[Ord. No. 90, 9/24/1982]
This Part shall be known and may be cited as "Amity Township
Landfill Ordinance."
[Ord. No. 90, 9/24/1982]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings indicated
herein:
All roads, either public or private, within the Township
which are used by vehicles weighing over 20,000 pounds, loaded, to
transport solid waste to a landfill.
The Board of Supervisors of the Township.
A facility, or part of a facility, at which waste is placed
into or on any land or water and at which waste will remain after
closure.
All land, structures and other appurtenances or improvements
on a property where solid waste is processed, stored or disposed.
Any cartway within the landfill which shall be constructed
for utilization in all weather conditions.
Any garbage, refuse, sludge from an industrial or other waste
water 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 not including 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:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
A disposal facility or part of a facility where solid waste
is placed in or on land.
A tract of land upon which is located a landfill, including
all structures and other appurtenances or improvements erected thereon.
A continuous layer of materials constructed beneath a landfill
which prevents the downward or lateral escape of solid waste, solid
waste constituents or leachate.
A city, borough, incorporated town, township or county, or
any authority created by any of the foregoing.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, federal government or agency,
state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject or rights and duties.
A land site on which engineering principles are utilized
to bury deposits of solid waste without creating public health or
safety hazards, nuisances, pollution or environmental degradation.
The uncontrolled removal of material from a landfill site.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The Township of Amity, Berks County, Pennsylvania.
[Ord. No. 90, 9/24/1982]
It shall be unlawful for any person or business entity to use
or continue to use land within the Township as a landfill, sanitary
or otherwise, without first obtaining a permit therefor from the Board.
Said permit may be obtained only by a municipality.
[Ord. No. 90, 9/24/1982]
Each application for a permit, or renewal application, shall
be accompanied by a permit fee of $500, and a further deposit of $10,000,
both made payable to the Board in the form of a certified check or
money order, to be applied against the actual cost to the Township
of technical review of the application and impact statement. A refund
of the excess of the deposit over the actual cost of technical review
will be made to the applicant.
[Ord. No. 90, 9/24/1982]
Each permit shall be valid for one year from the date of issuance.
The permit holder desiring to renew an existing permit shall complete
and submit to the Board an application at least 90 days before the
expiration date thereof and shall tender with each application such
permit fees as are required herein.
[Ord. No. 90, 9/24/1982]
(a)
No application for a permit under this Part shall be accepted by
the Board unless the applicant has first obtained a conditional use
permit from the Board. All permit fees submitted with a permit application
or renewal application are nonrefundable, even if the permit is denied
or subsequently suspended or revoked.
(b)
The application for a permit shall be submitted in writing to the
Board, and shall contain:
(1)
A topographical drawing, prepared by a professional engineer
registered in the State of Pennsylvania, to a scale no greater than
one inch equals 100 feet, showing:
(i)
Location of site relative to public roads;
(ii)
Owners of adjacent properties;
(iii)
Proposed fencing and improvements;
(iv)
Proposed screening;
(v)
Cross sections showing the existing grades and the proposed
grades upon completion and closure of the landfill;
(vi)
Landfill areas within the landfill site, to include staging
of landfill development and the location of haul roads and access
roads;
(vii)
Location of equipment cleaning and tire cleaning
areas; and
(viii)
Location of weighing scales, fire fighting equipment
and all facilities.
(2)
The names and current addresses of any and all persons who own
any interest, real or equitable, in the real estate which is the subject
of the application.
(3)
The names and current addresses of any and all persons having
any ownership interest in any corporations or other business entities
which may be set forth in answers to Subsection (b) above, where such
persons or firms possess an ownership interest of 10% or more.
(4)
The names and current addresses of any and all persons having
any interest in the operation or proposed operation, maintenance and
use of the real estate in question as a landfill.
(5)
The names an current addresses of any and all persons having
any ownership interest in any corporations or other business entities
which may be set forth in answer to Subsection (b)(4) above, where
such persons possess an ownership interest of 10% or more.
(6)
The identities and qualifications of personnel designated to
manage the proposed facility, together with their intended responsibilities.
(7)
All requirements of the Pennsylvania Solid Waste Management
Act and regulations and standards of the Department of Environmental
Resources relating to solid waste processing and disposal systems
are incorporated herein by reference, and the applicant shall be required
to submit any and all plans, applications, data, materials, studies
and information to the Board as is required to be submitted to the
Pennsylvania Department of Environmental Resources pursuant to said
Act, regulations and standards. All such materials shall be certified
by the applicant to be true and correct copies of original materials
filed with that Department.
