifest system is not necessary)
approved by the Department of Environmental Protection and the Township.
(6)
Carry out transportation activities in compliance with the rules
and regulations of the Department of Environmental Protection, the
Department of Transportation and the Township including the transporting
of all hazardous waste only by the safest available means and by the
safest available route.
(7)
Treat, store and dispose of all such wastes in accordance with
the rules and regulations of the Department of Environmental Protection
and the Township and permits, permit conditions and orders of the
Department and the Township.
(8)
Develop and implement contingency plans for effective action
to minimize and abate hazards from any treatment, storage, transportation
or disposal of any hazardous waste.
(9)
Maintain such operation, trained personnel and assure financial
responsibility for such storage, treatment or disposal operations
to prevent adverse effects to the public health, safety and welfare
and to the environment and to prevent public nuisances.
(10)
Immediately notify the Department of Environmental Protection
and the Township of any spill or accidental discharge of such waste
in accordance with a contingency plan approved by the Department and
the Township and take immediate steps to contain and clean up the
spill or discharge.
(11)
Conduct an inspection and prepare a chemical analysis of hazardous
waste accepted at the facility and maintain an appropriate laboratory
in which to perform that analysis as required by state and federal
regulations. With respect to small generators, defined as those producing
50 tons or less of hazardous waste per annum, an inspection and chemical
analysis shall be performed on every container of hazardous waste
accepted at the facility.
(12)
Install appropriate monitoring and maintenance systems and other
devices for the detection of any emissions from the facility into
the air or ground water and to conduct daily inspections of those
systems and to maintain an appropriate laboratory in which to perform
that analysis as required by state and federal regulations.
(13)
Have an adequate system for assuring that no hazardous waste
is accepted for disposal unless such waste is of the kind which the
facility is capable of disposing of safely and is permitted to accept.
(14)
Be properly designed and constructed so that its use will be
the safest method of disposing of the hazardous waste proposed to
be disposed of at the facility.
(15)
Have an adequate system for preventing, detecting, stopping
and cleaning upon any emissions into the air or water, both during
the facility's operation and for as long thereafter as the facility
is deemed to be a significant threat to the public health, safety
or welfare or to the environment.
(16)
Have an adequate security system for preventing potentially
harmful intrusions onto the facility site by people, wildlife, domestic
animals or farm animals both during the facility's operation
and as along thereafter as the Township deems the facility to be a
significant threat to the public health, safety or welfare or to the
environment.
(17)
Have the financial means and technical ability to operate such
facility and to maintain it after closure in accordance with the provisions
of all applicable federal, state and local acts and ordinances pertaining
thereto.
(18)
Store, treat or dispose of hazardous waste other than that which
is transported to the facility by vehicles licensed or approved by
the Department of Environmental Protection and registered, licensed
and inspected by the Pennsylvania Department of Transportation.
9.
Probationary License. When an initial application for a processing
or disposal facility permit is filed with the Township the initial
Township permit may be issued for the normal one-year period but shall
contain restrictions designed to limit the volume of waste being processed
at the facility. The exact nature of the restrictions shall be determined
by the Supervisors after consultation with the Township consulting
engineer and the applicant and be calculated to insure a safe and
controlled start-up. These restrictions may be removed by the Township
at the end of the first year of operation or such earlier or later
time as the applicant establishes that the process being utilized
at the facility and the facility itself are being safely and property
operated. The restrictions may include a limitation on the number
of hours of operation per day, the number of days per week, the number
of weeks per year or the volume of hazardous waste accepted for disposal
at the facility or such other restrictions as will effectuate the
intent of this Subsection.
10.
Fees and Costs. A minimum fee for each preliminary application, final
application and permit renewal hereunder shall be paid to the Township
in an amount as established, from time to time, by resolution of the
Board of Supervisors. The applicant shall reimburse the Township within
30 days of demand all expenses incurred by the Township occasioned
by the application including, but not limited to, engineering or other
expert services, hearing, legal expenses and research and investigation
expenses.
11.
Compliance Monitor. The Township shall designate a person or persons
to monitor the operation of a licensed facility on a full-time basis
to insure compliance with the terms of this Part, conditions of the
license and any orders issued hereunder. Said individual shall have
full and free access to the entire facility during its hours of operation
regardless of the number of shifts and shall make monthly reports
to the Township on forms to be designated by the Township. Prior to
the issuance of any license pursuant to this Part the applicant shall
be required to pay to the Township a cash sum equal to the amount
of the salary determined by the Supervisors to be adequate compensation
to the compliance officer or officers during the one year term of
the license. Each such compliance monitor shall agree in writing not
to accept employment by any employer who owns a direct or indirect
interest in a hazardous waste generating, processing or disposal facility
for at least one year after termination of employment with the Township
as a compliance monitor. Compliance monitoring under this Part shall
be considered as an addition to any resident state inspectors which
may hereafter be created and/or assigned to a permitted facility by
the Environmental Quality Board or other federal or state agency or
department. The powers and duties of the compliance monitor shall
include but not be limited to the following:
A.
