In expansion of the statement of community development objectives found in Article I, § 285-3, of this chapter, it is the intent of this article to provide regulations for the processing, treatment, storage and disposal of solid waste in the Township encourage resource recovery, cogeneration of energy and recycling as a means of managing solid waste.
A.
To encourage resource recovery, cogeneration of energy
and recycling as a means of managing solid waste.
B.
To protect the public health, safety and welfare from
the impacts of transporting, processing, treating, storing and disposing
of solid waste and recyclable materials by establishing reasonable
and adequate performance standards for facilities permitted by this
chapter.
C.
To provide standards and criteria governing the location
and operation of solid waste disposal facilities and recycling facilities
where they are specified as permitted uses in zoning districts.
In addition to terms defined in Article V of this chapter, the following words and terms shall have the specified meanings in this chapter:
Land affected during the lifetime of operations, including
areas where disposal, storage, transfer, processing or composting
actually occurs, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated onsite or contiguous collection, transportation
and storage facilities, closure and postclosure care and maintenance
activities and other activities in which the natural land surface
has been distributed as a result of or incidental to the operation
of the facility.
The terms "applicant" and "occupant" shall be synonymous
and shall mean those individuals, authorities, private forms or others
who are responsible for making application(s) to the Board of Supervisors
and for operating the solid waste disposal facilities.
A recycling facility for the collection, sorting and short-term
storage of source-separated recyclable materials that handles less
than 250 tons per year of those materials.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility using land for processing of municipal waste by
composting. The term includes affected lands, as defined herein. The
term does not include a facility for composting residential municipal
waste that is located at the site where the waste was generated.
The deposition, injection, dumping, spilling, 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 waters of the commonwealth.
A composting facility other than a leaf composting facility.
An enclosed device using controlled combustion for the primary
purpose of thermally breaking down solid waste.
A facility for the assembly, storing and/or and short-term
storage of more than 250 tons per year of source-separated recyclable
materials and any amount of salvaged material, generally in preparation
for transfer to a materials processing center or primary user of those
materials. Includes "junkyard."
A facility for composting vegetative material, including
leaves, garden residue and clipped shrubbery and tree trimmings. The
term does not include a facility that is used entirely or partly for
composting grass clippings.
An industrial operation that converts recyclable materials
into a form suitable for use as a raw material.
A person or persons engaged in solid waste processing or
disposal.
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 materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities and resource recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be dispose or processed as municipal waste, or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and create or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
or supplement to virgin raw materials. The term includes affected
lands, as defined herein. The term shall not mean transfer stations
or landfills or solid waste nor comporting facilities or resource
recovery facilities.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off-site, including a facility that mechanically attracts materials
from municipal waste, a combustion facility that converts the organic
fraction of municipal of municipal waste to usable energy, and any
chemical and biological process that converts municipal waste into
a fuel product. The term includes any facility for the combustion
of municipal waste that is generated off-site, whether or not the
facility is operated to recovery energy. The term includes affected
lands, as defined herein. The term does not include:
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
The act of July 7, 1980 (P.L. 380, No. 97), as amended.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
A facility which receives and temporarily stores solid waste
at a location other than the generation site, and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal. The term includes affected lands, as defined
herein. The term does not include portable storage containers used
for the collection of municipal waste.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
dispose. The term does not include source-separated recyclable materials.
Waste is further classified as follows, in accordance with Act 101,
the Solid Waste Management Act.
AGRICULTURAL WASTEPoultry and livestock manure, or residual material in liquid or solid form generated in the production and marking of poultry, livestock, furbearing animals and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on the premises of a farm operation.
CLEAN FILLUncontaminated, nonwater-soluble, nondecomposable inert solid material used to level an area or bring the area to grade. Includes uncontaminated soil, rock, gravel, brick, block and concrete, as well as waste from clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
CONSTRUCTION/DEMOLITION WASTESolid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substance bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include "clean fill" separated from other waste.
Municipal or agricultural waste which because
of its quantity, concentration, 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.
