[Adopted 10-22-1984 by Ord. No. 197]
This article shall be known and may be cited
as "Exeter Township Sanitary Landfill Ordinance."
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings herein indicated:
All roads, either public or private, within the Township
which are used by vehicles weighing over 20,000 pounds, loads, to
transport solid waste to a landfill.
The Board of Supervisors of the Township of Exeter.
A facility or part of a facility at which waste is placed
into or on any land or property and at which waste will remain after
closure.
All land, structures and other appurtenances or improvements
on a property where solid waste is processed, stored or disposed.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities, or any combination of the
above, but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Section 402 of the Federal Water Pollution Control Act, as amended
(86 Stat. § 880) or source special nuclear, or by-product
material as defined by the U.S. Atomic Energy Act of 1954, as amended
(68 Stat. § 923) the Solid Waste Management Act of Commonwealth
of Pennsylvania, and as further defined by Pennsylvania Department
of Environmental Protection (DEP) regulations, which because of its
quantity, concentration or physical, chemical or infectious characteristics
may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population as defined by DEP regulations or as supported
by competent evidence of that fact.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed as defined by DEP regulations
or as supported by competent evidence of that fact.
Any cartway within the landfill which shall be constructed
for utilization in all weather conditions.
A disposal facility or part of a facility where solid waste
is placed in or on land.
Tract of and upon which is located a landfill, including
all structures and other appurtenances or improvements erected thereon.
A continuous man-made layer of materials constructed beneath
a landfill, in accordance with DEP regulations, which prevents the
downward or lateral escape of solid waste, solid waste constituents,
or leachate.
Garbage, refuse, industrial lunchroom or office waste, and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities, and
any sludge not meeting the definition of residual or hazardous waste
in Act 97, from a municipal, commercial or institutional water supply,
wastewater treatment plant or air pollution control facility.
A city, borough, incorporated town, township or county or
any authority created by any of the foregoing.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, joint venture, municipality, federal government
or agency, state institution and agency, or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties.
Garbage, refuse, discarded material or other waste, including
solid, liquid, semisolid or contained gaseous materials resulting
from industrial, mining and agricultural operations and sewage from
an industrial, mining or agriculture water supply treatment facility,
wastewater treatment facility or air pollution control facility, provided
that it is not hazardous.
A land site on which engineering principles are utilized
to bury deposits of solid waste without creating public health or
safety hazards, nuisances, pollution or environmental degradation.
The uncontrolled and/or unauthorized removal of material
from a landfill site.
Any waste, including, but not limited to, municipal, residual
or hazardous waste, including solid, liquid, semisolid or contained
gaseous materials.
Exeter Township, Berks County, Pennsylvania.
It shall be unlawful for any person or business
entity to use or continue to use land within the Township as a landfill,
sanitary or otherwise, without first obtaining a one-year permit therefor
from the Board. After the effective date of this article, such permit
may be obtained only by a municipality; provided, however, that a
landfill, sanitary or otherwise, in existence and operation within
the Township on the effective date of this article shall be eligible
to apply for such permit.
A.
Each application for a permit, or renewal application, shall be accompanied by a permit made payable to the Board in the form of a certified check or money order, to be applied against the actual cost to the Township of technical review of the application and impact statement and to be further applied against the actual cost to the Township for the testing of underground monitoring wells, as hereinafter provided in § 316-7B(22) hereof, together with the actual cost to the Township of providing labor, materials, and/or equipment to ensure compliance by the permit applicant and/or permittee with the terms and provisions of this article.
B.
Prior to the Township's expenditure of any portion of the aforesaid deposit for the testing of underground water monitoring wells, as hereinafter provided in § 316-7B(22) hereof, together with the actual cost to the Township of providing labor, materials and/or equipment to insure compliance by the permit applicant and/or permittee with the terms and provisions of this article, the Township shall promptly advise the permit applicant and/or permittee, in writing, of the actual cost of Township's expenditure(s). Thereafter, the permit applicant and/or permittee shall be afforded seven calendar days within which to consent to, in writing, or contest the Township's expenditure(s). In the event permit applicant and/or permittee shall elect to contest the Township's expenditure(s), in writing, as aforesaid, such controversy or claim shall be promptly settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) shall be entered in any Court having jurisdiction thereof.
