[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam 10-5-1995 by Ord. No. 1995-11. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Toxic/Radioactive Waste Ordinance of Hellam Township, York
County, Pennsylvania of 1995."
A.
The purposes of this chapter are:
(1)
To protect the health, safety, and general welfare
of all Township citizens and other persons by preventing exposure
to toxic/radioactive substances in all media;
(2)
To preserve the natural environmental qualities of
all land and its flora and fauna within the Township;
(3)
To promote the sustainable economic well-being of
the Township by preservation of camping, hunting, fishing, and other
recreational opportunities;
(4)
To protect against the infliction of psychological
or emotional stress on Township citizens from the reasonable fear
of exposure to toxic/radioactive waste;
(5)
To preserve the values of a healthy environment for
future generations;
(6)
To preserve and protect agriculture and agricultural
related activities and to preserve a productive base and climate for
future generations.
B.
Any interpretation of this chapter shall give priority
to the purpose 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.
Two separate teams with a minimum of seven individuals on
each team, who shall be appointed by the Township Board of Supervisors
with the assistance and recommendation of the local Clean Air Committee.
Said teams may be deemed a part of said local Clean Air Team, or any
member of that Committee may serve on either team. Said teams shall
avail themselves to consultants who possess the technical and specialized
information deemed appropriate and necessary to perform their function
and role.
The portion of the waste site that is controlled by the licensee
and that lies under the waste units, and between the waste units and
the site boundary.
Pennsylvania, Delaware, Maryland and West Virginia.
The first sealed leakproof solid enclosure which encompasses
the toxic/radioactive waste, and which may include a means for controlled
bleeding of gaseous decay products into another container.
The isolation of toxic/radioactive waste substances and radiation
from the biosphere by means of engineered barriers and waste site
design.
An individual who is or shall become a permanent resident
to be chosen by the host municipality whose full compensation shall
be reimbursed to the Township by the operator. The basic minimum qualifications
for employment shall include a graduate degree in environmental sciences/engineering
with experience in monitoring of toxic/radioactive waste. The candidate
shall not be presently or previously employed, directly or indirectly,
by a toxic/radioactive waste generator or transporter. The controlling
officer will be required to remain current and abreast of issues and
information affecting the disposal of toxic/radioactive waste.
All information regarding origin, contents, transport, and
other relevant data for all toxic/radioactive waste.
, grout, or other material which is placed in void spaces
between toxic/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 isotopes in the
radioactive waste or toxicity in other wastes to decay to levels at
the waste site no higher than those measured prior to the site being
used for the storage of toxic/radioactive waste.
The engineered design features which eliminate the inflow
or outflow of solid, liquid, or gas by any means including selective
absorption and adsorption, or ion exchange, except into a container
through a control valve.
Low-level radioactive waste that either:
A ten-mile radius from the center of the waste site.
Any person or entity that stores toxic/radioactive waste
or maintains a toxic/radioactive waste facility or any part thereof
in Hellam Township.
The Toxic/Radioactive Waste Ordinance of Hellam Township
of 1995 and any subsequent amendments thereto.
A public facility which is stocked with historical and current
information related to all forms of toxic/radioactive waste, preservation
of the environment, protection of the people, flora and fauna, and
all matters related to the health, safety, and welfare of the host
municipality. All expenses related to the establishment, operation,
and/or activity of this facility shall be determined by the host municipality
and shall be at the sole expense of the operator.
An individual who is or shall become a permanent resident
and shall have equal or better qualifications as the controlling officer
and shall have full access to any laboratory or technical equipment
required to perform any and all related monitoring of operations,
whose full compensation shall be reimbursed to the host municipality
by the operator.
Low-level radioactive waste (LLRW) as defined in Section
11(e)(2) of the Atomic Energy Act of 1954, codified as amended at
42 U.S.C. § 2014 (e)(2), or in the Pennsylvania Low-Level
Radioactive Waste Disposal Act, Act 1988-12, 1988 Pa. Legisl. Serv.
23 (Purdon) ("LLRWDA"),[1] Low Level Radioactive Waste Disposal Regional Facility
Act, Act No. 1990-107, whichever is more exclusive.
