This chapter shall be known and may be cited
as the "Radioactive Waste Ordinance of Athens Township of 1991."
A.
The purposes of this chapter are to:
(1)
Protect the health, safety and general welfare of
all Township citizens and other persons by preventing exposure to
airborne radioactive substances.
(2)
Preserve the natural environmental qualities of all
land and its flora and fauna within the Township.
(3)
Promote the sustainable economic well-being of the
Township by preservation of camping, hunting, fishing and other recreational
opportunities for tourists.
(4)
Protect against the infliction of psychological or
emotional stress on Township citizens from the reasonable fear of
exposure to radiation.
(5)
Preserve the values of a healthy environment for future
generations.
B.
Any interpretation of this chapter shall give priority
to the purposes stated in this section over such considerations as
economics, efficiency and scheduling factors.
The following terms shall have the meanings
defined in this section wherever they are used in this chapter:
A facility above grade level constructed with triple-dedicated
engineered barriers isolating the contents from the environment.
The period of time during which active surveillance, monitoring
and care is maintained, which shall extend to 30 years after the estimated
hazardous life of the waste.
The portion of the waste site that is controlled by the licensee
and that lies under the waste units and the site boundary.
The Radioactive Waste Ordinance of Athens Township of 1991.
Pennsylvania, Delaware, Maryland and West Virginia.
The first sealed leakproof solid enclosure which encompasses
the radioactive waste and which may include a means for controlled
bleeding of gaseous decay products into another container.
The isolation of radioactive substances and radiation from
the biosphere by means of engineered barriers and waste site design.
Fill, grout or other material which is placed in void spaces
between radioactive waste containers or waste modules within the waste
unit to provide structural strength against subsidence and collapse.
The amount of time that it takes for the LLRW to decay to
levels so that unrestricted use of the site could not result in exposure
to total radioactive levels higher than the radioactive levels measured
at the site prior to the site being used for storage.
The engineered design features which eliminate the inflow
or outflow of solids, liquids, or gases by any means, including selective
absorption and adsorption, or ion exchange, except into a container
through a control valve.
Radioactive waste as defined in Section 11(e)(2) of the Atomic
Energy Act of 1954, codified as amended at 42 U.S.C. § 2104(e)(2),
or in the Pennsylvania Low-Level Radioactive Waste Disposal Act ("LLRWDA"),
Act No. 1988-12, 1988 Pennsylvania Legislative Service, page 23 (Purdon's),[1] whichever is more exclusive.
Low-level radioactive waste that either contains hazardous
waste listed in the Code of Federal Regulations, 40 CFR 261D, or exhibits
any of the hazardous characteristics identified in 40 CFR 261C.
Any person or entity that stores radioactive waste or maintains
a radioactive waste facility or any part thereof in Athens Township.
A threat of causing injury by the following conduct: violating
any federal or Pennsylvania environmental quality standard; contaminating
groundwater, surface water, flora, fauna or air so as to pose an immediate
hazard to human health by exposure to substances that cause human-life-shortening
injuries, e.g., a long-latency cancer or disabilities; or that cause
the killing of fish or wildlife; threatening the viability of an endangered
species; contributing to an accumulation of hazardous toxic substances
in fish or wildlife so that such fish or wildlife are rendered unfit
for human consumption; or disrupting a food chain in an ecosystem.
Athens Township, Bradford County, Pennsylvania.
The three leakproof structures referred to in this chapter
as a "container," "waste module" and "waste unit," each of which independently
ensures the containment of radioactive waste from the environment
for the hazardous life of the waste.
The containers, waste units, administrative and support facilities,
other buildings, equipment and engineered features on a site where
radioactive waste is stored, including all improvements thereon.
A second leakproof engineered structure harboring the containers
within a waste unit.
The land on which the waste facility is located, including
the buffer zone.
A third leakproof engineered structure which contains waste
modules.
[1]
Editor's Note: See 35 P.S. § 7130.101
et seq.
This chapter is adopted and enacted pursuant
to the authority granted to the Township by all relevant state and
federal law, including but not limited to the following;
B.
The provisions of the Second Class Township Code, Article VII, as codified in 53 P.S. § 65701 et seq.,[1] authorizing the Township to enact ordinances dealing with,
inter alia, the protection of the health of Township residents, regulation
of refuse materials and nuisances and promotion of public safety.
[1]
Editor's Note: See now 53 P.S. § 66506.
C.
The Pennsylvania Air Pollution Control Act, 35 P.S.
§ 4001 et seq.
D.
The Pennsylvania Local Tax Enabling Act, 53 P.S. § 6901
et seq.
E.
The Appalachian States Low-Level Radioactive Waste
Compact Act of 1985, 35 P.S. § 7125.1 et seq.
G.
The Clean Air Amendments of 1977, 42 U.S.C. §§ 7416
and 7422.
H.
The Low-Level Radioactive Waste Policy Act Amendment
of 1985 in effect as of January 1, 1986.