[Amended 8-13-2007 by Ord. No. 640]
Each permit shall be valid for one year from
the date of issuance. The permit holder desiring to renew an existing
permit shall complete and submit to the Board an application at least
90 days before the expiration date thereof and shall tender with each
application such permit fees as are required herein.
[Amended 8-13-2007 by Ord. No. 640]
A.
No application for a permit under this article shall
be accepted by the Board unless the applicant has first obtained and
received a permit from DEP for such use. All permit fees submitted
with a permit application or renewal application are nonrefundable,
even if the permit is denied or subsequently suspended or revoked.
B.
The application for a permit shall be submitted in
writing to the Board and shall contain:
(1)
A topographical drawing and a land development plan
in accordance with the Exeter Township Land Subdivision Regulations,[1] prepared by a professional engineer or professional land
surveyor registered in the Commonwealth of Pennsylvania to a scale
as shall from time to time be required by resolution of the Township
of Exeter, showing;
(a)
Location of site relative to public roads.
(b)
Owners of adjacent properties.
(c)
Proposed fencing and improvements.
(d)
Proposed screening.
(e)
Cross sections showing the existing grades and
the proposed grades upon completion and closure of the landfill.
(f)
Landfill areas within the landfill site, to
include staging of landfill development and the location of haul roads
and access roads.
(g)
Location of equipment cleaning and tire cleaning
areas.
(h)
Location of weighing scales (if applicable),
fire-fighting equipment and all facilities.
(2)
The names and current addresses of any and all persons
who own any interest, real or equitable, in the real estate which
is the subject of the application.
(3)
The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answers to Subsection B(2) above where such persons or firms possess an ownership interest of 10% or more.
(4)
The names and current addresses of all persons having
any and an interest in the operation or proposed operation, maintenance
and use of the real estate in question as a landfill.
(5)
The names and current addresses of any and all persons having any ownership interest in any corporations or other entities which may be set forth in answer to Subsection B(4) above, where such persons possess an ownership interest of 10% or more.
(6)
The identities and qualifications of personnel designated
to manage the proposed facility, together with their intended responsibilities.
(7)
All requirements of the Pennsylvania Solid Waste Management
Act in effect at the time of application and regulations and standards
of the Department of Environmental Protection of the Commonwealth
of Pennsylvania, relating to solid waste processing disposal systems
ate incorporated herein by reference, and the applicant shall be required
to submit any and all plans, applications, data, materials, studies
and information to the Board as is required to be submitted to the
Pennsylvania Department of Environmental Protection pursuant to said
Act, regulations and standards. All such materials shall be certified
by the applicant to be true and correct copiers of original materials
filed with that Department.
(8)
Statements indicating expected useful life of the
landfill site and the condition and proposed uses of said site upon
termination of operation, including, but not limited to, any limitations
on future uses due to decomposition gases.
(9)
An access road survey, which shall include the following;
(10)
Statement of applicant's prior experience, if any,
in operating landfills.
(11)
An environmental assessment statement, which shall
include the following:
(a)
A description of the proposed landfill and facilities.
(b)
A physical description of the environment affected,
including, but not limited to, summary technical data and maps and
diagrams adequate to permit an assessment of potential environmental
impact by commenting agencies and the public. Highly technical and
specialized analyses and data should be attached as appendices or
footnoted with adequate bibliographic references.
(c)
The interrelationships and cumulative environmental
(including economic) impact of the proposed landfill and other landfills
shall be stated with adequate technical analysis.
(d)
The sources of data used to identify, quantify
or evaluate any and all of environmental consequences must be expressly
noted.
(e)
The relationship of the proposed landfill to
land use plans, policies and controls for the affected area, including
statement as to how the proposed landfill may conform or conflict
with the objectives and specific terms of existing or proposed federal,
state, county and Township land use plans, policies and controls.
(f)
An analysis of:
[1]
The primary and secondary effects of the landfill
and its capacity to stimulate or induce changes in patterns of social
and/or economic activities.
[2]
The impact on existing community facilities
and activities, changes in natural conditions, etc.