The term does not include point sources subject
to permits under § 402 of the Federal Water Pollution Control
Act, as amended, or source, special nuclear or by-product material
as defined by the U.S. Atomic Energy Act of 1954, as amended.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste or other material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plan, wastewater treatment plant or air pollution control facility.
RESIDUAL WASTEGarbage, refuse or other discarded material or waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous.
SOLID WASTEWaste, including municipal, residual or hazardous waste.
[Amended 8-13-1998 by Ord. No. 98-4]
The following types of solid waste disposal
and recycling facilities, as defined herein, may be operated in the
zoning districts where they are specified as conditional uses:
A.
Solid waste disposal facilities, including incinerators,
comporting facilities, resource recovery facilities, salvage operations
and transfer facilities, provided:
(1)
Prior to the onset of operation of a solid waste disposal
facility, or expansion thereof, a permit must be obtained by the applicant
from the Pennsylvania Department of Environmental Protection for the
operation.
(2)
The Board of Supervisors and/or its authorized representatives
shall, from time to time, be permitted to inspect the solid waste
disposal and/or recycling facilities and operations to assure continued
compliance with this article, with the expenses of inspection to be
borne by the facility operator.
(3)
The Board of Supervisors reserves the right to own
and operate any and all solid waste disposal facilities in the Township,
including the rights to:
(a)
Buy and/or lease land for these purposes.
(b)
Choose operators such as Township employees
or authorities or by contracting with private firms or other legitimate
means.
(c)
Enter into agreements with adjoining communities
to handle their municipal waste.
(d)
Buy and/or lease equipment or contract with
private firms who will provide, operate and maintain equipment for
these purposes.
B.
Recycling facilities, including community drop-off
centers, intermediate processing centers and junkyard and material
processing centers.
The following standards shall apply to all solid
waste disposal facilities and recycling facilities:
A.
For solid waste disposal facilities:
(1)
Minimum lot size and width, exclusive of existing
rights-of-way of public roads. Ten acres with a minimum lot width
of 750 feet.
(2)
Building setback from ultimate right-of-way, any zoning
district boundary and any property boundary: 250 feet.
(3)
Side or rear setback for an accessory building not
associated with the operation of the solid waste facility: 100 feet.
B.
For recycling facilities, lot size and width, and
building setbacks in conformance with the requirements of the zoning
district that permits the use.
[Amended 8-13-1998 by Ord. No. 98-4]
In addition to complying with the regulations
of the U.S. Environmental Protection Agency, the Pennsylvania Department
of Environmental Protection, and other applicable federal and state
regulations, the following performance standards shall apply to solid
waste and recycling facilities:
A.
The use shall not:
(1)
Constitute a nuisance or damage to health or any property
by reason of dissemination of noxious, toxic or corrosive fumes, smoke,
odor, debris or dust in the immediately surrounding area or beyond
the district boundary line.
(2)
Result in noise or vibration clearly exceeding the
average intensity of noise or vibration occurring from other causes,
measured at the property line.
(3)
Endanger surrounding areas by reason of radiation,
fire or explosion.
(4)
Discharge any untreated or incompletely treated waste
into any stream; or otherwise cause or contribute to the pollution
of surface or underground waters.
(5)
Endanger the underground water level or supply for
other properties.
(6)
Create an objectionable traffic condition on the highways
or in an adjacent area; or generate a nuisance to surrounding property
by reason of traffic.
(7)
Create any objectionable condition in an adjoining
area which will endanger public health and safety or be detrimental
to the environmental quality of the surrounding area.
(8)
Include a municipal waste landfill unless it is a
part of a solid waste disposal facility, owned and operated by Upper
Frederick Township or its agent, and is used only as an accessory
to dispose of ash, residues, reject material and other bypassed solid
wastes as generated by a resource recovery and/or incineration facility.
(9)
Dispose of any solid waste other than municipal waste,
as defined herein, and the ash, residue, reject material and other
material generated from municipal waste.
B.
Vehicular access for solid waste facilities:
(1)
Any public road used to provide direct access to a
disposal operation for routine, daily use shall be paved and maintained
in good condition, in compliance with the standards of the Pennsylvania
Department of Transportation, for the type of heavy trucking which
are necessary for operation.
