[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:
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.
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:
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
The standards for the issuance of such a temporary exception shall
be the following:
A.Â
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.
B.Â
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.
C.Â
The demonstration by the applicant that the need for the special
exception is for a specifically confined time period or project duration.
D.Â
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.
E.Â
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.
