A. Solid waste facilities, including transfer stations, and staging areas, herein referred to as facilities, shall be permitted only in those districts as specified in the Schedule of Uses, and shall, in addition to the other applicable standards in this chapter, be subject to all applicable state and federal regulations and the requirements of this section.
B. Traffic study. The applicant shall provide a traffic study in accord with
§ 215-41: Traffic impact study (TIS).
C. Yards. No part of any facility created after the effective date of this chapter shall be located closer than 300 feet to an existing public right-of-way, property line or stream. The yard areas shall remain unoccupied with no improvements except required fencing and access road(s). A buffer not less than 50 feet in width shall be provided in all yards in accord with
§ 215-35: Performance standards applicable to all uses in all districts of this chapter. Additional buffers and setbacks may be required in accord with this chapter.
D. Fencing. All facilities shall be completely enclosed by a chain link fence not less than 10 feet in height. All gates shall be closed and locked when closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.
E. Environmental impact statement. As part of the review process, the Borough may require the applicant to prepare and submit an environmental impact statement pursuant to
§ 215-37: Environmental impact statement (EIS) of this chapter.
F. Storage and loading/unloading. Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. Any solid waste stored for more than three hours shall be stored in an enclosed building. For any facility other than a sanitary landfill, all transfer, loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface which drains into a holding tank that is then adequately treated.
G. Effluent treatment. The facility shall provide for treatment and disposal for all liquid effluent and discharges generated by the facility due to the storage, loading or unloading, transfer, container or vehicle washing, or other activity undertaken in processing or transporting the solid waste. All such activities shall be conducted only over an impervious surface and all drainage shall be collected for treatment. Any water discharge from the facility after being treated by the wastewater treatment system shall meet all applicable PA DEP and Municipal Authority requirements.
H. Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be disposed of or stored or processed in any way, except for types and amounts of hazardous substances customarily kept in a commercial business for on-site use. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
I. Water quality. The owner of any facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period two samples shall be collected: one from the stream at a point upstream of the solid waste disposal facility drainage area and one from the stream at a point below the facility drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Borough, and results shall be provided to the Borough. If said samples exceed the limits established by the PA DEP, the facility shall cease operation until such time as the source of the contamination has been identified and corrected.
J. Emergency access. The operator of the facility shall cooperate fully with local emergency services. This shall include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
K. Hours of operation. Under the authority granted to the Borough under State Act 101 of 1988, all such uses shall be permitted to operate only between the hours of 7:00 a.m. to 7:00 p.m. and are not permitted to operate on Sundays, Christmas Eve Day, Christmas Day, New Year's Day, 4th of July, Labor Day, Memorial Day or Thanksgiving Day. All deliveries of solid waste shall be made during the hours between 7:00 a.m. to 5:00 p.m. and not on Sundays or the above-specified holidays.
L. Nuisances. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors. The applicant shall prove to the satisfaction of the Council that the use would not routinely create noxious odors off the tract. The operator shall regularly police the area of the facility and surrounding street to collect litter that may escape from the facility or truck. The applicant shall provide documentation to the satisfaction of the Borough that the proposed facility shall operate in such a manner as to not create a general nuisance, endanger the public health, safety, and welfare or inhibit the public's use or enjoyment of its property.
M. Attendant and inspections. An attendant shall be present during all periods of operation or dumping. The applicant shall, if granted a conditional use permit, allow access at any time to the facility for inspection by appropriate Borough officials and provide the Borough with the name and phone number of a responsible person(s) to be contacted at any time in the event of an inspection.
N. State and federal regulations and reporting. The operation and day-to-day maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter. All solid waste transfer facilities (as defined by this chapter) shall be subject to all requirements of 25 PA Code Chapter 279 (as amended), Transfer Facilities, regardless of whether a permit pursuant to said requirement is required. Where a difference exists between applicable state regulations and Borough regulations, it is intended for the purposes of this section that the more stringent requirements shall apply. A copy of all written materials and plans that are submitted to PA DEP by the applicant shall be concurrently submitted to the Zoning Officer.