[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:
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.
The Township Environmental Officer.
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.
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%.
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.
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%.
Such quantity of a hazardous substance as would require the
preparation of a material safety data sheet pursuant to 40 CFR 370.20.
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.
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.
[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.
[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.