(8)
Statements indicating expected useful life of the landfill site
and the condition and proposed uses of said site upon termination
of operation, including but not limited to any limitations of future
uses due to decomposition gases.
(9)
An access road survey, which shall include the following:
(10)
Statement of applicants' prior experience, if any, in operating
landfills.
(11)
(i)
An environmental assessment statement, which shall include the
following:
a)
A description of the proposed landfill and facilities;
b)
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;
c)
The interrelationships and cumulative environmental (including
economic) impact of the proposed landfill and other landfills shall
be stated with adequate technical analysis;
d)
The sources of data used to identify, quantify or evaluate any
and all of environmental consequences must be expressly noted;
e)
The relationship of the proposed landfill to land use plans,
policies and controls for the affected area, including a statement
as to how the proposed landfill may conform or conflict with the objectives
and specific terms of existing or proposed federal, state, county
and Township land use plans, policies and controls;
f)
An analysis of:
1)
The primary and secondary effects of the landfill
and its capacity to stimulate or induce changes in patterns of social
and/or economic activities;
2)
The impact on existing community facilities and
activities, changes in natural conditions, etc.; and
3)
The effect on natural and cultural features such
as streams, mountains, historic sites, landmarks, principal roads,
lakes and towns.
g)
Specific data relating to the impact of the landfill on local
vehicular traffic;
h)
Specific data relating to the impact of the landfill on local
water supplies, streams and rivers;
i)
Specific data relating to the impact of the landfill on natural
and man-made local storm drainage facilities and areas;
j)
Specific data relating to the impact of the landfill on the
existing flood-hazard areas of the Township, including details of
any measures or precautions which may have to be taken in order to
provide adequate flood control in the Township;
k)
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 other avoidable adverse
effects will be mitigated;
l)
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. In this context,
the words short-term and long-term should be viewed in terms of the
environmentally significant consequences of the proposed action;
m)
The aesthetic impact of the proposed action, including its impact
upon visual quality of the surrounding community;
n)
An analysis of the success and/or failure of similar projects,
if the proposed project is of a nonconventional nature.
o)
A statement of any adverse effects on employment, taxes and
property values;
p)
A statement of any effects on desirable community growth; and
q)
A statement describing the location and impact of the project
on nearby recreation areas.
(ii)
In developing the above data, applicant shall
convey the required information succinctly 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, 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.
(iii)
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 decision making 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.
[Ord. No. 90, 9/24/1982]
(a)
Every person receiving a permit under this Part shall constantly
maintain the landfill site in accordance with any special provision
imposed by the Board and in the manner prescribed in this section
and any subsequent regulations adopted by the Board.
(b)
The following regulations shall apply to all landfills and landfill
sites:
(1)
The landfill shall be located so that safe and adequate access
is available over public roads at all times. In doing so, any access
road, as defined herein, to the proposed landfill shall be a minimum
of 24 feet in width and paved with bituminous or concrete materials
having a surface and base course of sufficient depth to withstand
traffic loads, determined by the number and weight of trucks anticipated
in a daily operation of the proposed landfill. The Board may further
require that the cost of improvement of access roads to provide this
standard of access shall be assessed against the permittee either
by requiring contribution of monies sufficient to pay for the improvements
to the access roads, or by assessing dumping fees on the operation
of said landfill sufficient to pay for the improvements to the access
roads. The permittee shall give written assurance that within one
year of the termination of the landfill operation all access roads
will be restored, if necessary, to their condition as existing immediately
prior to the commencement of the operation as determined by the Township
Engineer.
(2)
All trucks entering and leaving the landfill site shall be covered,
and all access roads, as defined herein, to the landfill shall be
patrolled daily to pick up and dispose of scattered and blowing papers
or other refuse.
(3)
The landfill site shall be properly fenced along the interior
boundary of the buffer zone to prevent blowing papers and other refuse
on adjoining properties. The fence shall be metal wire mesh constructed
of No. 9 gauge wire woven in a two-inch mesh in full conformance with
the American Society of Testing and Materials Specification A 491-71.
The surface height of the fence shall be eight feet plus an additional
minimum of three strands of barbed wire, installed, at least six inches
apart, onto brackets affixed to the top of the fence at an angle 45°
from vertical. The fence shall contain, at all entrances, gates which
are locked except during business hours. In addition, temporary litter
control fences shall be installed in such a manner as to prevent litter
from dispersing onto the landfill site, no more than 75 feet downwind
from the immediate operating area. The landfill site shall be adequately
policed, and all litter shall be collected weekly and incorporated
into the landfill.
