[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 12-13-1976 by Ord. No. 249. Amendments
noted where applicable.]
The short title of this chapter shall be "Air
Pollution Ordinance of 1976."
By this chapter, as of the date of its enactment,
the Township of South Whitehall adopts as this chapter of the Township
all legislation, regulations and directives presently in force in
the Commonwealth of Pennsylvania as 1960, January 8, P.L. (1959) 2119,
35 P.S. § 4001 et seq., 25 Pa. Code § 121.1 et
seq., and any additions, deletions and amendments thereto.
To facilitate the efficient and accurate passage
of information from the Township to Department of Environmental Protection
of the Commonwealth regarding complaints, the following complaint
procedure shall be instituted by the Township:
A.
All complaints shall be reduced to writing and filed
with the Township of South Whitehall Manager who shall refer said
complaint to the Environmental and Pollutions Advisory Board, which
board in its sole discretion, may prepare complaint forms to be distributed
to each complaint, to simplify and unify the complaint procedure.
B.
With five days after receipt of the complaint, the
Township, the Township of South Whitehall Environmental and Pollutions
Advisory Board or its designee shall investigate the complaint by
inspecting the site of the alleged air pollution.
C.
If the pollution recurs or persists, within five days
after the general inspection, a copy of the complaint, along with
a report on the results of the inspections, shall be sent to the Department
of Environmental Protection.
D.
A second inspection should be made by the Environmental
and Pollutions Advisory Board or its designee within 10 days after
the first, to check the persistence or recurrence of the pollution.
E.
Upon verification of the complaint, the Township shall
notify the offending party that a complaint has been lodged with and
verified by the Township of South Whitehall Environmental and Pollutions
Advisory Board, that the Department of Environmental Protection has
been informed, and that the Department of Environmental Protection
as the authority to enforce both state and local laws and impose penalties
thereunder.
F.
If the pollution persists, the Board shall continue
to notify the Department of Environmental Protection and request enforcement
of the part.
A.
There is hereby established the Environmental and
Pollutions Advisory Board consisting of five members who shall be
appointed by the Board of Commissioners.
B.
The term of the appointed members shall be for a period
of three years. The Board shall elect a Chairman annually. A majority
of all members shall constitute a quorum for the transaction of business.
It shall be the function of the Environmental and Pollutions Advisory Board to implement the complaint procedure, as set forth in § 85-3, above, in whatever manner it shall deem advisable.
[Amended 2-7-1989 by Ord. No. 449[1]]
Any person who shall violate any of the provisions
of this chapter or of state law incorporated by reference herein,
or any of the rules or regulations adopted thereunder shall, upon
conviction thereof, be sentenced to pay a fine of not less than $100
for a first violation and not less than $200 nor more than $1,000
for a second and subsequent violation, plus costs and, in default
of payment of said fine and costs, to imprisonment for a term not
to exceed 30 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