Making daily inspections of the facility and its monitoring system.
B.
Making random inspections of hazardous waste shipments to the facility
including arranging for an independent chemical analysis on a random
basis unless a resident state inspector is present at the facility
and conducting an independent chemical analysis of hazardous waste
shipments. The operator shall be liable for the cost of the independent
chemical analysis and shall enter into a contract on a form provided
by the Township with an independent chemist selected by the Township
on terms and conditions specified in the form contract. Failure to
make timely payment as required by such contract will result in the
revocation of any permit issued hereunder.
C.
Entering onto the facilities site at any time with or without prior
notice to the owner of the facility.
D.
Inspecting and copying any records, reports, communications, information
or test results pertaining to the purposes of this Part.
E.
Having the power to revoke or suspend a facility's permit if
entry or inspection is refused, hindered or thwarted.
F.
Requiring the facility operator to provide adequate office space
and equipment for use by the compliance monitor.
G.
Bringing complaints or suggestions or complaints to the attention
of the operator.
12.
Criteria for Siting of Facilities. The following criteria for siting
of hazardous waste treatment and disposal facilities incudes environmental,
social and economic considerations of concern of Township residents,
the satisfaction of which is mandatory prior to the issuance of a
Township permit hereunder:
A.
The applicant must satisfy and remain in conformance with criteria
and standards for siting hazardous waste treatment and disposal facilities
established by the Department of Environmental Protection pursuant
to the Pennsylvania Solid Waste Management Act of 1980, Act 97.
B.
No storage, treatment or disposal of hazardous waste shall be permitted
in these areas or in proximity to the point of impacting these areas:
(1)
One-hundred-year Floodplain. An area inundated by floods including
from hurricanes and storm surges with a probability of occurring once
in 100 years on a 1% chance of occurring in any one year.
(2)
Fresh Water Wetlands. Those land surfaces inundated by surface
or ground water with a frequency sufficient to support, under normal
circumstances, a prevalence of vegetative or aquatic life that requires
saturated or seasonably saturated soil conditions for growth and reproduction.
Wetlands include swamps, marshes, bogs and similar areas such as sloughs,
wet meadows, river overflows, mud flats and natural ponds.
(3)
Oil and Gas Fields. Areas within which active or abandoned,
shallow or deep oil and gas wells and gas storage fields exist.
(4)
Public and Private Water Supply Watersheds. Those areas draining
to existing or planned storage reservoirs used for public drinking
water supplies or storage reservoirs used for public drinking water
supplies or storage reservoirs planned or under construction to be
used for drinking water supplies; those areas within 1,000 feet of
a well used for public or private drinking water supplies; those areas
within the geologic formation or group of formations that is capable
of yielding usable quantities of potable ground water to wells or
springs presently being pumped (or having the potential for being
so pumped) within 500 feet horizontally of a facility site, boundary.
(5)
Natural Areas of Designated Township, County, State, Regional
or Natural Significance. Natural areas not in public trust that have
been designated by executive or legislative policy as being of Township,
county, state, regional or national significance due to recreational,
histories, educational and aesthetic value, importance as a natural
resource or value to local economy.
(6)
Dedicated Lands in Public Trust. Funds in public trust dedicated
to uses which are incompatible with hazardous water facilities including
parks, forest, wilderness and recreational areas, historic sites,
game lands or other natural areas.
(7)
Air Quality Considerations. Area must be downwind from the direction
of prevailing winds in relation to adjacent populated areas with a
population density of greater than three persons per acre.
(9)
Stream Proximity. Shall not be within 200 feet of the nearest
stream or within an area that has an underground stream which is a
principal source of public drinking water or the sole source of drinking
water for a private residence.
(10)
Proximity of Incompatible Uses. Must be a linear distance of
not less than one mile from hazardous waste facility boundary to:
(a)
A unit of the National Park system.
(b)
A state, county or municipal park or picnic area.
(c)
A national area or wild area designated by any federal, state
or local body or board.
(d)
Any identified potential impact area of a national, state or
local wildlife area or environmental center.
(e)
A state forest or state gameland unless the circumstances of
a particular application justify closer proximity which, in all events,
shall not be less than 0.25 miles.