(2)
The Board of Supervisors may designate safe and adequate
access routes and prohibit the use of other roads, except for local
trash pickup purposes.
(3)
The minimum paved cartway for access roads shall be
26 feet, with four-foot wide improved shoulders on both sides.
(4)
The access driveway into the disposal facility shall
be of sufficient length that stopped disposal vehicles entering the
facility are not stopped along the public road outside the facility.
(5)
The costs of upgrading and maintaining major access
roads to the disposal operation shall be paid for by the disposal
operation in a means suitable to the Supervisors. Assessments and/or
dumping fees are examples of suitable methods.
C.
Security. The site shall be fenced and served by lockable
gates for security purposes. Scavenging shall not be permitted. In
addition, appropriate precaution shall be taken to prevent trash from
being scattered on the site by wind or other means. Fencing, walls
and other enclosures may be required for this purpose. Any scattered
litter shall be collected daily and be properly disposed.
D.
Grading. The disposal operation site shall be graded
and provided with appropriate drainage facilities to minimize run-off,
prevent erosion and prevent collection of standing water, except in
basins designed for that purpose.
E.
Screening.
(1)
A solid waste disposal facility site, including all
improvements thereon, shall be screened from view from adjoining residential
or institutional uses or districts by a buffer zone of a minimum 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, and shade trees, two-inch caliper
by a minimum height of eight feet, informally arranged, in a number
equivalent to one tree per 50 linear feet of buffer.
(2)
Materials collected, stored or processed at a recycling
facility shall be screened from view from adjacent roads or properties
by complete enclosure in a building, opaque screening by solid fencing,
walls or dense vegetation, or by location on a site such that the
operation is not visible or is screened by existing vegetation on
the site.
F.
Elevation. The highest elevation of the accessory
landfill shall never exceed 35 feet above the highest point of natural
elevation within the landfill area of the site before the disposal
operation began. Final grading of the landfill area shall be done
in a manner which leaves the site potentially useful. New landscaping
shall be planted to protect against erosion and improve the appearance
of the land after final grading.
G.
Equipment housing. Equipment not in use shall be housed
in onsite buildings.
H.
Fire safety. All buildings shall be equipped with
fire and smoke detection and extinguishing facilities in compliance
with the regulations of the Pennsylvania Department of Labor and Industry,
the National Fire Protection Association and/or other more stringent
regulations, if determined appropriate by the Board of Supervisors.
I.
Scales. An onsite scale shall be used to weigh all
solid waste delivered to a site and accurate and complete records
shall be maintained by the operator, and which records shall be available
for inspection by the Board of Supervisors upon request.
J.
Availability of records. A certified copy of all reports,
data, plans and other material or information required to be submitted
to the Pennsylvania Department of Environmental Protection shall also
be submitted to the Board of Supervisors.
K.
Tire cleaning. A tire cleaning area shall be provided
on the access road within a solid waste disposal site. All tires on
all trucks leaving the disposal site shall be cleaned. Runoff from
the tire cleaning area shall be controlled in accordance with the
provisions of the Pennsylvania Stormwater Management Regulations.
L.
Equipment cleaning. An equipment cleaning area shall
be provided on the site. All equipment used in the disposal operation
shall be cleaned daily to prevent odors and other nuisances or health
hazards. All drainage from equipment cleaning area 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 of Supervisors.
M.
Groundwater monitoring. At the site of a solid waste
disposal facility, 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 site as determined
by the PaDEP. Copies of PaDEP monitoring reports shall be promptly
provided to the Board of Supervisors. Any unsafe conditions shall
be reported immediately to the Board of Supervisors.
N.
Emergency systems. All solid waste disposal facilities,
equipment and personnel shall be equipped with both an internal communications
or alarm system capable of providing immediate emergency instruction
(voice or signal) to facility personnel, and a device immediately
available at the scene of operations, such as a telephone or a handheld
two-way radio, capable of summoning emergency assistance from local
police and fire departments.
O.
