This chapter shall be known and may be cited as Union Township's
"Dust Control Ordinance of 2017."
The Board of Supervisors of Union Township, under, and by virtue
of and pursuant to, the authority granted by the Second Class Township
Code, does hereby enact and ordain this chapter.
Whereas the Board of Supervisors of Union Township has determined
that fugitive dust emissions may be detrimental to the health, comfort,
living conditions, welfare, and safety of the citizens of Union, it
is hereby declared to be the policy of the Township to safeguard the
citizens of Union from the same.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
BOARD
Union Township Board of Supervisors.
DUST PALLIATIVE
A substance used to abate the dispersion of particulate matter
into the air. Dust palliatives for use on roads and other surfaces
may be water or other substances approved by PennDOT, the Department
of Environmental Protection ("DEP") and/or the Township Engineer.
FUGITIVE DUST
An air contaminant of the outdoor atmosphere not emitted
through a flue, including, but not limited to, industrial process
losses, stockpile losses, re-entrained dust, and construction/demolition
activities. Such fugitive dust shall be considered a nuisance as defined
by the Second Class Township Code and the Township's general Nuisance Ordinance.
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
ROADS AND STREETS
This includes public and private roadways, paved and unpaved
parking areas, racetracks of any kind, and land used for recreational
purposes.
TOWNSHIP
Union Township, Washington County, Pennsylvania.
USED OIL
A petroleum-based or synthetic oil which is used in an internal
combustion engine as an engine lubricant, or as a product for lubricating
motor vehicle transmissions, gears, or axles, which, through use,
storage, or handling, has become unsuitable for its original purpose
due to the presence of chemical or physical impurities or loss of
original properties.
WASTE OIL
Oil refined from crude oil or synthetically produced, used,
and as a result of the use, contaminated by physical or chemical impurities.
The term includes used oil or oil whose original purpose has been
completed and which is directed to a disposal or processing facility
or is otherwise disposed.
A person responsible for any source specified in §
119-5 shall take all reasonable actions to prevent fugitive dust from becoming airborne. These actions include, but are not limited to, the following:
A. Use, where possible, of water or approved dust palliatives for control
of dust must be approved by the Township Engineer. The dust palliative
used and the method of application must be one which is approved by
the Township and/or its Engineer. The use of waste oil as a dust palliative
is prohibited without specific written approval provided by the Township
Engineer on a case-by-case basis.
B. Immediate removal of earth or other material from paved streets onto
which earth or other material has been transported by trucking or
earthmoving equipment, erosion by water, or other means and can reasonably
lead to a violation of this chapter.
A violation of this chapter or of any order issued by the municipality under this chapter shall constitute a public nuisance. Union Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, Union Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in §
119-12. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.