Independent daily water well, surface water, soil, gas and
oil well, plant, and continuous air sampling, as well as human and
animal health survey or tests as shall be recommended or requested
by an individual or recognized health practitioner. Such required
records shall be kept regarding the waste facility, waste site, and
the area within the host as well as affected municipalities. Such
data collection shall commence with the siting and be required and
directed by the host municipality. A copy of these records shall be
made available through the public access to information. Any costs
associated with such required records shall be borne by the operator.
Fully funded and appropriately trained fire, emergency, medical,
support, transportation, development, maintenance, and environmental
resources personnel, along with necessary staff, facilities and equipment
and other benefits deemed necessary which shall be provided at the
sole expense of the operator for the welfare of the host and affected
municipality residents. Such benefits shall be fully in place and
functioning prior to the operation of the disposal facility, free
to the recipients, and shall continue through the active institutional
control period.
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 causes killing of fish or wildlife; threatening the viability
of an endangered species or any species placed on a "threatened" of
"special concern" list; 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.
Hellam Township, York County, Pennsylvania.
The three leakproof structures, referred to in this chapter
as a container, waste module and waste unit, each of which independently
insures the containment of toxic/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
toxic/radioactive waste is stored, including all improvements thereon.
A second leakproof engineered structure harboring the containers
within a hazardous waste unit.
The land on which the hazardous waste facility is located,
including the buffer zone.
A third leakproof engineered structure which contains hazardous
waste modules.
The number of test wells to be drilled at appropriate depths
around the perimeter of the waste site as well as public and all private
wells of residents of the host or affected municipalities.
[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:
A.
Pennsylvania Constitution, Article I, Section 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.
Pennsylvania Air Pollution Control Act, 35 P.S. § 4001
et seq.;
D.
Pennsylvania Local Tax Enabling Act, 35 P.S. § 6901
et seq.;
E.
Appalachian States Low-Level Radioactive Waste Compact
Act 1985, 35 P.S. § 7125.1 et seq.;
F.
Pennsylvania Low-Level Radioactive Waste Disposal
Act ("LLRWDA"), 35 P.S. § 7130 et seq.;
G.
Clean Air Amendments of 1977, 42 U.S.C. §§
7416 and 7422;
H.
Low-Level Radioactive Waste Policy Amendment of 1985
and in effect as of January 1, 1986;
I.
Pennsylvania Act 107, July 1990.
A.
Siting.
(1)
A waste site shall have geological characteristics such that all applicable state and federal emission requirements may be met without the use of dedicated engineered barriers, other than the entrance described in Subsection C(2).
(2)
There shall be no active or inactive water wells,
gas or oil wells, brine wells, or other underground storage areas
on the waste site.
(3)
Surface features of the waste site shall be designed
to direct water drainage away from waste units at velocities and gradients
which will not result in erosion. No water shall drain from the waste
site to any off-site location or into any aquifer, without permission
from the controlling officer. Water shall be collected into an appropriate
holding facility until tested safe for drinking purposes.
(4)
No waste site shall be located in recharge zones for
sources of local drinking water, headwaters of any waterway, wetlands,
floodplains or habitats of endangered, threatened or special concern
species.
B.
Performance.
(1)
No toxic/radioactive emissions into the outdoors atmosphere
from a waste site within Hellam Township shall exceed or cause exposures
which exceed, applicable federal law, the standards adopted pursuant
to this chapter, or any other law adopted under the authority of the
Commonwealth of Pennsylvania.
(2)
The operator of a waste facility shall perform active
and passive monitoring which shall detect any releases of toxic/radioactive
substances into the buffer zone and/or monitoring zone, as well as
releases from waste modules, waste units, and from the waste site,
for the active institutional control period, and provide continuous
verification of performance satisfactory to the controlling officer
and local officials.
(3)
The waste facility must be designed and operated to
achieve containment for the hazardous life of the waste. Prior to
construction, the waste facility design shall be tested and analyzed
with a physical, working model to demonstrate that Its performance
and its interactions with the environment at the waste site are consistent
with this chapter. The facility design shall demonstrate that toxic/radioactive
waste containment can be maintained for any maximum disruptive external
event, including a worst-case accident scenario.
(4)
The waste facility design and operation must be upgraded
as safer technologies are devised and satisfactorily demonstrated.
(5)
There shall be continuous, appropriate monitoring
and security of the waste facility by qualified, trained personnel
24 hours per day commencing with construction and continuing for the
active institutional control period under the direction of the local
officials and the controlling officer, at the sole expense of the
operator.
C.