[3]
The effect on natural and cultural features
such as streams, mountains, historic sites, landmarks, principal roads,
lakes and towns.
(g)
Specific data relating to the impact of the
landfill on local vehicular traffic.
(h)
Specific data relating to the impact of the
landfill on local water supplies, streams and rivers.
(i)
Specific data relating to the impact of the
landfill on natural and man-made local storm drainage facilities and
areas.
(j)
Specific data relating to the impact of the
landfill on the existing flood-hazard areas of the Township, including
details of any measures or precautions which may have to be taken
in order to provide adequate flood control in the Township.
(k)
A statement of any probable adverse environmental
effects which cannot be avoided (such as water or air pollution, undesirable
land use patterns, damage to life systems, congestion, threats to
health or other consequences adverse to the environment). Included
for purposes of contrast should be a clear statement of how other
avoidable adverse effects will be mitigated.
(l)
The relationship between local short-term uses
of the environment and the maintenance and enhancement of long-term
productivity. This section should contain a brief discussion of the
extent to which the proposed action involves short-term environmental
gains at the expense of long-term losses, or the converse, and a discussion
of the extent to which the proposed action forecloses future options.
In this context, the words short-term and long-term should be viewed
in terms of the environmentally significant consequences of the proposed
action.
(m)
The aesthetic impact of the proposed action
including its impact upon visual quality of the surrounding community.
(n)
An analysis of the success and/or failure of
similar projects, if the proposed project is of a nonconventional
nature. Determination of the conventional or nonconventional character
of the proposed project will be made by the Township Engineer.
(o)
A statement of any adverse effects on employment,
taxes and property values.
(p)
A statement of any effects on desirable community
growth.
(q)
A statement describing the location and impact
of the project on nearby recreation areas.
C.
In developing the above data, applicant shall convey
the required information succinctly in a form easily understood both
by members of the public and by public decisionmakers, giving attention
to the substance of the information conveyed rather than to the particular
form, or length, or detail of the statement. Statements should indicate,
at appropriate points in the text, any underlying studies, reports
and other information obtained and considered by the applicant in
preparing the statement. Care should be taken to insure that the statement
remains in essentially self-contained instrument capable of being
understood without the need for cross reference.
D.
Each environmental statement should utilize a systematic,
interdisciplinary approach which will insure the integrated use of
the natural and social sciences and the environmental design arts
in planning and decision making which may have an impact on the environment.
Application of such an approach should help assure a systematic evaluation
of reasonable alternative courses of action and their potential social,
economic and environmental consequences.
[Amended 8-13-2007 by Ord. No. 640]
A.
Every person receiving a permit under this article shall constantly maintain the landfill site in accordance with any special provision imposed by the Board and in the manner prescribed in this § 316-7 and any subsequent regulations adopted by the Board, plus all regulations currently imposed by the Solid Waste Management Act,[1] the DEP plus any subsequent regulations adopted by said
agency.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B.
The following regulations shall apply to all landfills
and landfill sites:
(1)
The landfill shall be located so that safe and adequate
access is available over public roads at all times. In doing so, any
access road, as defined herein, to the proposed landfill shall be
a minimum of 24 feet in width and paved with bituminous or concrete
materials having a surface and base course of sufficient depth to
withstand traffic loads, determined by the number and weight of trucks
anticipated in a daily operation of the proposed landfill. The Board
may further require that the cost of improvement of access roads to
provide this standard of access shall be assessed against the permittee
either by requiring contribution of monies sufficient to pay for the
improvements to the access roads, or by assessing dumping fees on
the operation of said landfill sufficient to pay for the improvements
to the access roads. The permittee shall give written, assurance that,
within one year of the termination of the landfill operation, all
access roads will be restored, if necessary to their condition as
existing immediately prior to the commencement of the operation as
determined by the Township Engineer.
(2)
All trucks entering and leaving the landfill site
shall be covered, and all access roads, as defined herein, to the
landfill shall be patrolled daily by the landfill or its designees,
to pick up and dispose of scattered and blowing papers or other refuse.
