[Adopted 6-11-1986 by Ord. No. 124]
As used in this article, the following terms shall have the meanings
indicated:
The discharge, deposit, injection, dumping, spilling, leaking or
placement of any hazardous waste into, on, above or below any land or water
which waste is to remain or which has remained at a disposal site within the
Township for a period of time in excess of one month and which is not intended
to be removed from such site. It is presumed that the discharge, etc., of
any hazardous waste in excess of one month establishes an intent not to remove
the hazardous waste from such site.
A waste or combination of wastes, 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 an increase in
serious irreversible or incapacitating reversible illness, or pose a substantial
present or potential hazard to human health or the environment when stored;
provided, however, that hazardous wastes shall include only those wastes whose
disposal requires a state or federal hazardous waste permit.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or agency,
state institution and agency, including but not limited to the Department
of General Services and the State Public School Buildings Authority, or any
other legal entity whatsoever which is recognized by law as the subject of
rights and duties. In any provisions of this article prescribing a fine or
penalty, or any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity having
officers and directors.
The containment of any hazardous wastes on a temporary basis in such
a manner as not to constitute disposal of such wastes.
Any garbage, refuse and other discarded material including solid,
liquid, semisolid or contained gaseous materials resulting from industrial,
mining and agricultural operations and any sludge from an industrial, mining
or agricultural water supply treatment facility, wastewater treatment facility
or air pollution control facility, but does not include solid or dissolved
material in domestic sewage.
It shall be unlawful for any person to dispose, store or attempt to
dispose or store hazardous wastes within the Township.
A.
In the event that any person shall dispose, store or
establish a site for the disposal or storage of hazardous wastes in violation
of the provisions of this article, the Board of Supervisors are authorized,
in addition to other penalties set forth herein, to institute any appropriate
civil action or proceedings to prevent such disposal or storage of hazardous
wastes, the same being deemed a public nuisance, provided that the person
involved:
B.
Notwithstanding the foregoing, in cases wherein the order
of abatement is not obeyed within the time specified therein, the Board of
Supervisors shall thereupon issue a further written order to the Zoning Officer
directing him to remove or abate said nuisance, which order shall be executed
by him and his subordinates and workmen and the expense thereof shall be recoverable
from the owner of the premises upon, or from which, the nuisance or menace
to health is abated or removed in the same manner as debts of like character
are now collected by law.
[Amended 7-24-1996 by Ord. No. 202; 8-26-1998
by Ord. No. 227]
A.
Any person who violates or permits a violation of this
article, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
B.
The Code Enforcement Officer or other officer of the Township authorized to do so by the Board of Supervisors shall determine in each instance whether a violation has occurred. Upon determining that a violation has occurred, the officer shall impose a civil penalty in accordance with the amounts specified in Subsection A upon the violator. Notice of a violation shall be served upon the violator by registered or certified mail. In the event that the registered or certified mail is returned unclaimed, such notice shall be served by first class mail.