Design.
(1)
A waste facility shall be designed for zero release
of toxic/radioactive waste into effluents, and shall not permit liquid
or gaseous infiltration through any engineered cover, bottom, side
or entrance during the hazardous life of the facility.
(2)
The waste facility shall be an aboveground facility
mounded with earth and a cap for tornado protection with a sealed
entrance permitting access so that leaking containers can be easily
and safely located and removed.
(3)
Neither the containers nor the waste modules are to
be covered by any type of fill that would cause loss of integrity
of the containers or the waste modules if recovery of the waste is
undertaken.
D.
Operation.
(1)
The waste facility shall only accept waste with those
physical and chemical properties for which it is designed and which
it is capable of containing for the hazardous life of the waste. All
facility records shall be retained for the active institutional control
period. Facility records shall be forwarded to the controlling officer
no later than the first Monday of each month or as requested.
(2)
All classes of waste shall be segregated from each
other unless they were mixed as they were generated. Generation practices
shall be conducted to minimize mixing. Classes of Waste A, B, and
C, and mixed waste, as defined in 10 CFR 61.55(1989), shall be contained
for their hazardous lives. No waste greater than Class C shall be
accepted even though it may have been diluted to a lower level of
radioactivity.
(3)
No radioactive materials generated outside the Appalachian
Compact states and not designated as waste prior to shipment into
Pennsylvania or other Compact states, but thereafter declared to be
waste, shall be disposed of or stored in the Township, except as provided
by LLRWDA, Section 309.[2] No waste generated outside the United States shall be
disposed of or stored in the Township, even if the company generating
the waste has its corporate headquarters, is incorporated, has offices,
receives such waste at its facilities, or through a port of entry
in one of these Compact states.
[2]
Editor's Note: See 35 P.S. § 7130.309.
(4)
In the event toxic/radioactive substances from the
waste facility contaminate any area outside the waste site, the operator
shall clean up all contamination and shall restore all such contaminated
areas to their preexisting and noncontaminated state.
(5)
The waste facility shall accept waste for no more
than 30 years. No additional toxic/radioactive waste shall be stored,
disposed of, or treated anywhere in the Township after that thirty-year
period.
(6)
Routine operations of said waste facility shall be
conducted solely between the hours of 9:00 a.m. and 5:00 p.m., Monday
through Friday, excluding any legal holidays. Acceptance of waste
by the operator at the waste facility not in accordance with the guidelines
established by this chapter, shall result in immediate cessation of
operations.
(7)
No permits are transferable to other parties without
express written approval of the Hellam Township Board of Supervisors.
Neither shall the operator, its parent company or subsidiaries transfer
title to the waste site and/or waste facility without written permission
from the Township. Further, no generator of waste, including its parent
company or subsidiaries, shall transfer title to the wastes to be
disposed of at any waste site and/or waste facility without first
obtaining written permission from the Hellam Township Board of Supervisors.
A.
No person shall own, operate, or modify any toxic/radioactive waste facility so as to allow the direct or indirect release of toxic/radioactive substances into the air, whether in gaseous, particulate, mist, vapor, or other form, or through any pathway, except in compliance with air pollution control standards included in a permit to be obtained from the controlling officer prior to operation, pursuant to § 449-9 of this chapter.
B.
Any person seeking to obtain a permit pursuant to
this chapter shall state in its permit application to the controlling
officer the chemical and physical forms, specific isotopes, half life,
and number of curies of each substance expected in the toxic/radioactive
air emissions. The appropriate formulas for calculating the weight
equivalent to one curie, and the number of millirems associated with
potential exposures to one curie shall be specified for each radioactive
isotope.
C.
The Clean Air Committee established under § 449-8F of this chapter shall determine, after notice and hearing, whether the expected toxic/radioactive air emissions stated in the application will present a significant threat of hazard to life, health or property. If the Clean Air Committee determines that the expected emissions stated in the application will not present such a threat, then it shall report to the controlling officer that the expected emissions included in the application form shall be included in the permit as the applicable air pollution control standards. Otherwise, the Committee shall establish such toxic/radioactive air pollution control standards necessary to avoid a significant threat, which standards shall be included in the permit.
D.
The controlling officer shall enforce such air pollution
control standards as the Township may establish, and may approve a
permit application when satisfied that all requirements of this chapter
are fulfilled.
E.
