[HISTORY: Adopted by the Board of Supervisors of the Township of
North Codorus at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hazardous Waste
Ordinance of North Codorus Township."
The purposes of this chapter are as follows:
A.
To promote, protect and facilitate the public health,
safety and general welfare of all Township citizens by preventing the discharge
of potentially hazardous contaminants.
B.
To prohibit the discharge off site of all hazardous and
toxic wastes within North Codorus Township (hereinafter "Township").
C.
To preserve the fragile environmental qualities of all
land and waters within the Township.
The following definitions shall be applicable to this chapter:
The person applying for any permit required by this chapter.
The Department of Environmental Protection of the Commonwealth of
Pennsylvania.
Includes all persons who hold, or have any claim to, legal or equitable
ownership of a property which is the subject of this chapter, each agent of
every owner acting on that owner's behalf for any matter relevant to
this chapter, successors or successors in title to every owner; every tenant,
lessee, or sublessee in possession of the premises; every person who acts
under color of authority of any owner in matters relating to this chapter,
and to the extent permitted by law, all officers and directors of any corporation.
Any individual, partnership, company, association, society, trust,
corporation or other group or entity, whether public or private, and whether
the term is used in the singular or the plural.
North Codorus Township, York County, Pennsylvania.
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:
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
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 the 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 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 the Township.
It shall be unlawful to dump, discharge or to place, whether intentionally,
negligently, or accidentally, in or upon the ground or waters located in the
Township, 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 the Township until a permit is obtained
from the Township. Before the Township issues a permit, the following criteria
shall be met:
A.
A permit fee in an amount set by resolution of the Township
Board of Supervisors shall be paid.
B.
An application fee as set forth in § 110-8D, the amount of which fee shall be established by the Township Board of Supervisors by resolution.
C.
All state and federal regulations have been met, including
a certificate of public necessity for all new sites, including consideration
of the following factors:
(1)
The extent to which the facility is in conformance with
the Pennsylvania Hazardous Waste Facilities Plan;
(2)
The impact of the proposed facility on adjacent populated
areas through which wastes are transported to such facility;
(3)
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
(4)
The extent to which the proposed facility has been the
subject of a public participating 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.
A.
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; if within a transportable vehicle or self-propelled vehicle, such
vehicle shall not remain upon the property or premises where stored for a
period greater than 24 hours.
B.
Any container or vehicle containing or intended to contain
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.
C.
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.
D.
The owner of any property upon which there shall be permanently
or temporarily stored any toxic or hazardous wastes, 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 the Township, the cleanup and removal of such toxic
or hazardous wastes may be performed by emergency management personnel of
the 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.
A.
Two hearings open to the public shall be held before any permit issued pursuant to § 110-6 of this chapter is issued. Those hearings shall be, except as modified by Subsection B:
(1)
By the Township's Planning Commission, which shall
present findings of fact and a recommendation to the Township Board of Supervisors
within 45 days following conclusion of the hearings.
(2)
By the Township Board of Supervisors to consider the recommendations of the Township's Planning Commission. This hearing shall be held within 60 days after receiving the findings of fact and recommendations from the Township's Planning Commission, but in no event later than 60 days following the conclusion of the Township's Planning Commission's hearings, except as modified by Subsection B.
B.
In the event that the application for a permit as required in § 110-6 is submitted, or is before the Township's Planning Commission, at the same time as a subdivision or land development plan for the property which is the subject of the application for permit, then, at the discretion of the Township's Planning Commission and the Township Board of Supervisors, the hearings required by Subsection A may be combined with the review of such subdivision or land development plan. The findings of fact and recommendations of the Township's Planning Commission may be combined with and included in its recommendation on the plan to the Township Board of Supervisors.
C.
Notice of each hearing required in Subsection A shall be provided by publishing a notice of the hearings in a newspaper of general circulation one time no more than 30 days, nor less than seven days, before the scheduled date of such hearing. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. Additionally, the Township shall mail a notice to adjoining property owners, by first class mail and/or other more restrictive mail, at the Township's sole option, advising them of the hearing, which notice shall contain the same information as the published notice. It shall be the applicant's responsibility to provide the Township with a list of the names and addresses of all such property owners.