(11)
Endangered Species Area. An area which is a habitat of a rare,
threatened or endangered species of a plant or animal protected by
the Federal Endangered Species Act of 1973 or recognized by the Pennsylvania
Fish or Game Commission.
(12)
The proposed disposal facility will not be located within a
densely populated area or within one mile of a property owner who
objects to the proximity of the site or within a distance of more
than one mile from an objecting property owner if the Township deems
such greater distance appropriate because of the nature of the hazardous
waste proposed to be disposed of at such disposal facility. The objection
of such property owner shall be given great weight but may be overruled
by the Site Approval Board as hereinafter described.
(13)
Hydrogeologic Consideration. The proposed facility shall not
be located within an area in which the underlying geologic formation,
the nature of the soil or the underground water would be incompatible
with the ability of the proposed facility to contain the hazardous
waste disposed of therein or with the ability to detect, stop and
clean up any harmful escape of the hazardous waste from the facility.
C.
The following economic factors shall be reviewed and considered as
an adequate basis for rejection of an application if not addressed
by the applicant in a written form satisfactory to the Township:
(1)
Net loss of revenues to the Township and/or surrounding municipalities.
(2)
Increase in services or costs thereof to be provided by the
Township and/or surrounding municipalities.
(3)
Adverse effect on the economy of the Township and/or surrounding
municipalities.
(4)
Adverse effect on the value of any real estate or businesses
within the Township and/or surrounding municipalities.
(5)
Adverse safety, welfare, environmental, social or economic impact
to the Township or its residents and the surrounding municipalities
and its residents.
(6)
Net increase in cost to Township for monitoring the facility.
(7)
Adverse effect on the current population or population growth
projections for the Township and/or surrounding municipalities.
(8)
Adverse effect to the agricultural, industrial, commercial,
recreational and other economies within the Township or the County
and not be located within an agricultural area as designated pursuant
to the Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural
Area Security Law."
13.
Environmental Response, Compensation and Liability Fund.
A.
Creation. In recognition of the enormous costs of remedying, containing
and cleaning up improper problems resulting from hazardous waste management,
the seriousness of water pollution, air pollution, explosion, fire
and direct poisoning and the significance of individual pain and suffering
resulting from improper waste management, there is hereby created
a Vernon Township Environmental Response, Compensation and Liability
Fund. An account in the name of the fund will be established in a
banking institution in Crawford County into which shall be deposited
assessments made against hazardous waste storage processors and disposal
facility operators. The administration and control of the fund shall
be the direct responsibility of a trust committee as hereinafter described,
subject only to the right of the Township Supervisors to select the
banking institution used as a depository and replace same at their
sole discretion.
B.
Assessments. The following assessment shall be paid on a quarterly
basis directly to the fund for immediate deposit into the fund:
(1)
Until such time as the fund balance equals or exceeds $500,000,
each operator of a permitted facility shall pay an amount equal to
105% of gross revenues received from generators for processing and
disposal of hazardous waste at the permitted facility.
(2)
After the fund balance equals $500,000 and until such time as
the fund balance equals $5 million each operator of a permitted facility
shall pay an amount equal to 5% of gross revenues received from generators
for processing and disposal of hazardous waste at the permitted facility.
(3)
Annual interest earned by the fund will remain in and be added
to the balance of the fund until the fund balance equals $5 million.
After the fund balance equals $5 million the annual interest will
be paid from the find to the permittee pro-rated, provided that the
fund maintains a balance of $5 million and the Supervisors choose
not to exercise the power herein conferred to increase the required
balance of the fund. The Supervisors may hereafter, by resolution,
increase or decrease the amount of the percentage assessment to replenish,
maintain or build the fund to an adequate balance to meet the purposes
of the fund or increase or decrease the required amount of the fund.
C.
Administration. The fund shall be administered by a trust committee
for the uses set forth in this subsection. The trust committee shall
consist of three members and decisions regarding the administration
of the fund and payments therefrom shall be by majority vote. Membership
shall be comprise of one Township supervisor or designate, a trust
officer from the banking institution into which the fund is deposited
and a representative of the permittee. Decisions of the trust committee
are final and binding upon applicants to the fund.
D.
Uses of the Fund.
(1)
Excess Liability. In the event that a claim against a generator,
transporter, processor, storer or disposal operator is reduced to
judgment and the judgment creditor has completed garnishment and execution
procedures against all insurance policies, funds and assets of the
judgment debtor, then the fund may be garnished to satisfy any excess
unsatisfied judgment for compensatory damages. The fund shall not
operate as excess to any coverage or assets for judgments predicated
on punitive damages.