A material breach of this section shall be grounds
for revocation of the clean air permit and enjoining further receipt
of materials into the facility until the controlling officer is satisfied
that no further such breach will occur.
A.
Transporters of toxic/radioactive substances to a
waste site or waste facility in the Township must obtain a certificate
for hazardous transport from the controlling officer for each year
of operation. An applicant for such a certificate shall submit a description
of, and the safety record for, the transportation firm, each vehicle
and individual driver who must possess 10 years over the road experience.
Grounds for denying a certificate for transporting toxic/radioactive
substances into the Township shall include, but not be limited to,
a poor safety record, failure to disclose significant safety information,
inadequate insurance or inadequate compliance with the requirements
of this chapter.
B.
An application for a certificate for hazardous transport
must include the following documentation:
(1)
Characterization and percentage content of the toxic/radioactive
substances by name, curie content, toxic nature and potential;
(2)
Names of all sources and brokers of the toxic/radioactive
substances, under all corporate names (showing corporate relationships),
addresses and telephone numbers;
(3)
An emergency and evacuation plan in the event of a
road accident within the Township, including a twenty-four-hour emergency
telephone number.
C.
Upon receipt of a certificate for hazardous transport,
the transporter shall pay a fee to the Township to be determined by
the Board of Supervisors on recommendation of the controlling officer.
The fee shall reflect the administrative costs of granting the certificate,
the relative hazard and potential risk to the public health and safety
due to the transported cargoes, and the costs to the Township of monitoring
and protecting against those risks. The fees shall be deposited in
the hazardous materials transport emergency fund, which shall be used
for purposes related to transport of toxic/radioactive substances.
D.
The controlling officer or other authorized official
may stop and inspect any vehicle transporting toxic/radioactive substances
into the Township to determine compliance with this chapter and may
turn back any such vehicle that presents or is suspected of presenting
a significant threat.
E.
All highway vehicles, including but not limited to
trucks, tractors, and trailers hauling toxic/radioactive substances
to a waste site must display a current Pennsylvania State Inspection
sticker.
F.
Transporters of any toxic/radioactive substances to
the waste facility must file a shipping manifest with the Township
office 24 hours in advance of entering the Township, detailing the
route and approximate time of transit through the Township. This manifest
shall include but not be limited to information on the name of the
transporter; certificate for hazardous transport number; characterization
and percentage content of the toxic/radioactive substances by name,
curie content, toxic nature and potential; and emergency procedures
in the event of a road accident within the Township.
G.
Operators of the waste facility shall provide police,
fire and other emergency personnel with appropriate protective equipment
and training on emergency procedures in the event of an accident within
the Township.
A.
The Supervisors of the Township shall appoint by resolution,
an administrative official, the controlling officer, to perform all
administrative duties and exercise all administrative powers of the
Township conferred by this chapter or by LLRWDA, Section 502.[1]
[1]
Editor's Note: See 35 P.S. § 7130.502.
B.
The controlling officer's duties are as follows:
(2)
The controlling officer shall appoint two host municipality
benefits and guarantees teams, with the approval of the Board of Supervisors.
One team shall negotiate only the financial benefits and guarantees
with the operator. The other team shall negotiate only the health,
safety, environmental and other benefits and guarantees with the operator.
It shall be prohibited to trade a benefit or guarantee negotiated
by one team for a benefit or guarantee negotiated by the other team.
Any and all expenses incurred by members of the teams shall be borne
by the operator. The Board of Supervisors shall approve all benefits
and guarantees.
(3)
The controlling officer, or one designated by the
controlling officer, shall be notified one month in advance of any
meetings being held that address issues pertaining to the storage,
disposal or treatment of toxic/radioactive waste in Hellam Township.
These local representatives shall have the right to attend all meetings
and all sessions of those meetings and shall have the same powers
and authority as other members of the committees.
D.
All information concerning the waste facility and/or
waste facility site which would be available under the federal or
state "right-to-know" laws shall be routinely provided to the controlling
officer by the operator and be made immediately available through
the Public Access to Information, as defined.
E.
The controlling officer and/or qualified inspector
shall exercise all powers under LLRWDA, Section 502.[4] The controlling officer shall be empowered to enforce
the provisions of this chapter by appropriate remedy including injunctions
for the abatement of a nuisance.
[4]
Editor's Note: See 35 P.S. § 7130.502.
F.
