[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 2-27-2017 by Ord. No. 2017-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as Union Township's
"Dust Control Ordinance of 2017."
The Board of Supervisors of Union Township, under, and by virtue
of and pursuant to, the authority granted by the Second Class Township
Code,[1] does hereby enact and ordain this chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
Whereas the Board of Supervisors of Union Township has determined
that fugitive dust emissions may be detrimental to the health, comfort,
living conditions, welfare, and safety of the citizens of Union, it
is hereby declared to be the policy of the Township to safeguard the
citizens of Union from the same.
The following words, terms, and phrases, when used in this chapter,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
Union Township Board of Supervisors.
A substance used to abate the dispersion of particulate matter
into the air. Dust palliatives for use on roads and other surfaces
may be water or other substances approved by PennDOT, the Department
of Environmental Protection ("DEP") and/or the Township Engineer.
An air contaminant of the outdoor atmosphere not emitted
through a flue, including, but not limited to, industrial process
losses, stockpile losses, re-entrained dust, and construction/demolition
activities. Such fugitive dust shall be considered a nuisance as defined
by the Second Class Township Code[1] and the Township's general Nuisance Ordinance.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
This includes public and private roadways, paved and unpaved
parking areas, racetracks of any kind, and land used for recreational
purposes.
Union Township, Washington County, Pennsylvania.
A petroleum-based or synthetic oil which is used in an internal
combustion engine as an engine lubricant, or as a product for lubricating
motor vehicle transmissions, gears, or axles, which, through use,
storage, or handling, has become unsuitable for its original purpose
due to the presence of chemical or physical impurities or loss of
original properties.
Oil refined from crude oil or synthetically produced, used,
and as a result of the use, contaminated by physical or chemical impurities.
The term includes used oil or oil whose original purpose has been
completed and which is directed to a disposal or processing facility
or is otherwise disposed.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
After the effective date of this chapter a person responsible for
any of the following activities or sources of fugitive dust shall
take all reasonable actions to prevent particulate matter from becoming
airborne:
(1)
Construction or demolition of buildings or structures.
(2)
Construction, grading, paving, and maintenance of roads and streets.
(3)
Use of roads and streets, excluding fugitive dust from material in
or on trucks, railroad cars, and other vehicular equipment.
(4)
Site work, including movement of dirt, digging of foundations, trenches,
retaining walls and clearing/burning of brush, trees, shrubs and wood
(and related) materials.
(5)
Stockpiling of materials.
(6)
All other activities as determined by the Township Zoning Officer
and Engineer.
B.
No person shall create, cause or allow an unreasonable amount of
fugitive dust to be generated from property owned, leased, occupied
or controlled by such person. "Unreasonable" shall mean, but not be
limited to, any amount which causes difficulty in breathing or visibility
or, if measured with proper applicable equipment, constitutes a pollutant
or environmental threat.
C.
A person may not permit fugitive dust and other particulate matter
to:
D.
Prohibition.
(1)
It shall be a violation of this chapter to fail to comply with, or
to cause or assist in the violation of, any requirement of this chapter,
or any laws, regulations, orders or permits issued pursuant to authority
granted by a state, federal or local authority. No person shall willfully,
negligently, or through the failure to provide and operate necessary
control equipment or to take necessary precautions, operate any source
of fugitive dust in such manner that the same:
(2)
It shall be a violation of this chapter for any person to hinder,
obstruct, delay, resist, prevent, or in any way interfere or attempt
to interfere with the Township or its personnel in the performance
of any duty hereunder, including the Township's inspection of
any source.
E.
Comply with all state and federal laws and regulations that concern
dust, contaminants and particulates.
A person responsible for any source specified in § 119-5 shall take all reasonable actions to prevent fugitive dust from becoming airborne. These actions include, but are not limited to, the following:
A.
Use, where possible, of water or approved dust palliatives for control
of dust must be approved by the Township Engineer. The dust palliative
used and the method of application must be one which is approved by
the Township and/or its Engineer. The use of waste oil as a dust palliative
is prohibited without specific written approval provided by the Township
Engineer on a case-by-case basis.
B.
Immediate removal of earth or other material from paved streets onto
which earth or other material has been transported by trucking or
earthmoving equipment, erosion by water, or other means and can reasonably
lead to a violation of this chapter.
A.
Active farming operation. The requirements of this chapter do not
apply to fugitive dust arising from the production of agricultural
commodities in their unmanufactured state on the premises of the farm
operation.
B.