(4)
The landfill shall not be located on land mapped by the Soil
Conservation Service as having either a high water table or seasonal
high water table or which is subject to flooding.
(5)
The landfill site shall be graded and provided with drainage
facilities to minimize runoff, prevent erosion and prevent collection
of standing water.
(6)
Burning and scavenging shall not be permitted.
(7)
Hours of operation shall be limited to 9:00 a.m. to 5:00 p.m.
Monday through Friday, and 9:00 a.m. to 12:00 p.m. Saturday. The landfill
site shall not be operated on Sundays and holidays. At least three
employees shall remain at the landfill site during business hours.
(8)
The landfill shall be located a minimum of 400 feet from any
other zoning district boundary line, and at least 500 feet from any
existing residence or any residence under construction at the time
of application.
(9)
The landfill shall be located a minimum of 200 feet from any
street not located within the landfill site and 200 feet from any
adjoining property line.
(10)
Maximum lot size shall be 75 acres.
(11)
The landfill, as well as all improvements erected on the landfill
site, shall be screened from view from the adjoining property boundaries
by a buffer zone of a minimum of 200 feet between said site and improvements,
and any adjoining property, in which shall be placed a planting screen
consisting of a variety of evergreen trees in a solid double row with
a minimum height of nine feet so as to create a visual screening of
said site and improvements from all adjoining real property.
(12)
Emission of unpleasant gases or odorous matter shall not be
permitted in such quantities as to be offensive outside the boundaries
of the landfill site. The sound pressure level of any operation within
the landfill site shall not exceed, at any point along the landfill
site boundary, the decibel levels in the following octave bands:
|
Octave Bank
(cycles per second)
|
Maximum Permitted Sound Level
(decibels)
|
|---|---|
|
10 to 600
|
45
|
|
600 to 2,400
|
33
|
|
2,400 to 4,800
|
30
|
|
Above 4,800
|
25
|
(13)
The grade of the landfill shall never exceed the highest point
of natural elevation within the landfill site prior to commencement
of the operation. The final grading of the landfill shall be done
in a manner so that the landfill site is left in a useful condition.
Owners and operators of the proposed landfill site are encouraged
to provide for the future dedication of properties used for landfill
purposes to the Township for park and recreational facilities.
(14)
Wherever possible, the trench method of landfill shall be used.
In the trench method, refuse is placed in a trench, compacted and
covered in longitudinal cells. Cover material is obtained by the excavation
of a parallel trench. The area method of landfill shall be used where
the trench method would be impractical due to topographical or other
conditions. The area method involves the filling and covering of existing
ravines or other low places.
(15)
All solid waste shall be deposited in trenches or low places,
and shall be spread, compacted and covered by the end of each day
with a layer of dirt at least four inches to six inches deep.
(16)
All equipment on the landfill site shall be maintained in a
clean and neat condition and stored under roof when not in use.
(17)
Necessary measures shall be taken to prevent and extinguish
fires. Water at adequate volume and pressure, as determined by the
Board, to supply water hose streams, or foam producing equipment or
water spray systems, as well as necessary equipment, compatible with
local fire department equipment, such as hoses, nozzles and pumps
for minimizing fire hazard shall be available at the site. All equipment
and buildings shall be equipped with functional fire extinguishers.
At least three functional Scott Air Packs shall be housed at the landfill
site. All employees shall, prior to commencing work at the landfill
site, undergo a training program, in cooperation with local fire departments,
designed to teach basic fire fighting techniques.
(18)
The landfill shall contain an on-site scale, and all solid waste delivered to the landfill site shall be weighed and recorded pursuant to § 12-211 of this Part.
(19)
A certified copy of all reports, data, plans and other material
or information required to be submitted to Pennsylvania Department
of Environmental Resources shall be submitted to the Board.
(20)
A tire cleaning area shall be provided on the access road within
the landfill site. All tires on all trucks leaving the landfill site
shall be cleaned. Runoff from the tire cleaning area shall be controlled
in accordance with the provisions of the Pennsylvania Storm Water
Management Act.
(21)
Landfill liners, when required by the Pennsylvania Department
of Environmental Resources, shall be constructed of synthetic flexible
polymeric material having a minimum field thickness of 60 mils.
(22)
An equipment cleaning area shall be provided on the landfill
site. All equipment used to grade and compact solid waste in the landfill
shall be cleaned daily to prevent odors, vectors and other nuisances.
All drainage from equipment cleaning areas shall be managed so as
to prevent water pollution, and shall be discharged to a sanitary
sewer system or other facilities approved by the Board.
