[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:
ACCESS ROAD
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.
BOARD
The Board of Supervisors of the Township.
DISPOSAL FACILITY
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.
FACILITY
All land, structures and other appurtenances or improvements
on a property where solid waste is processed, stored or disposed.
HAUL ROAD
Any cartway within the landfill which shall be constructed
for utilization in all weather conditions.
HAZARDOUS WASTE
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:
(a)
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
(b)
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
LANDFILL
A disposal facility or part of a facility where solid waste
is placed in or on land.
LANDFILL SITE
A tract of land upon which is located a landfill, including
all structures and other appurtenances or improvements erected thereon.
LINER
A continuous layer of materials constructed beneath a landfill
which prevents the downward or lateral escape of solid waste, solid
waste constituents or leachate.
MUNICIPALITY
A city, borough, incorporated town, township or county, or
any authority created by any of the foregoing.
PERSON
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.
SANITARY LANDFILL
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.
SCAVENGING
The uncontrolled removal of material from a landfill site.
SOLID WASTE
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
TOWNSHIP
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]
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]
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]
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:
(a) The proposed landfill's effect on the water, noise and air pollution
and on environment, landscape and the health, safety and welfare of
the people in the Township; and
(b) Its effect on the economic development of the Township.
[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.