The Township Board of Supervisors shall appoint a
Local Clean Air Committee ("Local Committee"), which shall, in accordance
with this chapter and upon notice and hearing, establish standards,
subject to approval by the Township Board of Supervisors, for toxic/radioactive
air emissions, whether in gaseous, particulate, mist, vapor, or other
forms, or through any pathway, sufficient to protect the health, safety,
and welfare of the public, with an ample margin of safety. The operations
of the Local Committee shall be funded from application and permit
fees, which shall cover payment of the costs of experts in monitoring
and assessing the health effects of exposure to radioactive isotopes,
radiation, and toxic substances, and the cost of conducting hearings,
collecting information and preparing a final report by the Local Committee.
G.
The Township Officials may appoint other local boards,
authorities, departments, commissions, or committees deemed necessary,
whose compensation and/or related expenses shall be borne by the operator.
Their responsibilities shall include, but not be limited to, the supervision
and ongoing establishment of requirements which insure effective operational
compliance and strict adherence to this chapter for the protection
of the health, safety, and welfare of the citizens and their environs.
Responsibilities shall also mean consultation and access to information
which would keep them abreast and current on all matters. Appointments
shall commence with the siting process and may continue throughout
the active institutional control period.
A.
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, Act
1988-12, 1988 Pa. Legisl. Serv. 23 (Purdon) ("LLRWDA"), 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
radioactive waste as specified above shall be deposited at a waste
facility holding a Clean Air Permit under this chapter.
B.
Applications for a Clean Air Permit under this chapter
shall be filed with the Township Manager, who shall issue a permit
upon approval of the application by the controlling officer, Local
Committee and qualified inspector. Application shall be made in the
name of the applicant and its parent corporation.
C.
In addition to the information required by § 449-6B hereof, an application for a clean air permit must be accompanied by the following documentation:
(1)
A site plan identifying the location and function
of all structures on the waste site;
(2)
Proof of ownership of the site, or a contract conveying
rights to the site by the owner;
(3)
A property survey of the site by a registered licensed
surveyor showing contours of five-foot intervals, description of perimeter
land use and zoning within a two-mile radius of the site, and proximity
to any structure, or other feature such as stream or well, within
1,000 feet of the waste site;
(4)
All necessary licenses and permits from state and
federal agencies, along with the associated application materials
submitted to those agencies;
(5)
Approval of an emergency control and evacuation procedure
plan by the Township Board of Supervisors, after public hearing;
(6)
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
solid analysis on fifty-foot grid, core sample to bedrock, leachate
analysis; titles, easements and dedications; oil, gas and mineral
rights; hydrology of the site, groundwater, aquifers; fauna habitat
and migratory survey; storage of fuel; security police, 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;
a quantitative age- and sex-related assessment of the risk to Township
residents of experiencing any fatalities, any of the known human cancers,
genetic diseases, birth defects, and/or mental retardation that could
result from either internal or external exposure to any of the toxic/radioactive
substances at or emanating from the waste site. This risk assessment
must include calculations of maximum concentrations of contamination
in the air, surface and groundwater, and the soil, under emergency
conditions, such as a worst-case-accident scenario or the failure
of an air pollution control unit.
(7)
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 at the operator's expense to Township
Officials and the general public upon request.
(8)
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.
D.
At the time the application for a clean air permit is submitted by the operator, pursuant to §§ 449-6B, 449-6C, 449-8F, 449-9B and 449-9C, the operator shall pay a fee of $500,000 or such higher amount as shall be determined by the Township Board of 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 § 449-8F of this chapter, and the acquisition by the Township of supplemental monitoring capacity.[1]
A.
Each operator of a waste facility licensed hereunder
shall pay to the Township an annual fee of 10% of the annual gross
receipts associated with the operation of the facility, but no less
than $500,000 per annum or such other minimum payment as may be determined,
after notice and opportunity for hearing before the controlling officer
and other designated officials. The fee shall be deposited into a
special fund to reimburse the Township for all municipal costs associated
with the operation of the facility, such as fire and safety preparedness,
road maintenance, inspection and regulation, monitoring, natural resource
maintenance, self insurance for the risk of loss to the Township,
quality of life expenditures to offset stress of living near the waste
facility, the administration of this chapter, and other purposes stated
in LLRWDFA, Section 318(f).[1], [2]
B.
