[Adopted 9-28-1983 by Ord. No. 83-002]
This article shall be known and may be referred to and cited
as the "North East Township Landfill Ordinance."
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
The Board of Supervisors of North East Township, Erie County,
Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania and its authorized representatives.
An area of property upon which residual waste is disposed,
placed, processed, stored or located.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provision
of this article prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from a residential, industrial, mining and/or agricultural
operation, and any sludge from an industrial, mining or agricultural
water supply treatment facility, water waste treatment facility or
air pollution control facility, provided that it is not hazardous.
North East Township, Erie County, Pennsylvania.
The person or persons appointed by the North East Township
Supervisors as the North East Township Zoning Officer.
No person shall establish, own, operate or maintain a landfill within the Township of North East, except in conformance with the provisions of this article, Chapter 350, Zoning, and rules and regulations of the Department.
No person shall establish, own, operate or maintain a landfill
without having been issued a permit by the Township as required by
this article for such purpose.
No landfill shall be established, owned, operated or maintained, except in a district zoned for said use, pursuant to Chapter 350, Zoning.
Plans for all landfills shall be approved and controlled by
the Department and be in conformance with all federal regulations
and the Pennsylvania Solid Waste Management Act (35 P.S. §
6018.101 et seq.), as amended.
A.
All applicants for the operation of landfills shall file with the
Zoning Officer written proof that all permitting requirements of the
Department had been met.
Local requirements which must be met prior to permit approval
by the Board:
A.
After filing proof with the Zoning Officer that the requirements
of the Department have been met, the applicant or operator shall file
application for a permit with the Zoning Officer in the form prescribed
by the Board, and pay an annual permit fee as promulgated by the Board.
B.
All permits issued pursuant to this article shall be renewed annually
by the operator.
C.
A buffer zone of 200 feet shall be required from all public rights-of-way,
and a buffer zone of 400 feet shall be required from all dwellings,
schools, churches and hospitals and similar residential uses, and
where landfill operations border districts which prohibit their use.
D.
A barrier, either of natural forestry at a width of 100 feet or an
eight-foot-high Cyclone-type fence with panel weaving or similar solid
fencing, shall parallel all public rights-of-way and adjacent properties
for purposes of preventing the passing of wind-blown litter and preventing
direct visibility of the working area from public rights-of-way and
adjoining properties.
E.
The barrier shall be at a minimum distance of 75 feet from all operations,
and the area between the work area and barrier shall consist of a
natural cover of vegetation or forestry. This strip shall not be of
barren soil. The barrier shall also be at a minimum of 200 feet from
any adjacent properties or public rights-of-way.
F.
There shall be no more than two access routes to the landfill property,
unless the landfill property borders three or more public rights-of-way.
In such an event, approval by the Board will be necessary to secure
an additional access route to the landfill.
G.
A bond will be filed with the Board, in an amount deemed necessary
by the Board, to provide for final covering and reclamation as specified
under the provisions set forth in accordance with the approval of
the Department to assure compliance with all requirements of this
article and permits issued pursuant to this article, and to provide
for the repair of any Township roads damaged by vehicles transporting
residual waste to the landfill.
H.
The operator shall submit to the Board for approval a plan for the
restoration of the landfill area, which shall include anticipated
future use or uses of the restored land; the proposed final topography
indicated by contour lines of no greater interval than five feet,
steps which will be taken to conserve the topsoil, and the location
of future roads, draining courses and other improvements contemplated.
When the operator has performed all requirements contained in the
restoration plan, he will be issued a written certificate by the Zoning
Officer that the restoration is complete and is in compliance with
the plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall establish, own, operate or maintain a landfill
or who shall permit the establishment, ownership, operation or maintenance
of a landfill on his premises without first obtaining a permit therefor
or who shall violate or permit the violation of any permit issued
or who shall violate or permit the violation of any other section
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $100 nor more than $1,000, plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.
The Board may authorize the North East Township Zoning Officer
to enforce and secure compliance with the provisions of this article.
