No radioactive substance or waste generated
by any government agency or pursuant to a federal or state government
contract or license nor as defined in the Nuclear Regulatory Commission
(NRC) Section 11(e)(2) of the Atomic Energy Act of 1954, codified
as amended at 42 U.S.C. § 2014(e)(2) in the Low-Level Radioactive
Waste Policy Act Amendment of 1985 and in effect as of January 1,
1986, or in the Pennsylvania Low-Level Radioactive Waste Disposal
Act ("LLRWDA"), Act No. 1988-12, 1988, Pennsylvania Legislative Service,
page 23 (Purdon's), that may be redefined as an expanded exemption, below
regulatory concern (BRC) or otherwise deregulated by the NRC or any
other federal agency shall be received for treatment, recycled, incinerated,
deposited in sewers or accepted at any solid, liquid or hazardous
waste facility. All LLRW as specified above shall be deposited at
a LLRW facility holding a clean air permit under this chapter.
Applications for a clean air permit under this
chapter shall be filed with the Township Secretary, who shall issue
a permit upon approval of the application by the Controlling Officer.
In addition to the information required by §
121-10 hereof, an application for a clean air permit must be accompanied by the following documentation:
A. A site plan identifying the location and function
of all structures on the waste site.
B. Proof of ownership of the site or a contract conveying
rights to the site by the owner.
C. A property survey of the site by a registered licensed
surveyor showing contours of five-foot intervals, a description of
perimeter land use and zoning within a two-mile radius of the site
and the proximity to any structure or other feature, such as a stream
or well, within 1,000 feet of the waste site.
D. All necessary licenses and permits from state and
federal agencies, along with the associated application materials
submitted to those agencies.
E. Approval of an emergency control and evacuation procedure
plan by the Township Supervisors after a public hearing.
F. An environmental impact study as defined in NEPA,
Section 102(2)(c), 42 U.S.C. § 4332, which shall also include
but not be limited to consideration of the following: site-specific
soil analysis on a fifty-foot grid, core sample to the bedrock and
leachate analysis; titles, easements and dedications; oil, gas and
mineral rights; hydrology of the site, groundwater and aquifers; fauna
habitat and migratory survey; storage of fuel; security, policy, fire
and medical qualifications; a radiation background study based on
monthly sampling data for three years prior to the date of application;
meteorology, topology and predicted deposition patterns of airborne
pollution; and an assessment of risk of experiencing one fatality
per 1,000,000 population, which must include calculations of maximum
concentrations of contamination under emergency conditions, such as
a worst-case accident scenario or the failure of an air pollution
control unit
G. Baseline health studies of the entire population of
the Township and of the affected municipalities within a ten-mile
radius shall be conducted for three years prior to the date of application.
All data shall be made available, free of charge, to Township officials
and any resident of the public upon request.
H. An evaluation of the class, quantity and nature of
all wastes to be stored at the waste facility, including the chemical
and physical forms, specific isotopes, number of curies and half-lives.
At the time the application for a clean air permit is submitted by the operator pursuant to §§
121-10,
121-11,
121-23,
121-25 and
121-26, the operator shall pay a fee of $100,000 or such other amount as shall be determined by the Township Supervisors on recommendation of the Controlling Officer to fully cover all the administrative costs to the Township related to the application and permit, including all costs associated with the determination of a radiation emission standard under §
121-23 of this chapter and the acquisition by the Township of supplemental monitoring capacity.