[HISTORY: Adopted by the Council of Latrobe as indicated in article histories. Amendments noted where applicable.]
Article I Loyalhanna Creek
[Adopted 5-8-2000 by Ord. No. 2000-12]
It shall be unlawful for anyone to deposit, place or dump any substance or material of any type or nature, whether manmade or non-manmade, and whether liquid or solid, whatsoever in the Loyalhanna Creek or along the banks of the Loyalhanna Creek and/or its tributaries, including any portion of the creek bank under the jurisdiction and control of the Army Corp of Engineers, from the creek bed to the top of the creek bank, within the City of Latrobe.
To the extent that any federal or state law, rule or regulation also governs the deposit, placing or dumping of any type of substance or material in the creek bed or along the creek bank said law, rule or regulation prohibiting the same is incorporated herein by reference as though fully set forth at length to the extent that they may exceed the prohibition set forth in § 119-1 of this article.
The City of Latrobe further ordains that it shall have the right to elect, to the extent permitted or authorized by any federal or state law, rule or regulation, to enforce any federal or state law, rule or regulation regarding prohibition on depositing, placing or dumping any material or substance in the bed of or along the banks of the Loyalhanna Creek. By this provision, the city hereby declares that it shall be discretionary, but not mandatory upon the city, to proceed to enforce a federal or state law, rule or regulation to the extent that the city deems it both appropriate and feasible to do so.
Any individual, firm, corporation or entity who seeks to deposit, place or dump any material or substance along the banks of the Loyalhanna Creek must file with the City an application for a variance from the provisions of this article. The application shall be in such form as prescribed by the City, setting forth at a minimum the material to be dumped, deposited or placed in or upon the banks of the Loyalhanna Creek and the reasons therefor. Further, the application shall be reviewed and investigated by a designee of the City of Latrobe, which investigation shall include a review of the request by any appropriate federal or state agency. The designee of the City of Latrobe shall thereafter make a recommendation to approve or disapprove the application to City Council. The Council of the City of Latrobe shall have final authority, by action duly taken, to approve or disapprove the variance request. The form of request, and related supporting documents to be submitted by the applicant, shall be determined by the designee of the City of Latrobe.
Any individual, firm, corporation or entity who shall violate the provisions of the within article shall, upon citation and conviction thereof, be sentenced to pay a fine of not to exceed $600 per violation, with each separate day of violation constituting a separate violation, together with costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for a period not to exceed 30 days.
In addition to the criminal penalties set forth in Subsection A above, any individual, firm, corporation or entity who shall violate the provisions of the within article shall be notified in writing to remove or clean-up any substance or material deposited, placed or dumped in the creek bed or upon the creek banks. Upon failure to complete the removal or clean-up within the time period set forth in the written notice, the City of Latrobe may elect to effectuate said removal or cleanup of the deposited material or substance. The individual, firm, corporation or entity who shall have committed the violation shall be responsible for all costs of clean-up incurred by the City of Latrobe, together with all reasonable legal fees and costs of enforcement thereof, either prior to or from and including the institution of legal proceedings. Upon failure to pay any invoice for removal or clean-up tendered by the city upon the due date, the city may invoke any and all legal remedies available to it, including the filing of a municipal claim against the responsible individual, firm, corporation or entity. The remedies shall be cumulative and not elective.