(23)
Groundwater monitoring wells shall be required and shall be
located both along the interior boundary lines of the buffer zone
and outside the boundary lines of the landfill site as determined
by the Township engineer. The water in each well shall be tested by
the permittee monthly for all items listed in the regulations of the
Pennsylvania Department of Environmental Resources, and for all other
additional items as may be required by resolution of the Board. The
test result shall be submitted, in writing, to the Board within 10
days after the date of each test.
(24)
All facilities, equipment and personnel shall be equipped with
both an internal communications or alarm system capable of providing
immediate emergency instruction (voice and signal) to facility personnel,
and a device immediately available at the scene of operations, such
as a telephone or a hand-held two-way radio, capable of summoning
emergency assistance from local police and fire departments.
(25)
The landfill site shall have at least one emergency access entrance,
which shall be locked except when used during an emergency situation.
Permittee shall provide a key to this entrance to both the landfill
inspector and the local fire departments.
(26)
Sanitary toilet facilities, as approved by the Board, shall
be constructed and made available for use by persons on the landfill
site.
(27)
Permittee shall prepare, and update when needed, a detailed
map of all haul roads within the landfill. This map shall be submitted
to the local police and fire departments within 10 days of its completion
or update.
(28)
Upon completion of each major phase of landfill construction,
certification shall be provided by a professional engineer registered
in the State of Pennsylvania, indicating that the actual landfill
construction was observed by such engineer or his agents, and that
said construction is in strict conformance with permit requirements
of both the Pennsylvania Department of Environmental Resources and
ordinances of the Township.
(29)
Standby equipment shall be on-site available within 24 hours
of equipment failure. In the event of equipment failure, standby equipment
shall be utilized.
(30)
Hours of operation and operating fee rates shall be prominently
displayed on a sign at the entrance. The sign shall be a minimum size
of three feet by four feet, and the lettering shall be readable with
the naked eye from a distance of 50 feet.
[Ord. No. 90, 9/24/1982]
Within 90 days of the receipt of an application for a permit
by the Board, the Board shall issue a permit or shall refuse to issue
a permit to the applicant after an examination of the application
and after determination that the applicant has complied with regulations
in this Part.
[Ord. No. 90, 9/24/1982]
No permit issued by the Board shall be transferable by the permittee
to any other municipality unless such a transfer is authorized by
the Board. Any municipality desiring to transfer his permit shall
notify the Board in writing, which notification shall be accompanied
by an application for a permit, as prescribed by this Part, by the
transferee.
[Ord. No. 90, 9/24/1982]
In the event the Board shall approve the transfer of a permit,
the transferee shall immediately pay to the Township a transfer fee
of $1,500.
[Ord. No. 90, 9/24/1982]
Every person who has obtained a permit under this Part shall
provide and keep a book. Permittee shall be responsible for the accuracy
of all information contained in the book. The book shall contain the
following information written down in the English language:
(a)
The origin of all solid waste accepted by the landfill site;
(b)
The weight of all solid waste accepted by the landfill site;
(c)
The number of trucks bringing solid waste to the landfill site;
(d)
The number of vehicles other than trucks bringing solid waste to
the landfill site;
(e)
The type of solid waste accepted by the landfill site;
(f)
A complete record of all monies accepted by the landfill operation
for solid waste brought to the landfill site; and
(g)
The name, home address and telephone number of the driver of each
vehicle and license number of each vehicle bringing solid waste to
the landfill site.
[Ord. No. 90, 9/24/1982]
(a)
The Board shall appoint or hire a full-time landfill inspector, who
shall be required to regularly oversee and inspect the landfill operation,
the landfill site and all vehicles entering or leaving the landfill
site to monitor compliance with the regulations contained in this
Part. The inspector is required to submit monthly reports in writing
to the Board concerning the condition of the landfill and the landfill
site.
(b)
The permittee shall at all times allow the landfill inspector access
to the following:
(1)
All records, data, material, books and other information kept
or maintained by the permittee;
(2)
All areas of the landfill site, including but not limited to
the landfill and all solid waste delivered to or disposed in the landfill;
and
(3)
All equipment, vehicles, buildings or other improvements and
appurtenances located on the landfill site, including but not limited
to all vehicles entering or leaving the landfill site.
(c)
The permittee shall provide a permanent office within the landfill
site for use exclusively by the landfill inspector. The office shall
be at least 10 feet by 10 feet, shall contain, at a minimum, a desk,
a chair and adequate lighting, heat and air conditioning, and shall
be located at a place specified by the Board.