(2)
Insufficient Funds. In the event that a permitted operator is
ordered by any court or federal, state or local agency to clean up
improperly managed hazardous waste and the party that caused the damages
is determined to lack sufficient funds, assets or insurance coverage
to perform the necessary operations effectively and no other federal
or state monies are available for that purpose, then the Committee
may apply necessary funds to the maximum of the balance of the fund
to effectuate a cleanup without prejudice to the right of the fund
to recover cleanup costs from the party that caused the damages.
(3)
The Committee shall have the discretion to reimburse the Township
General Fund upon request of the Township Supervisors for expenditures
made in furtherance of the purposes of this Part not otherwise reimbursed
or for other purposes as then deemed necessary to promote and protect
the public health, safety and welfare.
(4)
The trust shall use the fund as an operating bond as set forth in Subsection 15 of this Part and thereafter as security for continued compliance with the other terms of this Part.
(5)
Small Claims. Claims in an amount equal to or less than the
prevailing limits subject to arbitration in Crawford County (presently
$5,000) may be made by any aggrieved or injured party directly to
the fund by application to the trust committee which shall hold hearings
and render decisions within 30 days of proper application. The Township
Supervisors shall hereafter, by regulations, devise suitable procedures
for fair hearings and the trust committee shall be governed thereby.
(6)
Termination of the Fund. The fund shall be maintained for a
period of 30 years following closure of the site or release of the
applicant from further liability by the Pennsylvania Department of
Environmental Protection. Thereafter, upon complete and unqualified
discharge of the permittee from any and all liability from claims
by all persons or entities and upon discharge under all bonds and
by the applicable state and federal regulatory agencies the balance
of the fund shall be paid over to the permittee.
(7)
Liability of Fund. The existence of this fund shall not render
the Township or any other assets or resources of the Township liable
for payment of any claims arising from the generation, transportation,
processing or disposal of hazardous waste. The liability of the fund
to discharge the purposes of this Part shall be limited to the amount
actually in the fund. No person shall make claim directly against
the fund; the fund shall be only used as set forth below.
14.
Cooperative Agreements. The applicant shall be required to enter
into an agreement or agreements with the Township in a form or forms
satisfactory to the Township to minimize or eliminate local concerns
regarding the operation of the facility. Execution by the applicant
of any such agreement shall be a prerequisite to the issuance or reissuance
of any permit required hereunder. Such agreement shall include but
not be limited to:
A.
Elements of the disaster control plan.
B.
Matters pertaining to the compliance monitor and payment for independent
chemical analysis.
C.
Matters pertaining to assessments and collection thereof for the
fund created elsewhere in this chapter.
D.
Matters pertaining to the economic considerations set forth in Subsection
13C of this section.
15.
Temporary Operating Bond. The applicant shall file with the Township
a bond on a form prescribed and furnished by the Township, payable
to the Township conditioned so that the applicant shall comply with
the requirements of this Part and all applicable federal and state
laws. Liability under such bond shall be for the duration of the operation
and for a period of up to 10 full years after final closure of the
site or for so long after closure as the Township determines the permit
site is likely to constitute a significant threat to the public health,
safety or welfare or to the environment. Such bond shall be executed
by the applicant and a corporate surety license to do business in
the Commonwealth; provided, however, that the applicant may elect
to deposit cash, certificates of deposit or negotiable bonds of the
United States Government or the Commonwealth of Pennsylvania in an
amount equal to the sum of the bond. The applicant shall, prior to
commencing operation, deposit $10,000 or 25% of the amount of the
bond, whichever is greater. Interest accumulated by such collateral
shall become a part of the bond. The Township may require additional
bonding at any time to meet the intent of this Subsection. If the
applicant abandons the operation of the facility, fails or refuses
to comply with the terms of this Part or violates any federal or state
act pertaining to the operation of the facility the Township shall
declare the bond forfeited. When the balance of the ERC & L Fund
equals or exceeds $10,000 or 25% of the amount of the bond the Township
may discharge the bond on the condition that the trust agrees to treat
the first $10,000 of the fund as a bond for purposes of this Subsection.
[Ord. 1983-1, --/--/1983, § XII]
1.
Any person who feels aggrieved by any action of the Township may
within 10 days of the act for which redress is sought appeal to the
Board of Supervisors, in writing, setting forth in a concise statement
the act being appealed and the ground for its reversal.
2.
The Board of Supervisors shall, within 10 days following the receipt
of each written appeal, schedule a hearing date and notify the appellant
in writing of the date and time of the scheduled hearing. The appellant
may appear on his own behalf or through counsel and may present his
witnesses.
3.
Within 10 days following the date of such hearing the Township shall
notify all parties in writing of the determination of said hearing
and the reason therefore.
