ORDINANCE NO 15

AN ORDINANCE OF THE TOWNSHIP OF PINE, COUNTY OF INDIANA AND COMMONWEALTH OF PENNSYLVANIA PROHIBITING, REGULATING, STORAGE, COLLECTION, TRANSPORTATION, PROCESSING, DISPOSAL, DEPOSITING, SPREADING AND PLACING OF HAZARDOUS WASTE AND MUNICIPAL WASTE WITHIN THE TOWNSHIP OF PINE, COUNTY OF INDIANA AND COMMONWEALTH OF PENNSYLVANIA

BE IT ORDAINED AND ENACTED by the Board of Supervisors of the Township of Pine, County of Indiana and Commonwealth of Pennsylvania as follows:

SECTION ONE:  The following words when used in this Ordi¬nance shall have the meaning described to them in this section:

A. "PERSON” Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this ordinance prescribing a fine, imprisonment or penalty, or any combination of the fore¬going, the term "person" shall include the officers and directors of any corporation or other legal entity having officers or directors.

B. "HAZARDOUS WASTE" Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material

resulting from municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities , or any combination of the above which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)cause or significantly contribute to an increase in mortality or any increase in morbidity in either an individual or the total

population; or

(2)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

C. "MUNICIPAL WASTE" Any garbage, refuse, industrial lunchroom, office waste or other discarded material or other waste including solid liquid, semisolid or containing gaseous material resulting from the operation of residential, municipal, commercial institutional or industrial establishments and from community activities and any sludge from the municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility.

SECTION TWO:  No person shall store, collect, transport process, dispose, deposit, spread and place any hazardous waste on any public or private property within the Township of Pine, County of Indiana and Commonwealth of Pennsylvania.

SECTION THREE:  No person shall store, collect, transport, process, dispose, deposit, spread and place any municipal waste on any public or private property within the Township of Pine, County of Indiana and Commonwealth of Pennsylvania, without a permit to do so.

SECTION FOUR:  Any person desiring a permit to store, collect, transport, process, dispose, deposit, spread and place any municipal waste within the Township of Pine, County of Indiana and Commonwealth of Pennsylvania shall:

A. File an application with the Board of Supervisors of Pine Township together with an application fee in the amount of One Hundred Fifty Dollars ($150.00);

B. Provide all information required by the Department of Environmental Protection for permit and license applications pursuant to the Act known as the Solid Waste Management Act and regulations enacted thereunder.

C. Notify all landowners within one-half mile of any site to be utilized for storing, collecting, transporting, processing, disposing, depositing,

spreading and placing municipal waste by personal service or return receipt mail.

D. File an affidavit giving the names and addresses of all landowners within one-quarter to one-half mile and the manner and date in which each of these individuals were served the notice of the application for a permit.

E. The notice shall include the location where the applicant intends to store, collect, transport, process, dispose, deposit, spread and place municipal waste, the name of the applicant, the type of waste that is to be stored, collected, transported, processed, disposed, deposited, spread and placed, where it has originated from, and the contents thereof.  The notice shall include the date, time and place when the Board of Supervisors are to consider action on the permit.  This notice must be given at least twenty (20) days prior to the meeting at which action on the permit will be taken.

F. The applicant shall advertise this information in one newspaper of general circulation within Indiana County and in the Indiana County Legal Journal at least ten days before the scheduled hearing together with the date, time and place of the scheduled hearing on the permit.

SECTION FIVE:  No hearing before the Board of Supervisors of the Township of Pine, County of Indiana and Commonwealth of Pennsylvania shall be held on a permit to allow any person to store, collect, transport, process, dispose, deposit, spread and place municipal waste within the Township of Pine, County of Indiana and Commonwealth of Pennsylvania until forty-five (45) days after the application is first submitted to the Board of Supervisors of Pine Township.

SECTION SIX:  The Board of Supervisors of Pine Township, County of Indiana and Commonwealth of Pennsylvania shall not issue a permit for the storage, collection, transportation, processing, disposal, depositing, spreading and placing of municipal waste within the Township of Pine, County of Indiana and Commonwealth of Pennsylvania unless they have determined that the issuance of the permit shall not adversely affect the safety, health and welfare of the citizens of Pine Township, Indiana County, Pennsylvania.

SECTION SEVEN:  Any permit issued by the Board of Supervi¬sors of Pine Township, Indiana County, Pennsylvania, shall be for a period not in excess of one year and shall specifically state the type of activities that the applicant may engaged in, the type of municipal waste to be applied, where the waste has originated and the description of the area where the permitted activity shall take place.  The permit shall include any con¬ditions necessary to insure that the safety, health and welfare of the citizens of Pine Township, Indiana County, Pennsylvania are adequately protected.  This shall include, but is not limited to, the monitoring of water, water quality, water supplies and bonding.

SECTION EIGHT:  Any person violating Sections Two, Three, Four and Five or any of the conditions of any permit issued pursuant to this Ordinance shall upon conviction thereof in a summary proceeding shall be sentenced to pay a fine of not less than Three Hundred Dollars ($300.00) and costs.  And in default of such payment and costs, shall undergo imprisonment for not more than thirty (30) days.  Each day shall constitute a separate occurrence and, therefore, a separate violation.

SECTION NINE:  If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordi¬nance.

SECTION TEN:  This Ordinance shall become effective upon adoption.

ORDAINED AND ENACTED this 5th day of March 1984.

Steve Beilchick

David L Beatty

Sam Mariskanish

Attest:  Kathryn A. Malenich