This article shall be known and may be cited as "Colebrookdale Township Landfill Ordinance."
[Adopted 3-4-1985 by Ord. No. 3-85]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meanings indicated herein:
The Board of Commissioners of Colebrookdale Township.
A facility, or part of a facility, at which waste is placed into or on any land 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 waste which by virtue of its quantity or content presents a hazard to the individuals handling it, a hazard to public health, or potential pollution to the air or waters of Colebrookdale Township, or makes land unfit or undesirable for normal use. Hazardous waste shall include but not be limited to all liquid wastes, sludges from industrial and municipal wastewater treatment and water supply treatment plants, pathological, biological, chemical, and radioactive wastes, and explosives, or any other waste which 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.
Tract of land upon which is located a landfill, including all structures and other appurtenances or improvements erected thereon.
Any individual, partnership, corporation, association, institution, cooperative enterprises, municipality, 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.
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.
Any waste, including but not limited to, garbage, refuse, discarded materials, and hazardous wastes.
[Amended 3-3-1986 by Ord. No. 4-86]
Colebrookdale Township, Berks County, Pennsylvania.
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.
Each application for a permit, or renewal application, shall be accompanied by a nonrefundable permit fee of $500, and a further escrow deposit of $10,000, both made payable to the Board in the form of a certified check or money order. Escrow 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.
Each permit shall be valid for two years 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.
A.
No application for a permit under this article shall be accepted by the Board unless the applicant has first obtained a Department of Environmental Protection permit in accordance with Chapter 75, Title 25 Rules and Regulations for Solid Waste Management. 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 be accompanied by the following documents:
(1)
Site Development Plan in accordance with §§ 475-15 and 475-16 of Chapter 475, Subdivision and Land Development, including but not limited to the following additional information:
(a)
Location of access, haul roads, parking lots, and vehicular tire cleaning areas, including grading and stormwater management.
(b)
Location and elevation of all proposed structures, including fences, gates, weighing scales, and utility service.
(c)
Landfill areas within landfill site to include staging of landfill development.
(d)
Analysis of wind data, determining prevailing wind directions and provision of appropriate wind barriers, including plant buffers and earth berms.
(e)
Vicinity map at a scale of no less than one inch equals 200 feet of the area within one-mile radius of the proposed sanitary landfill site. Vicinity map shall show all existing features, including farms, schools, churches, cemeteries, streams, lakes, land use patterns, roadways, and bridges with posted restrictions.
(3)
Groundwater study, analyzing existing groundwater flow, level and quality within 200 feet of the proposed sanitary landfill site. Groundwater sampling shall be done in monitoring wells located every 100 feet within the 200 feet area. All wells to be drilled at least 15 feet below the elevation of the lowest point in the proposed landfill site. Groundwater flow, quality, and level shall be inventoried and data submitted to Township. Once landfill is in operation, such data should be submitted monthly.
(4)
A detailed written fire protection plan outlining procedures and equipment to be used to extinguish fires.
(5)
Ownership/operator disclosure:
(a)
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;
(b)
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(5)(a) above, where such persons or firms possess an ownership interest of 10% or more;
(c)
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;
(d)
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 answer to Subsection B(5)(c) above, where such persons possess an ownership interest of 10% or more; and
(e)
The identities and qualifications of personnel designated to manage the proposed facility, together with their intended responsibilities.
(6)
Post closure plan. Information shown shall include but not be limited to the following:
(a)
Analysis of useful life of landfill.
(b)
Final grading, ground cover, stormwater management, and landscaping.
(c)
Decomposition gas management and leachate treatment.
(d)
Plan outlining continuation of groundwater monitoring on a yearly basis for 25 years after closing of landfill.
(e)
Posting of a bond to cover 120% of costs of land restoration, decomposition gas management, leachate treatment, and continuing groundwater monitoring. Amount of bond to be approved by Township Engineer.
A.
Hours of operation to be between 7:00 a.m. and 5:00 p.m. Mondays through Fridays, and 8:00 a.m. to 12:00 noon Saturdays. Landfill not to be operated on Sundays and legal holidays.
B.
The entire landfill site shall be surrounded by an eight-foot-high solid fence. Fence shall contain, at all entrances, gates which are locked except during business hours.
C.
No landfill operation, sanitary or otherwise, shall be within 500 feet of any residential or commercial zoning district boundary line.
[Amended 3-3-1986 by Ord. No. 4-86]
D.
Setback from any street lines, property boundaries, or zoning district boundaries shall be 500 feet.
[Amended 3-3-1986 by Ord. No. 4-86]
E.
Minimum site area = 100 acres.
F.
Parking. One space per employee and five visitor spaces.
G.
Provision of one emergency access in addition to main access. One key to emergency access gate shall be given to the Township Police Department.
H.
Main access road to be 24 feet wide, consisting of six inches 2A modified stone base, five inches bituminous concrete base, 1 1/2 inches ID-2 binder, and one inch ID-2 wearing surface.
I.
The grade of the landfill shall never exceed the highest point of natural elevation within the landfill site prior to commencement of the operation.
J.
The landfill shall contain an on-site scale, and all solid waste delivered to the site shall be weighed and recorded pursuant to § 450-11 of this article.
K.
Standby equipment shall be on-site or available within 24 hours of equipment failure.
L.
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 minimum distance of 50 feet.
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 article.
No permit issued by the Board shall be transferable by the permittee to any other person unless such a transfer is authorized by the Board. Any permittee 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 article, by the transferee.
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.
Every person who has obtained a permit under this article, 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.
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 article. The inspector is required to submit monthly reports in writing to the Board concerning the condition of the landfill and 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, 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 chapter or any other ordinance of the Township, the Pennsylvania Solid Waste Management Act,[1] or the regulations or standards established by the Pennsylvania Department of Environmental Protection. 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 to approve, amend, or disapprove the action taken by the landfill inspector. Failure by the Board to act within the ten-day period shall be deemed to be a disapproval of the action taken by the landfill inspector.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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 article. 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.
[Amended 4-2-1990 by Ord. No. 5-90; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
In addition to the remedies provided above, any continued violations of this article 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.
A.
Any permit granted by the Board under the provisions of this article shall be revocable, or subject to suspension, at any time, upon the determination by the Board that the landfill or landfill site:
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 revoke. 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.
Permittee shall restore the landscape of any landfill site before vacating the premises, in accordance with an approved post-closure plan.
The Board may, in its discretion, hold a public hearing on the questions of:
Disposal of hazardous waste, on any landfill site within 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.[1] Once said certificate has been obtained, all provisions of this article shall apply to said disposal.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
All permit holders under the provisions of this article shall furnish proof to the Board of liability insurance covering all aspects of their activities under this article. 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 article 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 article shall be maintained by the permit holder throughout the entire period of the landfill operation.
The provisions of this article are severable, and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions or parts thereof of this article.
Nothing in this article 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.
This article shall take effect immediately upon its passage.