[HISTORY: Adopted by the Board of Supervisors of Falls Township 1-26-1989 as Ord. No. 89-2. Amendments noted where applicable.]
Except where the context clearly indicates otherwise, the following terms as used in this chapter shall have the following meanings:
BUSINESS
All person or persons, partnerships, corporations or other entities engaged in the buying, selling, storing, manufacturing and/or transferring of properties, merchandise, goods, moneys, sources and/or other items who do so for a fee, price, retainer, percentage and/or other means of compensation for the purpose, stated or otherwise, of realizing a profit and/or other gains.
ENFORCEMENT OFFICER
The Township Environmental Officer.
HAZARDOUS SUBSTANCES
Any explosive, blasting agent, flammable liquid, flammable solid, flammable and nonflammable compressed gas, corrosive material, poison, poison gas, irritant, oxidizer, organic peroxide, radioactive material, etiologic agent or other regulated material, whether a material or a substance or any other substance defined as an "extremely hazardous substance" or "hazardous chemical" as defined in CFR 370.2.
MINOR CHANGE
A change in the use, storage and/or manufacture of hazardous substances which does not increase the quantity of hazardous substances used, stored and/or manufactured on a premises by less than 30%.
PREMISES
The area occupied by a building or structure, including the yards and courts required for light and ventilation, and such areas that are prescribed for access to the street.
SUBSTANTIAL CHANGE
A change in the quantity of hazardous substances used, stored and/or manufactured on a premises which increases the quantity of hazardous substances used, stored and/or manufactured by more than 30%.
THRESHOLD QUANTITIES
Such quantity of a hazardous substance as would require the preparation of a material safety data sheet pursuant to 40 CFR 370.20.
UNDERGROUND RESIDENTIAL HEATING OIL STORAGE TANK
An underground storage tank on a residential property used for holding substances intended for use by the property for heating purposes.
[Added 4-19-2021 by Ord. No. 2021-03]
A. 
Each business located in the Township of Falls using, storing and/or manufacturing hazardous substances in threshold quantities on his/her/its property shall file with the Township Environmental Officer a complete and accurate schedule of any and all such hazardous substances presently used, stored and/or manufactured on his/her/its premises.
B. 
Each schedule provided for in § 139-2A of the Falls Code shall include maps and charts showing the location of such substances on the premises and the general technical or chemical name of such substance along with the proprietary name, if any, of such substance.
C. 
Time limitations; certificate of occupancy.
(1) 
All existing businesses in Falls Township using, storing and/or manufacturing hazardous substances in threshold quantities as of the effective date of this chapter shall have six months from the effective date of this chapter within which to file the schedule set forth in § 139-2A hereinabove.
(2) 
No business commencing operations subsequent to the effective date of this chapter shall be granted a certificate of occupancy before the schedule set forth in § 139-2A hereinabove has been filed with the Enforcement Officer.
A. 
Additions and changes in location. Any addition to and/or change in location of any hazardous substance on, to or from the premises shall require the business occupying the premises in question to file a supplemental schedule prepared in the same manner and form as described in § 139-2A hereinabove.
B. 
Minor changes in use. Any minor changes in use, storage and/or manufacture of a hazardous substance from that stated in the schedule prepared in accordance with § 139-2A of this chapter shall be reported to the Township Environmental Officer within 30 days from the start of the change.
C. 
Substantial changes in use. Prior to any substantial change in use of any hazardous substance, as defined in § 139-1 of this chapter, the contemplated change shall first be submitted to the Township Environmental Officer.
[Added 4-19-2021 by Ord. No. 2021-03[1]]
A. 
No underground heating oil storage tank shall be removed or abandoned without first obtaining a residential mechanical permit from the Township.
B. 
Soil samples must accompany the application. Samples must be taken from the bottom and sidewalls of the tank in a way that targets areas where contamination would most likely be found.
C. 
If soil samples reveal that heating oil has been released into the soil, the remediation of the soil shall follow guidelines specified by the Pennsylvania Department of Environmental Protection, Land Recycling Regulations, 25 Pa. Code Chapter 250.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 139-4 and 139-5 as §§ 139-5 and 139-6, respectively.
[Amended 1-25-2001 by Ord. No. 2001-1; 4-19-2021 by Ord. No. 2021-03]
Any person, firm or corporation who violates or permits a violation of this chapter shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Further, the appropriate officers or agents of the Township are hereby authorized to file a citation for such summary violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.