[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover 8-3-1987 by Ord. No. 1987-10. Amendments noted where applicable.]
Solid waste — See Ch. 165.
This chapter shall be known and may be cited as the "Hazardous Waste Ordinance of West Hanover Township."
The purposes of this chapter are as follows:
To promote, protect and facilitate the public health, safety and general welfare of all township citizens by preventing the discharge of potentially hazardous contaminants.
To prohibit the discharge off site of all hazardous and toxic wastes within West Hanover Township (hereinafter "township").
To preserve the fragile environmental qualities of all land and waters within the township.
This chapter is adopted and enacted pursuant to the authority granted to the township by the Legislature of the Commonwealth of Pennsylvania in the following enacted statutes:
The sections of the Second Class Township Code authorizing the township to enact ordinances dealing with the protection of the health of township residents, refuse materials, nuisances and public safety, codified in Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania, at §§ 65729, 65708, 65712 and 65747, as amended.
The applicable provisions of the Pennsylvania Municipalities Planning Code dealing with zoning ordinances codified at Volume 53 of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania at §§ 10601 and 10603, as amended.
The following definitions shall be applicable to this chapter:
- The Department of Environmental Protection of the Commonwealth of Pennsylvania.
- TOXIC OR HAZARDOUS WASTES
- A solid, liquid or gaseous waste or a combination of solid, liquid or gaseous wastes which, because of the quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. This definition is intended to include but not be limited to those toxic or hazardous wastes as identified in:
- A. 40 CFR, Part 261, Identification and Listing of Hazardous Waste, as amended, (published in the Federal Register, Vol. 45, No. 98, Monday, May 19, 1980) as may be amended; and
- B. Chapter 75, Sections 75.261 to 75.267, of Title 25, DEP Rules and Regulations, Subchapter C, as may be amended from time to time.
The Board of Supervisors of West Hanover Township recognizes that legal control of waste disposal has been delegated to the Pennsylvania Department of Environmental Protection (DEP) pursuant to 35 P.S. § 6018.101 et seq. It is not the intention of the township to abrogate such authority granted to the DEP. However, it is the intention of the township to impose additional or complementary requirements to meet the needs of the public safety and the public health of all residents of West Hanover Township.
It shall be unlawful to dump, discharge or to place in or upon the ground or waters located within West Hanover Township, Dauphin County, Pennsylvania, any quantity of toxic or hazardous wastes.
It shall be unlawful for any person to provide temporary or permanent storage for toxic or hazardous wastes, as defined in this chapter, at any place or on any property or street within West Hanover Township until all of the state and federal regulations have been met. This shall include the certificate of public necessity for all new sites, which requires four factors for consideration:
The extent to which the facility is in conformance with the Pennsylvania Hazardous Waste Facilities Plan;
The impact of the proposed facility on adjacent populated areas through which wastes are transported to such facility;
The impact on the borough, township, town or city in which the facility is to be located in terms of health, safety, cost and consistency with local planning; and
The extent to which the proposed facility has been the subject of a public participation program in which citizens have had a meaningful opportunity to participate in evaluation of alternate sites or technologies, development of siting criteria, socioeconomic assessment and all other phases of the site selection process.
The waste facility shall be completely surrounded by a ten-foot-high Cyclone security fencing with locked gates; have adequate lighting to illuminate fully the entirety of said storage area; be limited to not more than 10,000 gallons of stored liquid or 5,000 pounds of stored solids, all within a transportable vehicle or self-propelled vehicle; and such vehicle shall not remain upon the property or premises where stored for a period greater than 24 hours.
Any vehicle containing toxic or hazardous wastes, while temporarily stored, shall be located within and be completely surrounded by an earth berm, fully lined with an impervious liner throughout, having a containment capacity of not less than 15,000 gallons. All earth surfaces within such containment area shall be made totally impervious to infiltration by water or any other liquid.
The owner of any property who permits the permanent or temporary storage of toxic or hazardous wastes thereon shall, personally or through his agent, manager or other authorized employee, cause to be displayed a prominent sign or placard identifying the prohibitions of this section to members of the transient public and shall require members of the transient public to utilize the required containment area for the permanent or temporary storage of the toxic or hazardous wastes.
The owner of any property upon which there shall be permanently or temporarily stored any toxic or hazardous waste, whether or not such storage shall be in compliance with the terms of this chapter, shall be responsible for the cleanup and removal of any such toxic or hazardous waste which may be discharged, accidentally or otherwise, upon the property of the owner. If the owner of the property upon which the discharge of toxic or hazardous waste occurs shall fail to clean up and remove such wastes within a reasonable period of time, thereby resulting in a potential danger to the health and safety of the residents of West Hanover Township, the cleanup and removal of such toxic or hazardous wastes may be performed by Emergency Management Personnel of West Hanover Township, or by personnel engaged by the Emergency Management Officer and, in such event, the owner of the property upon which such discharge occurred shall be responsible to pay for or make reimbursement for the cost incurred in the cleanup and removal of the toxic or hazardous wastes.
It is the purview of the Board of Supervisors to protect its citizens by holding public hearings to educate them on the impact of any siting or other development within West Hanover Township that relates to this chapter. Therefore, a minimum of two public hearings are to be held concerning matters related to this chapter; the first, by the Planning Commission, within one month of receiving written information on a new siting or development as relates herein. A report of Findings of Fact and Recommendation to the Board of Supervisors shall be presented by the Planning Commission within 30 days following the first hearing.
The second public hearing shall be held by the Board of Supervisors to consider any recommendations to the DEP or action on a land development/subdivision plat.
[Amended 5-1-1989 by Ord. No. 1989-4]
For any and every violation of the provisions of this chapter, the owner, general agent or contractor for the premises where such violation has been committed, or shall exist, and the lessee or tenant of premises where such violation has been committed, or shall exist, and the owner, general agent, contractor, lessee or tenant of any premises in which part such violation has been committed or shall exist, or any other person who knowingly commits, takes part or assists in any such violation, or who maintains premises in which any such violation shall exist, shall be liable, upon conviction thereof, to a penalty not to exceed $1,000 for each and every offense, and whenever such person shall have been notified by the Code Enforcement Officer or his designee by certified letter or by service of summons in a prosecution that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. It is further provided that, upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days.
The Board of Supervisors of West Hanover Township is hereby authorized to institute any proceedings in any court of equity or court of law in order to enforce the provisions of this chapter or to secure reimbursement or payment of any costs required herein to be paid by any person.