(3)
The landfill site shall be properly fenced along the
inter boundary of the buffer zone, as per Department of Environmental
Protection Regulations, to prevent blowing papers and other refuse
on adjoining properties. The fence shall be metal wire mesh construct
of No. 9 gauge wire woven in a two-inch mesh in full conformance with
the American Society of Testing Materials Specification A 491-71.
The surface height of the fence shall be eight feet, plus an additional
minimum of three strands of barbed wire, installed, at least six inches
apart, onto brackets affixed to the top of the fence at angle 45°
from vertical. The fence shall contain, at all entrances, gates which
are locked except during business hours. In addition, temporary litter
control fences shall be installed, in such a manner as to prevent
litter from dispersing onto the landfill site, no more than 75 feet
downwind from the immediate operating area. The landfill site shall
be adequately policed, and all litter shall be collected weekly and
incorporated into the landfill.
(4)
The landfill shall not be located on land mapped by
the Soil Conservation Service as having either a high water or seasonal
high water table or which is subject to flooding.
(5)
The landfill site shall be graded and provided with
drainage facilities to minimize runoff, prevent erosion and prevent
collection of standing water.
(6)
Burning and scavenging shall not be permitted.
(7)
Hours of operation shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. Saturday
(emergencies excepted); the landfill site shall not be operated on
Sundays and holidays. At least three employees shall remain at the
landfill site during business hours.
(8)
The landfill shall be located a minimum of 400 feet
from any other zoning district boundary line, and at least 500 feet
from any existing residence or any residence under construction at
the time of application.
(9)
The landfill shall be located a minimum to 200 feet
from any street not located within the landfill site and 200 feet
from any adjoining property line.
(10)
Maximum lot size shall be 75 acres.
(11)
The landfill, as well as all improvements erected
on the landfill site, shall be screened from view from the adjoining
proper boundaries, by a buffer zone of a minimum of 200 feet between
said site and improvements, and any adjoining property, in which shall
be placed a planting screen consisting of a variety of evergreen trees
in a solid double row with a minimum height of nine feet so as to
create a visual screening of said site and improvements from all adjoining
real property.
(12)
The grade of the landfill shall not exceed current,
existing DEP regulations. The final grading of the landfill shall
be done in a manner so that the landfill site is left in a useful
condition, in accordance with DEP regulations in effect at that time.
(13)
Wherever possible the trench method of landfill shall
be used with an appropriate liner as approved by DEP. In the trench
method refuse is placed in a trench, compacted and covered in longitudinal
cells. Cover material is obtained by the excavation of a parallel
trench. The area method of landfill shall be used where the trench
method would be impractical due to topographical or other conditions.
The area method involves the filling and covering of existing ravines
or other low places.
(14)
All solid waste shall be deposited in trenches or
low places, and shall be spread, compacted and covered by the end
of each day with a layer of dirt at least six inches deep.
(15)
All equipment on the landfill site shall be maintained
in a clean and neat condition.
(16)
Necessary measures shall be taken to prevent and extinguish fires.
Water at adequate volume and pressure, as determined by the Board,
to supply water hose streams, or foam producing equipment or water
spray systems, as well as necessary equipment, compatible with Fire
Department equipment such as hoses, nozzles and pumps for minimizing
fire hazards shall be available at the site. All equipment and buildings
shall be equipped with functional fire extinguishers. At least three
functional Scott Air Packs shall be housed at the landfill site.
[Amended 8-13-2018 by Ord. No. 801]
(17)
The landfill shall contain an on-site scale, and all solid waste delivered to the landfill site shall be weighed or the size estimated and recorded pursuant to § 316-11.
(18)
A certified copy of all reports, data, plans and other
material or information required to be submitted to Pennsylvania Department
of Environmental Protection shall be submitted to the Board.
(19)
A tire-cleaning area shall be provided on the access
road within the landfill site. All tires on all trucks leaving the
landfill site shall be cleaned. Runoff from the trucks leaving the
land fill shall be controlled in accordance with the provisions of
the Pennsylvania Stormwater Management Act.
(20)
Landfill liners, when required by the Pennsylvania
Department of Environmental Protection, shall be constructed in strict
compliance with DEP regulations.