D.
In addition to the permit fee required by § 110-6, all expenses incurred by the Township as a result of the application for permit shall be paid by the applicant, including, but not limited to, the costs of advertisement, stenographic fees, engineer, attorney, or other expert review fees, and any other fees related to the application, and the hearings required by this section. The expenses incurred as a result of this section shall be paid and payable by the applicant regardless of whether or not the permit is granted.
(1)
The fees required by this Subsection D shall be in addition to, but not duplicative of, any fees authorized by law and charged by the Township as part of the review and consideration of any subdivision or land development plan which is considered at the same time as the application for permit under this chapter.
(2)
The Township shall establish by resolution a minimum fee for such applications for permits required by § 110-6. If, at the conclusion of the review process for the permits required by this chapter, any funds deposited by the applicant remain unexpended, then they shall be returned to the applicant. If the applicant owes additional funds, such funds shall be paid by the applicant prior to the issuance to the applicant of any permit or preliminary or final approvals of any subdivision or land development plan, but in any event no later than 30 days after the decision by the Township Board of Supervisors on the application for permit.
(3)
In the event that the applicant appeals the decision of the Township Board of Supervisors on the application for permit, then, in addition to the fees and expenses required to be paid by Subsection D, it shall be the responsibility of the applicant to obtain a transcribed copy of any stenographic recording of the hearing, or to prepay the Township for the cost of transcribing any recording of the hearing, and shall provide to the Township a copy of all such transcripts, for the cost of which copy the Township shall be responsible.
(4)
At the hearings required by this section, the applicant shall have the burden of proving that he meets all of the criteria necessary for the granting of a permit, as set forth in §§ 110-6 and 110-7. The hearings required by this section shall be conducted pursuant to the Local Agency Law, 2 Pa.C.S.A. § 105 et seq.
E.
To the extent that the applicant fails to pay any costs
or expenses due pursuant to this section within 30 days after they are due,
the Township shall have the right to revoke the permit and issue a cease-and-desist
order, and to pursue applicant and owners for all such unreimbursed costs
and expenses, by all legal means available to the Township, including placement
by the Township of a municipal lien on the property which was the subject
of the application.
A.
Any person who violates or permits a violation of this
chapter shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant may
be sentenced to imprisonment for a term not exceeding 90 days. Each day or
portion thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this chapter that
is violated shall also constitute a separate offense.
B.
In addition to the penalties set forth above, the owner
of any property on which toxic or hazardous wastes are stored, the owner of
any toxic or hazardous wastes, and the transporters of any toxic or hazardous
wastes, shall be liable to the Township to control, extinguish, and/or clean
up any spills, regardless of whether intentional, negligent, or accidental,
and any fires involving said toxic or hazardous wastes. Further, the owner
of any property on which toxic or hazardous wastes are stored, the owner of
any toxic or hazardous wastes, the transporters of any toxic or hazardous
wastes, whether a common carrier or otherwise, including a pipeline carrying
such toxic or hazardous wastes, and the owner of any personal or business
vehicle which causes a spill to occur within the Township, whether on public
or private property or roads, shall be liable to the Township for remediation
of all such spills, including the cost of any special equipment or materials
required for such remediation.
(1)
Such special equipment or materials include, but are
not limited to: foam; dry chemical extinguisher; sand or other absorbent;
any other equipment or materials deemed necessary by the officer in charge
of the cleanup.
(2)
Such costs or expenses shall also include the costs of
labor, which shall be the actual wage rates, including fringe benefits, paid
by the Township or other local, state, or federal agencies or organizations,
to all personnel involved in the extinguishing of any fire or in cleaning
up any spill involving toxic or hazardous wastes.
(3)
Such costs and expenses shall also include all other
costs and expenses incurred by any local, state, federal, or other, fire,
hazmat, emergency response, ambulance, or other such agencies, whether volunteer
or paid.
(4)
Such costs shall include the cost of disposal or temporary
storage of any toxic or hazardous wastes.
C.
The liability of all persons set forth in this section
and chapter shall be joint and several.