Analysis of municipal costs associated with the operation
of the facility will be made by the controlling officer and other
designated officials, who will make recommendations to the Township
Board of Supervisors for any such adjustment as may be necessary to
assure that the percentage fee is directly related to such costs,
including a reasonable reserve for possible future costs to the Township
during any phase of the active institutional control period when gross
receipts might decline below costs.
C.
Adjustments made to the annual fees and tipping fees
after analysis of municipal costs and required services may be applied
so as to increase or decrease the annual fees and/or tipping fees
for subsequent years.
D.
The operator shall pay for any legal and accounting
costs which result from the challenge of any action taken pursuant
to this chapter by the Township or by any of its officials or citizens
of the host or affected municipalities.
E.
The Township shall require an annual audit and appoint
an independent auditor to review all necessary and appropriate records
to assure compliance and accurate accounting related to the operation
of the waste facility; related costs to be borne by the operator.
F.
Any fees, surcharges, costs, and expenses provided
for herein shall be paid biweekly by the operator to the municipality.
Those monies due that are based on gross annual receipts shall be
estimated and such estimates shall not be less than 90% of actual
gross income form January through November. All monies due shall be
paid in full by December 31 of each calendar year. All operations
shall immediately cease for noncompliance with this requirement. Operations
shall not resume until all monies are paid in full, plus additional
interest at the highest current rate allowable by law, plus an additional
default rate of a minimum of 25%, or the highest possible default
rate allowable by law.
G.
The operator shall pay a surcharge of 5% of the gross
annual operating budget to the host municipality which shall be placed
in a "special-fund account" invested in the manner allowed for Townships
of the Second Class to be used for the sole benefit of any landowner
or full-time resident of the host or affected municipality to cover
related medical expenses incurred due to inadequate operations or
accidents. In the event of a major accident, such residents shall
be fully reimbursed for any and all property at the full market value
adjusted for inflation that would have existed in the absence of siting
any waste facility in the area.
H.
The operator shall be responsible for payment of school
district and property taxes for all individuals whose primary residence
is within the Township for the operational life of the facility. In
addition, any landowner in the Township will be guaranteed the sale
of property or purchases by the site operator at property values at
the full market value adjusted for inflation that would have existed
in the absence of siting any waste facility in the area.
A.
Hellam Township police officers, the appropriate enforcement
officers of Hellam Township, or other appropriate officer or officers
of Hellam Township shall have the power to enforce the provisions
of this chapter.
B.
Any person who violates or permits a violation of
this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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 all costs of prosecution,
including, but not limited to, attorneys’ fees, and in default
of payment thereof, shall be imprisoned for a term not to exceed 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.
[Amended 9-5-1996 by Ord. No. 1996-6; 2-6-1997 by Ord. No. 1997-1]
C.
Each day that a violation continues shall constitute
a separate offense. In the event a violation of this chapter involves
the emission of radioactive substances in the environment, each millirem
of radiation, or part thereof, in excess of the clean air permit air
pollution control standards resulting from such emission shall constitute
a separate offense.
D.
Prior to issuance of a permit, the operator shall
furnish a bond for payment to the Township of penalties, fees and
any other liabilities that may arise from the activities regulated
by this chapter in an amount to be determined by the controlling officer
after notice and hearing.
E.
Generators of any waste stored in the Township, transporters
of such waste, the operator of a waste facility, or any other person
who causes damage to person or property in the Township as a result
of dealing with toxic/radioactive waste shall be strictly liable,
jointly and severally, for all such damages, and shall also be liable
for any negligence and gross negligence, without limitation. Liability
insurance satisfactory to the controlling officer in the amount of
$100,000,000 shall be provided by the operator and shall apply to
sudden and non-sudden bodily injury or property damage on, above,
or below the surface. The insurance shall be sufficient to restore
any contaminated property to its preexisting and noncontaminated state.
As used in this section, generators, transporters, the operator and
any other person shall include parent and subsidiary corporations.
In the event Hellam Township is not the host
municipality, but becomes an affected municipality as defined in LLRWDA
Section 103 and Section 318,[1] and in the absence of an equally stringent ordinance for
protection in said host municipality; this chapter shall take precedence
and become in effect and govern in all respects as it relates to the
health, safety, and welfare of the citizens of Hellam Township and
their environs.
[1]
Editor's Note: See 35 P.S. §§ 7130.103 and
7130.318.