(21)
An equipment cleaning area shall be provided on the
landfill site. All equipment used to grade and compact solid waste
in the landfill shall be cleaned daily to prevent odors, vectors and
other nuisances. All drainage from equipment cleaning; areas shall
be managed so as to prevent water pollution, and shall be discharged
to a sanitary sewer system or other facilities approved by the Board.
(22)
Groundwater monitoring wells shall be required and
shall be located both along with interior boundary lines of the buffer
zone outside the boundary lines of the landfill site as determined
by a DEP approved hydrogeologist, in accordance with the DEP regulations.
The water in each well shall be tested by the permittee monthly for
all items listed in the regulations of the Pennsylvania Department
of Environmental Protection, and for all other additional items as
may be required by resolution of the Board. The test result shall
be submitted, in writing, to the Board within 10 days after the date
of each test.
(23)
All facilities, equipment and personnel shall be equipped
with both an internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel,
and a device immediately available at the scene of operations, such
as a telephone or a handheld two-way radio, capable of summoning emergency
assistance from local police and fire departments.
(24)
The landfill site shall have at least one emergency access entrance,
which shall be locked except when used during an emergency situation.
Permittee shall provide a key to this entrance to both the landfill
inspector and the local fire departments.
[Amended 8-13-2018 by Ord. No. 801]
(25)
Emission of unpleasant gases or odorous matter shall
not be permitted in such quantities as to be offensive outside the
boundaries of the landfill site. Similarly, the sound pressure level
of any operation within the landfill site shall not exceed at any
point of residential occupancy outside of the landfill site boundary,
reasonable decibel levels for those locations.
(a)
Sanitary toilet facilities, as approved by the
Board, shall be constructed and made available for use by persons
on the landfill site.
(b)
Permittee shall prepare, and update when needed, a detailed
map of all haul roads within the landfill. This map shall be submitted
to the local police and fire departments within 10 days of its completion
or update.
[Amended 8-13-2018 by Ord. No. 801]
(c)
Upon completion of each major phase of landfill
construction, certification shall be provided by a professional engineer
registered in the Commonwealth of Pennsylvania, indicating that the
actual landfill construction was observed by such engineer or his
agents, and that said construction is in strict conformance with permit
requirements of both the Pennsylvania Department of Environmental
Protection and ordinances of the Township.
(d)
Standby equipment shall be on-site available
within 24 hours of equipment failure. In the event of equipment failure,
standby equipment shall be utilized.
(e)
Hours of operation and operating fee rates shall
be prominently displayed on a sign at the entrance. The sign shall
be a minimum size of three feet by four feet and the lettering shall
be readable with the naked eye from a minimum distance of 50 feet.
The sign shall in all other respects comply with all other Township
of Exeter regulations as to signs.
Within 90 days of the receipt of an application for a permit by the Board, the Board shall issue a permit or shall refuse to issue a permit to the applicant after an examination of the application and after determination that the applicant has complied with regulations in this article, including, but not limited to, § 316-6A.
No permit issued by the Board shall be transferable
by the permittee to any other entity unless such a transfer is authorized
by the Board. Any entity desiring to transfer his permit shall notify
the Board, in writing, which notification shall be accompanied by
an application for a permit, as prescribed by this article, by the
transferee.
In the event the Board shall approve the transfer
of a permit, the transferee shall immediately pay to the Township
a transfer fee in an amount as established from time to time by resolution
of the Borough Council account of expenses and investigation of transfers
by Township.
Every person who has obtained a permit under
this article shall provide and keep a daily log. Permittee shall be
responsible for the accuracy of all information contained in the daily
log. The daily log shall contain the following information written
down in the English language:
A.
The origin of all solid waste accepted by the landfill
site.
B.
The weight of all solid waste accepted by the landfill
site.
C.
The number of trucks bringing solid waste to the landfill
site.
D.
The number of vehicles other than trucks bring solid
waste to the landfill site.
E.
The type of solid waste accepted by the landfill site.
F.
A complete record of all monies accepted by the landfill
operation for solid waste brought to the landfill site.
G.
The name, home address and telephone number and license
plate number of each vehicle bring solid waste to the landfill site.
A.