(d)
The landfill inspector shall have authority to order the permittee
to cease all operations at the landfill site and to order permittee
to lock all entrances to the landfill site if the landfill inspector
has reasonable cause to believe that the landfill site is, or has
been, operated in violation of this Part or any other ordinance or
regulation of the Township, the Pennsylvania Solid Waste Management
Act, or the regulations or standards established by the Pennsylvania
Department of Environmental Resources. The landfill inspector shall
immediately notify the Board of the action taken, and the Board shall,
within 10 days of the notification by the landfill inspector, act
or approve, amend or disapprove the action taken by the landfill inspector.
Failure by the Board to act within said ten-day period shall be deemed
to be a disapproval of the action taken by the landfill inspector.
[Ord. No. 90, 9/24/1982]
The Board shall levy an operating fee based upon the amount
of solid waste disposed on the landfill site, which fee shall be used
to administer this Part. The operating fee shall be established by
resolution of the Board. Said fees shall be collected by the permittee
from all persons delivering solid waste to the landfill site, and
shall be submitted to the Board monthly.
[Ord. No. 90, 9/24/1982]
Any person who shall violate any of the provisions of this Part
shall, upon conviction thereof, by a summary proceeding, be sentenced
to pay a fine of not more than $1,000, and the costs of prosecution,
or sentenced to confinement in the Berks County Prison for a period
not exceeding 30 days, provided that each day's violation of
any of the provisions of this Part shall constitute a separate offense.
[Ord. No. 90, 9/24/1982]
In addition to the remedies provided above, any continued violations
of this Part which shall constitute a nuisance in fact or which shall,
in the opinion of the Board, constitute a nuisance, may be abated
by proceeding against the violator in a court of equity for relief.
[Ord. No. 90, 9/24/1982]
(a)
Any permit granted by the Board under the provisions of this Part
shall be revocable or subject to suspension, at any time, upon the
determination by the Board that the landfill or landfill site:
(1)
Is or has been conducted in violation of this Part or any other
ordinance or regulation of the Township or of the Pennsylvania Solid
Waste Management Act, or the regulations or standards of the Pennsylvania
Department of Environmental Resources; or
(2)
Is creating a public nuisance; or
(3)
Is creating a potential hazard to the public health, safety
and welfare; or
(4)
Adversely affects the environment.
(b)
When a permit is denied, suspended or revoked, a hearing shall be
held thereon before the Board within 15 days after request therefor
is made by the person or business entity whose permit is denied, suspended
or revoked. Within seven days following the date of such hearing the
Board shall notify all parties in writing of the determination of
said hearing and the reasons therefor.
[Ord. No. 90, 9/24/1982]
Permittee shall restore the landscape of any landfill site before
vacating the premises, which restoration shall include, but not be
limited to, planting of trees and shrubs of a species approved by
the Board.
[Ord. No. 90, 9/24/1982]
The Board may, in its discretion, hold a public hearing on the
questions of:
[Ord. No. 90, 9/24/1982]
Disposal of hazardous waste, as defined by the Pennsylvania
Solid Waste Management Act, on any landfill site with the Township
is hereby prohibited, unless a certificate of public necessity has
been obtained in accordance with the requirements established by the
Pennsylvania Solid Waste Management Act. Once said certificate has
been obtained, all provisions of this Part shall apply to said disposal.
[Ord. No. 90, 9/24/1982]
All permit holders under the provisions of this Part shall furnish
proof to the Board of liability insurance covering all aspects of
their activities under this Part. A personal injury policy shall be
obtained in the amount of at least $1,000,000 per person or $3,000,000
per accident. A property damage policy shall be obtained in the amount
of at least $1,000,000 per accident. A disaster policy shall be obtained
in the amount of at least $30,000,000 which policy shall provide for
environmental restoration in the event of sudden and accidental, or
gradual, pollution caused by discharge, dispersal, release or escape
of pollutants. All policies required by this Part shall have a minimum
cancellation period of not less than 30 days after receipt in writing
of the notice of cancellation by the Board. All policies required
by this Part shall be maintained by the permit holder throughout the
entire period of the landfill operation.
[Ord. No. 90, 9/24/1982]
The provisions of this Part are severable, and if any provision
or part thereof shall be held invalid, unconstitutional or inapplicable
to any person or circumstances, such invalidity, unconstitutionality
or inapplicability shall not affect or impair the remaining provisions,
sections or parts thereof of this Part.
[Ord. No. 90, 9/24/1982]
Nothing in this Part shall be deemed to affect, modify, amend
or repeal any provisions of any ordinance administered by the Board
or any other Department, Commission or Agency of this Township.