Burden of proof. In any proceeding arising out of the provisions
of this chapter, or arising out of an order issued or action taken
pursuant hereto, any person who claims entitlement to any exemption
which may be provided for, or who claims that a provision or interpretation
other than the one resulting in the lowest permissible emission rate
was intended to prevail pursuant to this chapter, shall bear the burden
of proof and the burden of going forward with respect to such claim.
A.
The Township shall receive, record and retain complaints made concerning
fugitive dust. To the extent possible, the record made by the Township
shall include the name and address of the complainant, the nature
of the complaint, the source to which the complainant attributes the
fugitive dust, and the date and time of the complaint.
B.
To the extent possible, the complaint shall provide pictures, a signed
statement and evidence said fugitive dust particles have crossed property
lines. Complaints made without such evidence may be investigated by
the Township at its discretion.
C.
It shall be unlawful for any person to knowingly make a false complaint
to the Township.
A.
The Township Code Enforcement Officer shall have the power and duty
to enforce the provisions of this chapter.
B.
The Township may issue such orders as are necessary to aid in the
enforcement of the provisions of this chapter. These orders shall
include, but shall not be limited to: orders requiring persons to
cease unlawful activities or cease operation of a fugitive dust source
which, in the course of its operation, is in violation of any provision
of this chapter; orders to take corrective action or to abate a public
nuisance; orders requiring the testing, sampling, or monitoring of
any fugitive dust source; or orders requiring production of information.
Such an order may be issued if Union Township finds that any condition
existing in or on the facility or source involved is causing or contributing
to fugitive dust or if Union Township finds that any person is in
violation of any provision of this chapter.
C.
Union Township may, in its order, require compliance with such conditions
as are necessary to prevent or abate fugitive dust or effect the purposes
of this chapter.
D.
The authority of Union Township to issue an order under this section
is in addition to any remedy or penalty which may be imposed pursuant
to this chapter. The failure to comply with any such order is hereby
declared to be a public nuisance.
E.
Any party who is believed to be in violation of the provisions of
this chapter and fails to remedy said violation to the satisfaction
of the Code Enforcement Officer shall be cited and a hearing held
in front of the Magisterial District Judge.
A.
Whenever the Township Code Enforcement Officer finds that fugitive
dust is or may be resulting from a source in Union Township, the Township
Code Enforcement Officer may order the owner or operator to take corrective
action in a manner satisfactory to the municipality, or the Township
Code Enforcement Officer may order the owner or operator to allow
access to the land by the Township Code Enforcement Officer or a third
party to take such action.
B.
For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing, and investigation related to a corrective action, Union Township may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty contained in § 119-12 of this chapter.
A.
Any person who violates any provision of this chapter or any order
of the Township issued pursuant to this chapter commits a summary
offense and shall, upon conviction, be sentenced to pay a fine of
not less than $100 nor more than $1,000 for each separate offense
and, in default of the payment of such fine, may be sentenced to imprisonment
for 90 days for each separate offense. Employees of the municipality
authorized to conduct inspections or investigations are hereby declared
to be law enforcement officers authorized to issue or file citations
for summary violations under this chapter, and the Code Enforcement
Officer is hereby authorized to prosecute these offenses. For purposes
of this section, a summary offense may be prosecuted before any District
Justice in Union Township. There is no accelerated rehabilitative
disposition authorized for a summary offense.
B.
Separate offenses. Violations of any requirement of this chapter
occurring on separate days shall be considered separate offenses.
A.
Penalty. The civil penalty so assessed shall not exceed $600 per
day for each violation.
B.
Determination of penalty. In determining the amount of the penalty,
Union Township shall consider the willfulness of the violation; damage
to air, soil, water, or other natural resources of Union Township
or their uses; financial benefit to the person in consequence of the
violation; deterrence of future violations; cost to the municipality;
the size of the source or facility; the compliance history of the
source; the severity and duration of the violation; degree of cooperation
in resolving the violation; the speed with which compliance is ultimately
achieved; whether the violation was voluntarily reported; other factors
unique to the owners or operators of the source or facility; and other
relevant factors.
C.
Separate offenses. Violations of any requirement of this chapter
occurring on separate days shall be considered separate offenses.
A violation of this chapter or of any order issued by the municipality under this chapter shall constitute a public nuisance. Union Township shall have the authority to order any person causing a public nuisance to abate the public nuisance. In addition, when abating a public nuisance, Union Township may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 119-12. Whenever the nuisance is maintained or continued contrary to this chapter or any order issued pursuant to this chapter, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
