This chapter shall be known and may be cited
as the "Radioactive Waste Ordinance of Athens Township of 1991."
The following terms shall have the meanings
defined in this section wherever they are used in this chapter:
ABOVEGROUND FACILITY
A facility above grade level constructed with triple-dedicated
engineered barriers isolating the contents from the environment.
ACTIVE INSTITUTIONAL CONTROL PERIOD
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.
BUFFER ZONE
The portion of the waste site that is controlled by the licensee
and that lies under the waste units and the site boundary.
CHAPTER
The Radioactive Waste Ordinance of Athens Township of 1991.
CONTAINER
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.
CONTAINMENT
The isolation of radioactive substances and radiation from
the biosphere by means of engineered barriers and waste site design.
FILL
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.
HAZARDOUS LIFE
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.
LEAKPROOF
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.
LOW-LEVEL RADIOACTIVE WASTE (LLRW)
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), whichever is more exclusive.
MIXED WASTE
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.
OPERATOR
Any person or entity that stores radioactive waste or maintains
a radioactive waste facility or any part thereof in Athens Township.
SIGNIFICANT THREAT
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.
TOWNSHIP
Athens Township, Bradford County, Pennsylvania.
TRIPLE-DEDICATED ENGINEERED BARRIER
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.
WASTE FACILITY
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.
WASTE MODULE
A second leakproof engineered structure harboring the containers
within a waste unit.
WASTE SITE
The land on which the waste facility is located, including
the buffer zone.
WASTE UNIT
A third leakproof engineered structure which contains waste
modules.
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;
A. The Pennsylvania Constitution, Article
I, § 27.
B. The provisions of the Second Class Township Code, Article
VII, as codified in 53 P.S. § 65701 et seq., 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.
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.
F. The Pennsylvania Low-Level Radioactive Waste Disposal
Act ("LLRWDA"), Act No. 1988-12, 1988 Pennsylvania Legislative Service,
page 23 (Purdon's).
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.