[HISTORY: Adopted by the Township Council of the Township of Washington
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 58.
[Adopted 9-4-1990 by Ord.
No. 3-90]
This article shall be known and may be cited as the "Radioactive Waste
Ordinance of Washington Township."
A.
The purposes of this article are:
(1)
To protect the health, safety and general welfare of
all township citizens and other persons by preventing exposure to airborne
radioactive substances;
(2)
To preserve the natural environmental qualities of all
land and its flora and fauna within the township;
(3)
To preserve and protect agriculture and agricultural
related activities and to preserve a productive base and climate for future
generations;
(4)
To promote the sustainable economic well-being of the
township by preservation of camping, hunting, fishing and other recreational
opportunities for tourists;
(5)
To protect against the infliction of psychological or
emotional stress on township citizens from the reasonable fear of exposure
to radiation; and
(6)
To preserve the values of a healthy environment for future
generations.
B.
Any interpretation of this article shall give priority
to the purposes 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 article:
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 local officials with the assistance and recommendation
of the local Environmental Protection Committee. Said teams may be deemed
a part of said local Environmental Protection Committee, 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
radioactive waste, and which may include a means for controlled bleeding of
gaseous decay products into another container.
The isolation of radioactive 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 the highest appropriate formal training and experience available.
This individual will be required to remain current and abreast of issues and
information affecting the disposal of nuclear waste.
All information regarding origin, contents, transport and other relevant
data for all low-level radioactive waste.
Fill, grout or other material which is placed in void spaces between
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 low-level radioactive waste
(LLRW) to decay to levels so that unrestricted use of the site could not result
in exposure to total radioactive levels higher than the radioactive levels
measured at the site prior to the site being used for storage.
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 value.
Radioactive waste 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] whichever is more exclusive.
Low-level radioactive waste that either contains hazardous waste
listed in the Code of Federal Regulations, 40 CFR Part 261, Subpart D; or
exhibits any of the hazardous characteristics identified in 40 CFR Part 261,
Subpart C.
A ten-mile radius from the center of the waste site.
Any person or entity that stores radioactive waste or maintains a
radioactive waste facility or any part thereof in Washington Township.
The Radioactive Waste Ordinance of Washington Township and any subsequent
amendments thereto.
A public library which is stocked with historical and current information
related to low-level nuclear 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 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.
Independent daily water well, surface water, soil, gas and oil well,
plant and continuous air sampling, as well as human and animal health surveys
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 or latent hazard
to human health by exposure to substances that cause human life-shortening
injuries, e.g., a long-latency cancer, or disabilities, or that cause kills
of fish or wildlife; threatening the viability of an endangered species or
any species placed on a "threatened" or "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.
Any additional amount per unit of waste (cubic foot, curie content
or a combination of the two) paid by the operator directly to the host municipality.
Washington Township, Erie County, Pennsylvania.
The three leakproof structures, referred to in this article as a
"container," "waste module" and "waste unit," each of which independently
ensures the containment of 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 radioactive
waste is stored, including all improvements thereon.
A second leakproof engineered structure harboring the containers
within a waste unit.
The land on which the waste facility is located, including the buffer
zone.
A third leakproof engineered structure which contains 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 article 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:
B.
The provisions of the Second Class Township Code, Article
VII, as codified in 53 P.S. § 65701 et seq.,[1] 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.
[1]
Editor's Note: See now 53 P.S. § 66501 et seq.
C.
Pennsylvania Air Pollution Control Act, 35 P.S. § 4001
et seq.
D.
Pennsylvania Local Tax Enabling Act, 53 P.S. § 6901
et seq.
E.
Appalachian States Low-Level Radioactive Waste Compact
Act of 1985, 35 P.S. § 7125.1 et seq.
G.
Clean Air Amendments of 1977, 42 U.S.C. §§ 7416
and 7422.
A.
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 § 73-7B of this article.
B.
There shall be no active or inactive water wells, gas
or oil wells, brine wells or other underground storage areas on the waste
site.
C.
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 an aquifer. Water shall be collected into
an appropriate holding facility until tested safe for drinking purposes.
D.
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.
A.
No radioactive emissions into the outdoors atmosphere
from a waste site within Washington Township shall exceed, or cause exposures
which exceed, applicable federal law, the standards adopted pursuant to this
article or any other law adopted under the authority of the Commonwealth of
Pennsylvania.
B.
The operator of a waste facility shall perform active
and passive monitoring which shall detect any releases of radioactive substances
into the buffer 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.
C.
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 modeled and analyzed to demonstrate that its
performance and its interactions with the environment at the waste site are
consistent with this article. The facility design shall demonstrate that radioactive
waste containment can be maintained for any maximum disruptive external event,
including a worst-case accident scenario.
D.
The waste facility design and operation must be upgraded
as safer technologies are devised and satisfactorily demonstrated.
E.
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 local officials at the sole expense
of the operator.
A.
A waste facility shall be designed for zero release of
radioactive waste into effluents, and shall not permit liquid or gaseous infiltration
through any engineered cover, bottom, side or entrance.
B.
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.
C.
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.
A.
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
and other required 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.
B.
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.
C.
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 Washington Township, except as provided by LLRWDA Section
309.[1] No waste generated outside the United States shall be disposed
of or stored in Washington 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.
[1]
Editor's Note: See 35 P.S. § 7130.309.
D.
In the event that 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.
E.
The LLRW facility shall accept waste for no more than
30 years. No additional radioactive waste shall be stored, disposed of or
treated anywhere in township after that thirty-year period.
F.
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 article
shall result in immediate cessation of operations.
No person shall own, operate or modify any radioactive waste facility so as to allow the direct or indirect release of 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 §§ 73-28 through 73-31 of this article.
Any person seeking to obtain a permit pursuant to § 73-9 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 radioactive air emissions, along with the appropriate formulas for calculating the weight equivalent to one curie, and the number of millirems associated with potential exposures to one curie for each such substance.
The Clean Air Committee established under § 73-26 of this article shall determine, after notice and hearing, whether the expected 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 radioactive air pollution control standards necessary to avoid a significant threat, which standards shall be included in the permit.
The Controlling Officer shall enforce such air pollution control standards
as the Committee may establish, and may approve a permit application when
satisfied that all requirements of this article are fulfilled.
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.
Transporters of radioactive substances to a waste site or waste facility
in Washington 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
radioactive substances into Washington 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
article.
An application for a certificate for hazardous transport must include
the following documentation:
A.
Characterization and percentage content of the radioactive
substances by name, curie content, toxic nature and potential.
B.
Names of all sources and brokers of the radioactive substances,
under all corporate names (showing corporate relationships), addresses and
telephone numbers.
C.
An emergency and evacuation plan in the event of a road
accident within the township, including a twenty-four-hour emergency telephone
number.
Upon receipt of a certificate for hazardous transport, the transporter
shall pay a fee to the township, to be determined by Council on recommendation
of the Controlling Officer. The fee shall reflect the administrative costs
of granting the certificate, the relative hazard and potential risk to 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 radioactive substances.
The Controlling Officer or other authorized official may stop and inspect
any vehicle transporting radioactive substances into the township to determine
compliance with this article and may turn back any such vehicle that presents
or is suspected of presenting a significant threat.
All highway vehicles including but not limited to trucks, tractors and
trailers hauling radioactive substances to a waste site must display a current
Pennsylvania state inspection sticker.
Rail transport must observe and obey all applicable federal and state
laws; and off the main line must utilize automatic gates at all grade crossings;
observe a ten-mile speed limit; and shall not be off-loaded within the township
except at the waste site. No rail car may be handled on any spur without a
charged train line. All railroad cars must be equipped with an operating hand
brake and the hand brake must be applied when spotted. There must be a derail
at the point of origin to the waste site and shall be on at all times.
Transporters must travel approved, predesignated routes within the township,
to be established by local officials. Routes must be planned, established,
constructed, upgraded and maintained at the sole expense of the operator.
All transporters must be individually escorted by personnel designated by
local officials. Transporters must observe and obey all highway, road and
bridge weight limits and other applicable laws, and all applicable federal,
state and local laws. Transporting shall cease during times school buses are
in operation; during any inclement weather conditions, including but not limited
to rain, sleet, ice, snow or blizzard conditions; during any weather advisory
period and during any fog or low-visibility conditions; and during any severe
weather watches or warnings. Hours, to be established, shall be limited to
daylight only.
The Washington Township Council appointed administrative officials and
the Controlling Officer shall perform all administrative duties and exercise
all administrative powers of the township conferred by this article or by
LLRWDA Section 502.[1]
[1]
Editor's Note: See 35 P.S. § 7130.502.
The Controlling Officer's duties are as follows:
A.
The Controlling Officer may appoint, upon consent of
the Council, one or more Local Inspectors, and delegate to them all or any
powers conferred to said Controlling Officer by this article or by LLRWDA
Section 502.
B.
The Controlling Officer may assist and advise the two
Host Municipality Benefits and Guarantees Teams, with the approval of the
Council. 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.
C.
The Controlling Officer and one designated official shall
be notified one month in advance of any meetings being held that address issues
pertaining to the storage, disposal or treatment of LLRW in Washington Township.
Those 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.
The initial salaries of township administrative officials allocable
to duties involving the evaluation of an application to operate a radioactive
waste facility shall be paid from a fund established pursuant to LLRWDA Section
318.[1]
[1]
Editor's Note: See 35 P.S. § 7130.318.
All information concerning the waste facility and/or waste 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 by the public access to information, as defined.
The Controlling Officer and/or Qualified Inspector shall exercise all
powers under LLRWDA Section 502.[1] These individuals shall be empowered to enforce the provisions
of this article by appropriate remedy, including injunctions for the abatement
of a nuisance.
[1]
Editor's Note: See 35 P.S. § 7130.502.
The Township Council shall appoint a Local Clean Air Committee ("Local
Committee"), which shall, in accordance with this article and upon notice
and hearing, establish standards for radioactive air emissions, whether in
gaseous, particulate, mist, vapor or other form, 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 health effects of radiation, and the cost of conducting hearings,
collecting information and preparing a final report by the Local Committee.
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 ensure effective operational compliance and strict adherence
to this article 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.
No radioactive substance or waste generated by a governmental 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"),[1] 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 LLRW as
specified above shall be deposited at a LLRW facility holding a clean air
permit under this article.
[1]
Editor's Note: See 35 P.S. § 7130.101 et seq.
Applications for a clean air permit under this article shall be filed
with the Township Secretary, who shall issue a permit upon approval of the
application by the Controlling Officer, Local Committee and Qualified Inspector.
In addition to the information required by § 73-10 hereof, an application for a clean air permit must be accompanied by the following documentation:
A.
A site plan identifying the location and function of
all structures on the waste site.
B.
Proof of ownership of the site, or a contract conveying
rights to the site by the owner.
C.
A property survey of the site by a registered licensed
surveyor showing contours of five-foot intervals, description of perimeter
land use within a two-mile radius of the site and proximity to any structure
or other feature, such as a stream or well, within 1,000 feet of the waste
site.
D.
All necessary licenses and permits from state and federal
agencies, along with the associated application materials submitted to those
agencies.
E.
Approval of an emergency control and evacuation procedure
plan by the Township Council after public hearing.
F.
An environmental impact study as defined in N.E.P.A.
§ 102(2)(c), 42 U.S.C. § 4332, which shall also include
but not be limited to consideration of the following: site specific soil analysis
on 50 feet 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; an assessment
of risk of experiencing one fatality per one million population, which must
include calculations of maximum concentrations of contamination under emergency
conditions, such as a worst-case accident scenario or the failure of an air
pollution control unit.
G.
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, free of charge, to township officials and any resident
of the public upon request.
H.
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.
At the time the application for a clean air permit is submitted by the operator pursuant to §§ 73-10, 73-11, 73-26, 73-29 and 73-30, the operator shall pay a fee of $100,000 or such other amount as shall be determined by the Township Council 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 § 73-26 of this article, and the acquisition by the township of supplemental monitoring capacity.
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 $100,000 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 article and other purposes stated in LLRWDA Section
318(f).[1]
[1]
Editor's Note: See 35 P.S. § 7130.318(f).
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 Council 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.
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.
The operator shall pay for any legal and accounting costs which result
from the challenge of any action taken pursuant to this article by the township,
by any of its officials, or citizens of the host or affected municipalities.
The municipality 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 are to be borne by the operator.
Any fees, surcharges, costs and expenses provided for herein shall be
paid biweekly by the operator to the municipality. Those moneys due that are
based on gross annual receipts shall be estimated and such estimates shall
not be less than 90% of actual gross income from January through November.
All moneys 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 moneys 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.
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 safest, highest interest-bearing account or Treasury Bills
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 low-level nuclear waste facility in the area.
The operator shall be responsible for payment of school district and
property taxes for all individuals whose primary residence is within the host
or affected municipality for the operational life of the facility. In addition,
any landowner in the host or affected municipalities will be guaranteed the
sale of property or purchase 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 low-level nuclear waste facility in the area.
[Amended 12-3-1996 by Ord.
No. 7-96; 7-1-1997 by Ord.
No. 3-97]
B.
Each person who knowingly commits any violation of the
provisions of this article, or who owns or operates a waste facility in which
any violation of this article is committed, shall be required, on conviction
thereof, to pay a criminal fine in the amount of $1,000 per violation and
shall be imprisoned to the extent allowed by law for the punishment of summary
offenses.[1]
C.
Each day that a violation which involves a significant
threat of harm to human life continues shall constitute a separate offense.
In the event that a violation of this article 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.
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 article in an amount to be
determined by the Controlling Officer and other designated officials after
notice and hearing.
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 radioactive
waste shall be strictly liable for all such damages, and shall also be liable
for any negligence and gross negligence, without limitation. Liability insurance
satisfactory to the Controlling Officer and other designated officials shall
be provided by the operator and shall apply to sudden and nonsudden 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.
In the event that Washington Township is not the host municipality,
but becomes an affected municipality as defined in LLRWDA Sections 103 and
318,[1] and in the absence of an equally stringent ordinance for protection
in said host municipality, this article 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 Washington Township and their environs.
[1]
Editor's Note: See 35 P.S. §§ 7130.103 and 7130.318.
