[Ord. 505, 8/3/1981; as amended by Ord. 506, 10/5/1981, § 1]
The regulations for the operation and maintenance of a sanitary landfill in the Township of Elizabeth as hereinafter set forth are hereby adopted for the Township of Elizabeth.
[Ord. 505, 8/3/1981; as amended by Ord. 506, 10/5/1981, § 2]
As used in this Part, unless the context clearly indicates a different meaning, the following words shall have the meanings ascribed to them in this section:
- DISPOSABLE MATERIAL
- Garbage, rubbish, waste material, ashes, refuse or any other material the disposal of which is subject to the Pennsylvania Solid Waste Management Act of 1980, (Act 97 of 1980).
- Any person operating a sanitary landfill.
- Any natural person, partnership, unincorporated association, or corporation.
- SANITARY LANDFILL
- Any place where disposable material is dumped, stored, treated, buried or otherwise disposed of.
- The Township of Elizabeth.
[Ord. 505, 8/3/1981; as amended by Ord. 506, 10/5/1981, § 3]
Sanitary landfills in the Township of Elizabeth shall be operated according to the following standards, regulations, and requirements:
Activities in connection with the receipt of disposable material, the dumping thereof, the burying thereof, or any other activities with regard thereto conducted out-of-doors shall be conducted only between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday and between 7:00 a.m. and 12:00 noon on Saturdays. No such activities shall take place on Sundays.
The operation of the sanitary landfill shall be conducted so as to not produce noxious odors, noise, offensive lighting, or toxic gas or gases which are not confined to the sanitary landfill or within the boundaries of the real estate on which the same is operated and which is controlled by the person operating said sanitary landfill.
A special exception temporary permit may be issued by the Board of Commissioners upon good cause shown and the demonstration of the existence of a bona fide hardship, in conformity with the standards hereinafter set forth, so as to permit the dumping of disposal materials within the Township at times other than those designated in § 203(1) of this Part.
The standards for the issuance of such a temporary exception shall be the following:
Demonstration that the dumping sought outside the times established in this Part can only be reasonably accomplished outside such times and that matters of scheduling, availability, and costs impose a genuine hardship if the exception is not granted.
The providing for a public hearing with a minimum of seven days notice thereof on the request for a special exception at which time affected persons, including residents in the immediate vicinity as well as the applicant for the special exception will be heard.
The demonstration by the applicant that the need for the special exception is for a specifically confined time period or project duration.
The existence of facts that show the grant of the special exception will not unduly affect the health, safety and welfare of the citizens residing near the landfill.
Such temporary permit granted hereunder shall have a time limit not to exceed 60 calendar days and may be renewed upon satisfactory showing of the need for the same in accordance with the above recited standards.
[Ord. 505, 8/3/1981; as amended by Ord. 506, 10/5/1981, § 4; by Ord. 561, 6/1/1987; and by Ord. 577, 8/1/1988, § 2V]
Any person, firm or corporation who shall violate any provision of this Part 2 shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000.00; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 2 continues shall constitute a separate offense.