[Adopted 4-10-2006 by Ord. No. 2-2006]
The purpose of this article is to control and make unlawful
any person, agent, establishment, business, organization, and/or other
entity whatsoever, whether situate in Robinson Township or outside
of the limits of the Township, from bringing, placing, depositing
or removing any man-made, processed or reprocessed materials, or residual
waste, from or on the public and private lands and properties within
the Township.
A.
It shall be unlawful for any person, business, and organization to
haul or dispose of any man-made, processed or reprocessed material
or residual waste on any lands within the Township.
B.
It shall be unlawful for any person, business, and organization to
use any man-made, processed or reprocessed materials or residual waste
for the purpose of filling or as a depository of materials on or within
the lands of the Township.
C.
It shall be unlawful for any person, business, organization to salvage,
reclaim, remove or transport existing man-made, processed or reprocessed
materials or residual waste from any private and public lands within
the Township, including engaging in the operation of a residual waste
landfill.
E.
Any unlawful act where the Township's authority is found to be superseded
by state or federal law will still require a permit from the Township
to be granted prior to performance of that activity. The requirements
for obtaining the permit from the Township are as follows:
(1)
Submission of the description of the activity to the Township Board
of Supervisors.
(2)
Submission of proof that all county, state and federal permits have
been obtained.
(3)
Proof that the health and safety issues of the Township and its residents
have been addressed including assurances that procedures will be followed
to protect Township residents from exposure to toxic or noxious substances
by all practical means.
(4)
Proof that all other/required municipal permitting requirements,
i.e., grading, stormwater, bonding, demolition, transportation and
fees, have been obtained and paid.
Any permit issued by the Township pursuant to § 358-31E of this article for the activities set forth in § 358-31A through D shall be subject to a tax for general revenue purposes at the rate of $1.50 per ton, for man-made, processed or reprocessed materials or residual waste on their property from the effective date of this article and every year thereafter on a year-to-year basis. No person shall engage in the business of operating a residual waste landfill or shall cause or allow the disposal of residual waste on their property without complying with all of the provisions of this article and paying the tax hereby levied.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation 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 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.