Emergency access. A solid waste disposal facility
site shall have at least one emergency access entrance, which shall
be locked except when used during an emergency situation. The operator
shall provide a key to this entrance to the Board of Supervisors.
P.
Sanitary toilet facilities, as approved by the Board
of Supervisors, shall be constructed and made available for use by
persons on the site.
Q.
The applicant shall demonstrate to the Board of Supervisors
that:
R.
In order to determine that adequate safeguards are
provided, the Board of Supervisors may require that:
(1)
The applicant submit necessary information, impartial
expert judgments and written assurances.
(2)
The applicant obtain the advice of appropriate local,
state and federal agencies and of private consultants.
(3)
The applicant's proposed use(s) comply with such tests
or provides such safeguards in addition to those listed herein, as
deemed necessary by the Supervisors, upon the advice of the Township
Engineer.
In addition to complying with the standards of this article and of § 285-61, herein, applications for a conditional use for solid waste disposal facilities shall provide the information, comply with the requirements, and be evaluated by the Board of Supervisors in accordance with the standards, criteria, requirements and regulations of this section.
A.
Plan conformance. The applicant shall provide a statement
identifying the relationship of the proposed use to land use plans,
policies and controls for the affected area, including a statement
as to how the proposed use may conform or conflict with the objectives
and specific terms of existing or proposed federal, state, county
and Township land use and/or solid waste plans, policies and controls,
including a statement of the following:
B.
Separation. No land shall be actively used for solid
waste disposal within 300 feet of an existing residence, or within
1/4 of a mile of an existing school or institutional zoning district.
Inactive buffer and/or landscaped areas of the waste disposal site
may be counted toward the total separation.
C.
Traffic. The existing public road system must be able to accommodate the traffic generated by the use in a safe and efficient manner Existing residential areas shall not be infringed upon by traffic from the proposed facility. In order to fully evaluate this, the Board of Supervisors may request a traffic impact statement in accordance with the provisions of § 285-73.
(1)
The study must demonstrate that the proposed use will
not adversely affect surrounding areas of traffic circulation generally
in the Township; or else identify any traffic problems that might
be caused or aggravated by the proposed use and delineate solutions
to those problems. Based upon the findings of the study the Board
of Supervisors may require other improvements both onsite and offsite,
which would alleviate hazardous or congested situations directly attributable
to the proposed development, as a condition of approval.
(2)
The traffic impact study shall be prepared for a study
area extending a minimum of one mile on all abutting roads from the
entrance of the proposed disposal facility. This area may be modified
at the discretion of the Board of Supervisors.
[Amended 8-13-1998 by Ord. No. 98-4]
An application for a conditional use for solid
waste disposal facilities shall contain the date, information and
drawings specified herein.
A.
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:
(1)
Locate of site relative to public roads.
(2)
Owners of adjacent properties.
(3)
Proposed fencing and improvements.
(4)
Proposed screening and buffering.
(5)
Cross sections showing the existing grades and the
proposed grades upon completion and closure of the accessory landfill,
if any.
(6)
Accessory landfill area within the site, to include
staging of landfill development and the location of haul roads and
access roads.
(7)
Location of equipment cleaning and tire cleaning areas.
(8)
Location of weighing scale, firefighting equipment
and all facilities, including buildings.
B.
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.
C.
The names and current addresses of any and all persons
having any ownership interest in the operation of proposed operation,
maintenance and use of the equipment or real estate in question.
E.
The identities and qualifications of personnel designated
to manage and operate the proposed facility, together with their intended
responsibilities.
F.
All requirements of the Pennsylvania Solid Waste Management
Act and regulations and standards of the Department of Environmental
Protection relating to solid waste processing and disposal system
are incorporated herein by reference, as well as any and all plans,
applications, data, materials, studies and information to the Board
of Supervisors as is required to be submitted to the Pennsylvania
Department of Environmental Protection 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.
G.
Statements indicating expected useful life of the
accessory landfill site and the condition and proposed uses of said
site upon termination of operation, including, but not limited to,
any limitations on future uses due to decomposition gases.
H.
An access road survey, which shall include the following:
