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HomeMy WebLinkAboutPeters Operation of Landfill Ordinance 239 ORDINANCE NO. 87-4 AN ORDINANCE OF THE TOWNSHIP OF PETERS, FRANKLIN COUNTY, PENNSYLVANIA, REGULATING AND ESTABL HING THE OPERATION OF THE SANITARY LANDFILLS AND SOLID WASTE MANAGEMENT FACILITIES, AND ESTABLISHING CRITERIA FOR SUCH USES. WHEREAS, the Supervisors of the Township of Peters, Franklin County, Penns- ylvania, have determined that regulations governing the dumping or otherwise de- positing of ashes, garbage, rubbish and other refuse materials within the Towns- hip is necessary in order to protect the health, safety and welfare of the citi- zens of Peters Township, and to provide for the inspection and control of opera- tions in such facilities, IT IS HEREBY ORDAINED by the Supervisors of the Township of Peters, Franklin County, Pennsylvania, pursuant to authority granted in the Second Class Township Code, Act of Assembly 1933, as amended 53 P.S. § 65708, as follows: Section 1 A Sanitary Landfill or a Solid Waste Management Facility in the Township of Peters, Franklin County, Pennsylvania, will be permitted only after application and provided that the use proposed complies with all applicable requirements set forth in this ordinance and any other ordinance of the Township of Peters and all DER requirements. Section 2 Any person intending to install or operate a Sanitary Landfill or Solid Waste Management Facility in the Township of Peters shall apply for a permit and pay at that time an application fee of ONE THOUSAND, FIVE HUNDRED ($1,500.00) DOLLARS and shall deposit with the Township an amount equal to five (5%) percent of the estimated construction cost of the proposed facility, the minimum deposit being TEN THOUSAND ($10,000.00) DOLLARS to be applied to the reasonable legal and engineering cost to the Township of Peters for review of the application and for preparation of studies and agreements in connection therewith, which shall include all such costs incurred by the Township of Peters until final approval and issurance of occupancy permit and beginning of lawful operation. The appli- cant may elect to pay one-half (1,) of the deposit at the time of submission of the application and the balance at the time of approval of conditional use. In place of a deposit the applicant may elect to produce an irrevocable letter of credit issued by a bank or savings and loan association doing business in the Commonwealth of Pennsylvania, satisfactory to the Board of Supervisors. A refu- nd of the excess of the deposit over such costs will be made to the applicant. Section 3 The following conditions as well as any other reasonable conditions may be imposed by the Board of Supervisors as conditions of approval of any Sanitary Landfill or Solid Waste Management Facility at the discretion of the Board: (a) The applicant shall be required to pay a user fee of ONE ($1.00) DOLLAR per ton based upon the quantity of solid waste deposited in the Sanitary Landfill or processed at the Solid Waste Management Facility. Such user fee may be subject to adjustment from time to time by reference to the Consumer Price Index - U.S. All items as compiled by the United States Department of Labor, Bureau of Labor Statistics, or similar index, provided the minimum user fee shall be ONE ($1.00) DOLLAR per ton. The user fee shall 240 apply to each Sanitary Landfill or Solid Waste Management Facility. Thus, the user fee is applicable in regard to disposal of inciner- ator ash at a landfill in Peters Township even though the user fee already has been paid for processing at an incinerator. --- (b) - The .applicant_shall-be:required ,to' permit access to its operational and financial records for the purpose of periodic review by a Governmental Advisory Board consisting of three (3) Supervisors of Peters Township and two (2) members appointed by the Board of Sup- ervisors of Peters Township. (c) The applicant may be required to offer unconditionally to purchase properties containing residential buildings at the time of the application located within eight hundred (800) feet of the boundary line of the tract on which the Sanitary Landfill and/or Solid Waste -- Management Facility is proposed. The offer to purchase such resident- ial properties shall include the residential structures, together with the minimum lot size permitted by the Peters Township Subdivision Ordi- nance for a single family detached residence. To determine the amount to be offered to each property owerw, a panel of three (3) qualified appraisers shall be retained. One appraiser shall be selected by the owner of the property in question and a second appraiser selected by the applicant for Conditional Use approval. The reasonable cost of the appraisals shall be paid by the applicant. The applicant may be requi- red to offer unconditionally an amount equal to the mean appraised value of the property based on the three appraisal reports, plus twenty- five (25%) percent of such mean value. Such properties when purchased shall remain part of the tract on which the Sanitary Landfill and/or Solid Waste Management Facility is located and owned by the owner there- -- of so loig as such landfill or facility continues to operate. The value shall be determined as the value existed immediately preceding the appl- ication and as unaffected by it. (d) The applicant at its expense may be required to improve the Township road network connecting the site to Legislative Routes in accor- dance with a plan approved by the Township. Reference shall be made to Section 8 hereinafter set forth. Section 4 The applicant shall provide satisfactory documentation to indicate that the proposed application has been approved by all applicable State and Franklin Coun- ty authorities having control or supervision over Sanitary Landfill and/or Solid Waste Management Facilities. Section 5 The applicant shall comply with all applicable Federal and State regulations. Section 6 (a) The minimum lot size for a Sanitary Landfill shall be one hundred fifty (150) acres. (b) The area in which actual landfill operations occur shall have a minimum set back measured from all public road rights-of-way, adjoining prop- erty lines, creeks, streams, water courses, bodies of water and quarries of eight hundred (800) feet. 241 Section 7 A Sanitary Landfill or Solid Waste Management Facility for municipal waste in Peters Township shall not allow dumping, burying, depositing, storing, incin- erating, treating or disposition of solid waste other than municipal wastes as defined in the Solid Waste Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. 6018.101 et seq. ) enacted by the Commonwealth of Pennsylvania, as amended to the date of this ordinance, and the ash, residue, reject material and other mat- erial generated from such municipal waste. No hazardous wast- es whatsoever shall be processed or deposited at any approved site. A Sanitary Landfill or Solid Waste Management Facility for municipal waste permitted here- under shall not dispose of any ash, residue, reject material and other material generated from such municipal waste at a landfill within Peters Township unless such landfill conforms to the criteria and requirements set forth in this Ordin- ance and accepts such waste from the Sanitary Landfill or Solid Waste Management Facility exclusively and no other waste. Reject material and other materials generated from such municipal waste shall be limited to municipal waste delivered to the Sanitary Landfill or Solid Waste Management Facility which cannot be pro- cessed because of its nature or because of a temporary operational failure at the Sanitary Landfill or Solid Waste Management Facility. In no event shall the ash, residue, reject material and other material generated from such municipal waste disposed in such landfill exceed twenty-five (25%) percent of the material processed at the Sanitary Landfill or Solid Waste Management Facility during any given period of thirty (30) days. Section 8 (a) Any Township road used to provide access to a Sanitary Landfill or Solid Waste Management Facility shall be pave and maintained by applicant in good condition in accordance with the standards of Pennsylvania Department of Transportation relating to the type of heavy truck traffic resulting from such facility. (b) The Board of Supervisors may designate access roads and prohibit the use of other roads, except for local trash collection purposes. (c) Applicant at its expense may be required to upgrade access roads to the facility in accordance with a plan approved by the Board of Supervisors. (d) The costs of upgrading and maintaining access roads to the Sanit- ary Landfill or Solid Waste Management Facility shall be paid or guaranteed by the applicant/operator in a manner suitable to the Supervisors. Section 9 The site shall be fenced and secured by gates which can be locked. In addition, precautions shall be taken to prevent waste from escaping the site because of wind or otherwise. Fencing, walls and other enclosures may be re- quired for this purpose. Any such escaping waste shall be collected daily and properly disposed. Section 10 The Sanitary Landfill or Solid Waste Management Facility site shall be graded and provided with appropriate drainage facilities to minimize run-off, erosion and to prevent collection of stagnant water. 242 Section 11 There shall be no dumping, depositing, storage, incineration, treatment or disposition of waste within eight hundred (800) feet of any public road, — watercourse, stream, quarry or any property line of the approved site and vis- ual screening composed of trees and other vegetation shall be provided. Such visual screening shall include evergreen trees in a solid double row with a minimum height of nine (9) feet and, in addition, shade trees with a two inch caliper and a minimum height of nine (9) feet in a number equivalent to one tree for every fifty (50) linear feet of screening. Section 12 The highest elevation of a landfill shall not exceed thirty-five (35) feet above the highest point of natural elevation within the landfill area of the site before the disposal operation began. Final grading of the landfill area shall be done in a manner which leaves the site suitable for agriculture uses. New landscaping shall be planted to protect against erosion and impro- ve the appearance of the land after final grading. Section 13 Buildings shall be constructed on the site to house equipment other than major vechicles when not in use. Section 14 All buildings shall be equipped with fire and smoke detection and extin- guishing facilities in accordance with regulations of the Pennsylvania Depart- ___., ment of Labor and Industry, the National Fire Protection Association, and/or other more stringent requirements, if determined appropriate by the Board of Supervisors. Section 15 An on-site scale shall be used to weigh all solid waste delivered to the site and complete records shall be maintained by the operator, which records shall be available for inspection by the Board of Supervisors upon request. Section 16 A certified copy of all reports, data, plans and other material or infor- mation required to be submitted to the Pennsylvania Department of Environmental Resources also shall be submitted to the Board of Supervisors. Section 17 A tire cleaning area shall be provided on the access road within the San- itary Landfill or Solid Waste Management Facility site. All tires on all trucks leaving the Sanitary Landfill or Solid Waste Management Facility site shall be cleaned. Section 18 An environmental assessment statemetrt shall be submitted to the Board of Supervisors and shall include the following: (a) A description of all proposed facilities; 241 (b) A physical description of the environment affected including summary technical data and maps and diagrams adequate to permit an assess- -- ment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analysis and data should be attached as app- endices or footnoted with adequate bibliographic references: (c) The interrelationship and cumulative environmental and economic impacts of the proposed Sanitary Landfill or Solid Waste Management Facility when coupled with other solid waste processing or disposal facilities shall be stated wnad supported by adequate technical analysis; (d) The sources of data used to identify, quantify or evaluate any and all environmental consequences must be expressly noted; (e) The relationship of the proposed solid waste management facility to land use plans, policies and controls for the affected area, including a statement as to how the proposed Sanitary Landfill or Solid Waste Management Facility may conform or conflict with the objectives and specific terms of existing ofr proposed federal, state, county or township land use plans, policies and controls; (f) An analysis of: (1) The primary and secondary effects of the Sanitary Landfill or Solid Waste Management Facility 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 and changes in natural conditions. (3) The effect on natural and cultural features such as steams, mountains, historic sites, landmarks, principal roads, lakes and popula- tion clusters. (g) Specific data relating to the impact of the Sanitary Landfill or Solid Waste Management Facility on local vehicular traffic and designating the routes to be utilized by vehicles seeking access to that proposed facility; (h) Specific data relating to the impact'.of the Sanitary Landfill` or Solid Waste Management Facility on local water supplies, streams and rivers; (i) Specific data relating to the impact of the Sanitary Landfill or solid Waste Management Facility on natural and man-made Township storm drainage facilities and areas; (j) Specific data relating to the impact of the Sanitary Landfill or solid Waste Management Facility on the existing flood hazard areas of the Township, including details of any measures or precautuions 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 pat- terns, damage to life systems, congestion, threats to health or other conse- quences adverse to the environment). Included for purposes of contrast should be a clear statement of how other avoidable adverse effects will be mitigated; (1) The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section 244 -should contain a brief discussion of the extent to which the proposed Sanitary Landfill or Solid Waste Management Facility 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; (o) An analysis of projected imparts on employment, taxes and property values; (p) A statemetn of any effects on desirable community growth; (q) A statement describing the location and impact of the project on nearby recreation areas. (r) Such other information as reasonably required by the Board of Supervisors. Section 19 An application for a Sanitary Landfill and Solid Waste Management Facility sahll contain the following: (a) A topographical drawing with contour lines showing each ten (10) feet of elevation, prepared by a professional engineer, registered in the State of Pennsylvania, to a horizontal scale no greater than 1" = 100 feet, showing: (1) Location of site relative to public roads; (2) Owners of adjacent properties; (3) Proposed fencing and improvements; (4) Proposed screening and buffering; (5) Cross sections showing the existing grades and the proposed grades of all roads and other structures upon completion and closure; (6) Location and equipment cleaning and tire cleaning areas; (7) Location of weighing scales, fire fighting equipment and all facilities, including buildings; (b) 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 app- lication; (c) 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 (b) above, where such persons possess an ownership int- erest of ten (107) percent of more (ownership shall include constructive owner- ship as defined by the Internal Revenue Code. (d) The names and current addresses of any and all persons having any 945 ownership interest in the operation or proposed operation, maintenance and use of the Sanitary Landfill or Solid Waste Management Facility in question; (e) The names and current addresses of any and all persons having any ownership interest in any corporation or other business entities which may set forth in answer (d) above, where such persons possess an ownership interest of ten (10%) percent of more (ownership shall include constructive ownership as de- fined by Internal Revenue code, Section 318 as now in effect); (f) The identities and qualifications of personnel disignated to manage and operate the proposed facility, together with their intended responsibilities; (g) All requirements of the Pennsylvania Solid Waste Management Act and regulations and standards of the Department of Environmental Resources relating to solid waste processing and landfill disposal systems are 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 of Supervis- ors as is required to be submitted to the Pennsylvania Department of Environmental Resources pursuant to said Act, regulations and standards. All such materials shall be certified by the applicant to be true and correct copies of original materials filed with that department; (h) Statements indicating expected useful life of the Sanitary Landfill or Solid Waste Mangement Facility and the condition and proposed uses of said site upon termination of operation, and any limitations on future uses due to proposed use; (i) An access road survey which shall include the following: (1) Statements as to the estimated number of vehicles which are expected to use the site on a daily basis during the firs two (2) years of operations and as to the estimated weight thereof; (2) A plan indicating all roads anticipated to be used as access roads; (j) Statement of applicant's prior experience and compliance history including violations,orders, permit revocations or suspensions, consent, de- crees, etc. for permits issued by DER or equivalent agencies, if operations are in other states. (k) An environmental assessment statement as required by Section 18, above. Section 20 (a) The application fee heretofore specified in Section 2 shall be in place of a license fee for the first year of operation. Thereafter, the license fee for continuing operation shall be ONE THOUSAND ($1,000.00) DOLLARS and shall be paid on the first business day of each succeeding year to the Township of Peters at its municipal building. (b) The Board of Supervisors and/or its authorized representatives, from time to time, shall be authorized to inspect the Sanitary Landfill or Solid Waste Managemetn Facility and operation to assure continued compliance with this Article. The Sanitary Landfill or Solid Waste Management operator shall make the site available for inspection when requested to do so without prior notice. All inspection expenses shall be borne by the operator. 246 (c) If the Board of Supervisors of the Township of Peters shall determine that a daily inspection by the Township of operations at the Sanitary Landfill or Solid Waste Management Facility is necessary, then the operator shall make the site available for daily inspection and all inspec- tion expenses shall be paid by the operator including the salary of the Township inspector. (d) For the purposes of this Article, the terms "applicant" and "operator" shall be synonymous and shall mean those individuals, authorities private firms or oethers who are responsible for making application(s) to the Board of Supervisors and for operating the Sanitary Landfills and Solid Waste Management Facilities. Section 21 No permit issued hereunder may be transferred or assigned unless and until an application is received from the proposed transferee setting forth the information required by Section 19, above. Section 22 The operator of any Sanitary Landfill or Solid Waste Management Facility shall be required to deny access to the facility for a period of thirty (30) days to any person or business entity whose vehicles used in delivering solid waste thereto: (a) Do not have loads fully enclosed within the truck body or which are not covered by appropriate covering and restraining devices; (b) Are discovered by the Township to be utilizing routes other than those designated in the operating permit. Section 23 The operator of any Sanitary Landfill or Solid Waste Management Facility shall be required to clean litter each day from all feeder roads utilized by trucks depositing solid waste within a distance of one thousand, five hundred (1,500) feet in each direction from the entrance of the facility. Section 24 Vector control procedures shall be carried out a minimum of twice each month, or more often as required, to prevent health hazards or nuisances. The permittee shall submit a control program for the approval of the Board of Sup- ervisors, including evidence of a contractual agreement for services with an exterminator. The permittee is required to submit proof of extermination to the Board of Supervisors. Section 25 There shall be no solid waste remaining in a transfer station at the end of a working day unless it is stored in containers constructed to be water- tight, leak-proof, weatherproof and rodent-proof. Special provisions shall be made for the transfer of bulky waste (e.g. tree branches and stumps, appliances, — junk automobiles, machinery) at the transfer station, otherwise such waste shall be excluded from the provisions stated in Section 7, above. Section 26 All Sanitary Landfills and Solid Waste Management Facilities shall have a 247 written emergency operational plan to provide for an alternative waste handling system during periods when the facility is inoperative. These plans shall delin- eate the procedures to be followed in case of equipment breakdown which will re- quire stand-by equipment, extension of operating hours or diversion of solid waste to other facilities. Solid waste materials shall not be stored at a permitted facility for more than twenty-four (24) hours before ultimate disposition by trans fer, disposal in a landfill or incineration, except for material to be recycled such as glass, metal, paper, rags and so forth, and material to be processed at a incinerator ro resource recovery facility which is stored within the confines of a building in a holding pit or bunker. Under no circumstances shall such pit or bunker be built with a capacity larger than will accommodate or hold a six-day supply of material for the incinerator or resource recovery facility. Section 27 Twenty-five (25%) percent of all vehicles delivering solid waste generated outside of Peters Township to an incinerator or resource recovery facility with- in Peters Townshp shall originate from a transfer-transport facility permitted by the Pennsylvania Department of Environmental Resources and shall have a load cap- acitiy of not less than forty (40) cubic yards. Section 28 Not more than one (1) incinerator and one (1) resource recovery facility and one (1) landfill and one (1) trash transfer station utilizing a total of not more tahn three (3) compactors shall be permitted to be in existence and to operate within this Township at any time. Section 29 No incinerator or resource recovery facility shall have a design capacity of greater than seven hundred fifty (750) tons in a twenty-four (24) hour period. Section 30 The owner and/or operator of a Sanitary Landfill or Solid Waste Management Facility shall agree to indemnify and hold the Township harmless from any liab- ility in connection with permitting, construction and/or operation of the Solid Waste Management Facility and/or any Sanitary Landfill within Peters Township. Section 31 The Board of Supervisors for good cause may, in its discretion, waive any of the requirements set forth in this Ordinance. Section 32 Any person, partnership or corporation who or which is the owner or agent of the owner of any Sanitary Landfill ro Solid Waste Management Facility who or which shall violate any of the provf—sions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof such person or the members of such partnership or such corporation or the agent of any of them responsible for such violation shall pay a fine of ONE HUNDRED ($100.00) DOLLARS for the fir t day on which the violation occurred, and an additional penalty of ONE HUNDRED ($100.00) DOLLARS per day for so long as the violation continues or exists. All fines collected for such violations shall be paid over to the Township. Section 33 In the event that any section or part of a section of this Ordinance shall AI 48 be declared void or inoperable the remaining sections and parts of this Ordinance shall reamin in full force and effect. ENACTED AND ORDAINED this 24th day of April, 1987. BOARD OF SUPERVISORS OF PETERS TOWNSHIP By John C. Brake, Chairman Joseph S. Rotz, Vice-Chairman ATTEST: Galen K. Heckman, Secretary l // J HOUtING pISPLACEMFNT POLICY �� ttiRESOLUTI N In/order to mi 'mize he tisplacement of persons - a result of CDBG activities ant1 plans to as ist person actually displaced the Peters Township Board of Supervisors, asia general pc cy, will-.not u. •ertake activities whit will in- volve the involuntary permane \displacemer of residents unless suc activities are considered to be in the best nteres of the Peters Township Boa d of Super- visors. In such cases where di'spl: em- t becomes nece sary, the Pet s Township Board of Supervisdts will follow th- equirements of th Uniform Relo ation Assis- tance and Real Property Acquisition k icies Act of 197 (Uniform Act . 1 Irk those cases where involuntary perma\en displacement c.uld occur b accquisi- ti'on or substantial\ rehabilita . on acti ity • ainon-Stat- (including private de elopers. and non rofit ent' ies) A_- 'cy's . of CDBG 0, the P tens Town- sh Boa d of Super isors w provide to hnica :nd advis. ry assistan a to cyis ac of residen al a • non-residenti- 1 pr.per,ies. 1 In ad ition, the Pet r ' ownship Board/ of Supervisors wi , as a conditr/4n for parti ipating in th CDBG program, rewire non-State Ag- cis considers g the undertaking of such acquisition and/qr substanital rehabilitation activity which may involve it oluntary permanent displacement yo agree in writing to provide financial a'sistance to displaces for reasonable moving costs and in the case of residential displaces with relocation benefits comparable to benefits required under: the Uniform Act. EFFECTIVE DATE: October 9, 1987 John C. Brake Joseph S. Rotz — Galen K. Heckman Supervisors of Peters Township Franklin County