The Board shall appoint or hire a landfill inspector,
who shall be required to regularly oversee and inspect the landfill
operation, the landfill site and all vehicles entering or leaving
the landfill site to monitor compliance with the regulations contained
in this article. The inspector is required to submit monthly reports,
in writing, to the Board concerning the condition of the landfill
and landfill site.
B.
The permittee shall at all times allow the landfill
inspector access to the following:
(1)
All records, data, material, books and other information
kept or maintained by the permittee.
(2)
All areas of the landfill site, including, but not
limited to, the landfill and all solid waste delivered to or disposed
in the landfill.
(3)
All equipment, vehicles, buildings or other improvements
and appurtenances located on the landfill site, including, but not
limited to, all vehicles entering or leaving the landfill site.
C.
The landfill inspector shall have authority to order
the permittee to cease all operations at the landfill site and to
order permittee to lock all entrances to the landfill site if the
landfill inspector has reasonable cause to believe that the landfill
site is, or has been, operated in violation of this article or any
ordinance of the Township, the Pennsylvania Solid Waste Management
Act, or the regulations or standards established by the Pennsylvania
Department of Environmental Protection. The landfill inspector shall
immediately notify the Board of the action taken, and the Board shall,
within 10 days of the notification by the landfill inspector, act
to approve, amend or disapprove the action taken by the landfill inspector.
Failure by the Board to act within the ten-day period shall be deemed
to be a disapproval of the action taken by the landfill inspector.
The Board shall from time to time levy, by resolution,
an operating fee based upon the amount of solid waste disposed on
the landfill site, which fee shall be used to administer this article.
The operating fee shall be established by resolution of the Board.
Said fees shall be collected by the permittee from all persons delivering
solid waste to the landfill site, and shall be submitted to the Board
monthly.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
In addition to the remedies provided above,
any continued violations of this article which shall constitute a
nuisance in fact or which shall, in the opinion of the Board, constitute
nuisance, may be abated by proceeding against the violator in a court
of equity for relief.
A.
Any permit granted by the Board under the provisions
of this article shall be revocable, or subject to suspension, at any
time, upon the determination by the Board that the landfill or landfill
site:
(1)
Is, or has been, conducted in violation of this article
or any other ordinance of the Township, the Pennsylvania Solid Waste
Management Act or the standards of the Pennsylvania Department of
Environmental Protection.
(2)
Is creating a public nuisance.
(3)
Is creating a potential hazard to the public health,
safety and welfare.
(4)
Adversely affects the environment.
B.
No person or entity shall operate any landfill during
revocation or suspension and, upon conviction thereof in a proceeding
commenced before a Magisterial District Judge in accordance with the
Pennsylvania Rules of Criminal Procedure, be sentenced to a fine of
not more than $1,000, plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days.
A.
The licensed premises shall at all times be subject
to inspection by the Board of Supervisors and the Department or their
duly authorized officer for the purpose of determining whether the
requirements of this article are being complied with. The license
shall be subject to suspension by the Board of Supervisors for failure
to comply with this article and a license so suspended may be reinstated
by said Board for the balance of the year for which it was issued
upon compliance with the provisions of this article. No person shall
engage in a sanitary landfill or compost operation in the Township
during the time when the license therefore shall have been suspended.
C.
The Board of Supervisors may refuse to renew the license
of any person who fails to operate and maintain his sanitary landfill
or compost operation in accordance with Township regulations or in
accordance with the plans and specifications under which this license
was issued.
All landfills or operators thereof shall maintain
liability insurance in minimum amounts of $5,000,000 each individual
and $10,000,000 each incident, for any harm, damage or injury befalling
anyone as a result of the existence and/or operation of said sanitary
landfill. A disaster policy shall be obtained in the amount of at
least $30,000,000, which policy shall provide for environmental restoration
in the event of sudden and accidental or gradual pollution caused
by discharge, dispersal, release or escape of pollutants. All policies
required by this article shall have a minimum cancellation period
of not less than 30 days after receipt in writing of the notice of
cancellation by the Board. All policies required by this article shall
be maintained by the permit holder throughout the entire period of
the landfill operation.
If any section or provision of this article
shall be found to be invalid, the other sections or provisions of
this article shall not be affected thereby.
