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1. No person shall engage in any conduct requiring a permit from the Commonwealth of Pennsylvania under the Municipal Waste Planning, Recycling and Waste Reduction Act of the Commonwealth of Pennsylvania, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., and the Solid Waste Management Act of the Commonwealth of Pennsylvania, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S., § 6018.101, et seq., and the Act of July 13, 1988, P.L. 525, No. 93, dealing with Infectious and Chemotherapeutic Waste Disposal, 35 P.S. § 6019.1 et seq.; and the Hazardous Sites Cleanup Act of the Commonwealth of Pennsylvania, Act of October 18, 1988, P.L. 756, No. 108, 35 P.S. § 6020.101 et seq., and the Air Pollution Control Act of the Commonwealth of Pennsylvania, Act of January 8, 1960, P.L. (1959) No. 2119, as amended, 35 P.S. § 4001 et seq., within the corporate limits of this Township without first obtaining the requisite permit ordinance, and obtaining a registration certificate from the Township. If, at the time this Part becomes effective, a person already has a permit from the Commonwealth of Pennsylvania, then that person shall have a period not greater than 3 months within which to obtain a registration certificate from the Township in accordance with this Part and may operate without registration during that period. If such person is proceeding with due diligence to obtain a registration certificate from the Township, the Township Supervisors may, by motion, for good cause shown, extend the time during which the person may operate without a registration certificate.
2. Registration Certificates.
A. A registration certificate shall be applied for by any person seeking a permit from the Commonwealth simultaneously with the filing of said permit application with the Commonwealth by filing a true, complete and correct copy fo the State application with the Supervisors of the Township. If a person already holds a permit from the Commonwealth, or has already filed an application, a true, complete and correct copy thereof shall be filed forthwith upon the effective date of this Part.
B. Registration certificates shall only be obtainable by persons who are municipalities or municipal authorities, except by the grant of a petition for any exemption which shall be filed concurrently with the application for registration certificate and shall include such documentation to demonstrate such financial and other resources so as to provide economic and other stability with respect to the waste management activity.
C. The Township Supervisors will evaluate the petition as well as the application for a certificate in light of the goal to achieve continued operational stability and financial stability of the applicant to satisfy all obligations under this Part and the prevention of abatement of a public nuisance that may be created by the waste activity.
3. All applicants for a registration certificate and all persons who hold a registration certificate shall submit to the Township true, complete and correct copies of all materials submitted to the Commonwealth of Pennsylvania, in connection with the project or facility for which a registration certificate is sought including, but not limited to applications, supporting papers and documents, maps, test results, statements and responses to inquiries by the Commonwealth. Such material shall be submitted simultaneously with its submission to the Commonwealth or, if already submitted to the Commonwealth, promptly upon the effective date of this Part. Any information which is designated as "confidential" and is permitted to be so designated by the Commonwealth, shall be disclosed only to the Supervisors, engineers, Solicitor or other professionals needing such information for purposes of enforcement of this Part or applicable law, and shall be disclosed by them only as necessary in the performance of their duties. Said application shall certify that no waste activity shall be undertaken within 500 feet of any habitable building with said distance being measured horizontally from the habitable building, unless the current owner of the dwelling has provided a written waiver consenting to the facility being closer than 500 feet. For facilities permitted prior to April 9, 1988, no waste activity shall be undertaken within 300 feet of any habitable building with said distance being measured horizontally from the habitable building, unless the current owner of the dwelling has provided a written waiver consenting to the facility being closer than 300 feet. A waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner. Waste management activity when used herein shall encompass a permitted or proposed area to be permitted by the Pennsylvania Department of Environmental Protection. [Ord. 12/10/2001]
4. Every person applying for a registration certificate from the Township shall give public notice by advertisements one time in the Lock Haven Express, the Clinton County Legal Journal and in such other or substitute newspapers as the Supervisors of the Township may hereafter by motion designate, of their application for a registration certificate and of the type of permit obtained or being sought from the Commonwealth, the type of activity intended to be engaged in, the location thereof, and setting forth the complete name and address of the applicant, and also setting forth a location within the Township where any interested citizen may examine a copy of the application, and setting forth reasonable hours during which the same may be examined. Said notice shall specify that if any person has any objection to the granting of a registration certificate by the Supervisors of the Township pursuant to this Part, such person should make known the same within 30 days from the date of said advertisement, in writing, addressed to Lamar Township Supervisors, R. D. 1, Box 135-Al, Mill Hall, PA 17751, or at such other address or designation as the Township Supervisors may by motion hereafter fix. The Supervisors may accept comments or objections received after said 30 day period. In all respects, the applicant must comply with the provisions of Title 25, Pa. Code, Chapter 271, §§ 271.141 - 271.144 but compliance will not be limited to only those sections set forth above.
5. The Supervisors shall review the application and supporting data, together with any comments or objections received from citizens, and may, if they deem it appropriate in the exercise of their discretion, hold a public hearing on the application for a registration certificate. A registration certificate shall be issued if the applicant complies with all of the terms and conditions of this Part and makes appropriate provision for future compliance with the terms and provisions of this Part, including the posting of such bonds, letters of credit or the like as may be required by the terms hereof. A registration certificate may be issued at any time but shall not be effective until applicant receives a permit from the Commonwealth. The Supervisors shall act on the request for registration within 90 days of receipt of the application and supporting data and notification by the applicant that the Department of Environmental Protection has deemed the permit application to be administratively complete unless they notify the applicant that additional time is required (not to exceed an additional 3 months), explain the reasons therefor and afford applicant an opportunity for a hearing on the question of need for additional time. The granting of a registration certificate shall not be deemed approval of the application for a permit from the Commonwealth. [Ord. 12/10/2001]
6. If the Supervisors do not grant a registration certificate, they shall give notice of that decision to the applicant, in writing, stating the reasons why a registration certificate has been refused and the applicant shall be afforded an opportunity for a prompt hearing before the Supervisors at a public meeting after which the Supervisors shall make a final decision. If a State permit has already been granted, then a hearing shall at least be offered within 10 days of the Supervisors' notice to the applicant that it will not approve registration and stating the reasons therefor and, unless waived by the applicant, the Supervisors shall make their decision within 10 days after the hearing. If this process takes place prior to the grant of the permit by the Commonwealth, the 10 day time limit shall not apply; instead, the hearing shall be scheduled within 30 days and the decision shall be rendered within 30 days after the hearing.
7. If a hearing is held under subsections (5) or (6) of this Section, notice of same shall be given by regular mail or other appropriate means to any person who made written objection to the granting of registration within the Township under subsection (4) of this Section and those other persons who specifically requested notice of any hearing under subsections (5) or (6) of this Section. Notice shall be mailed at least 3 days before the hearing. Public notice meeting the requirements of law for meetings of the Supervisors shall also be given. These provisions apply only to notice of a hearing held under subsections (5) or (6) of this Section. These provisions do not apply to other public hearings that may be held.
(Ord. 44-8-92, 8/10/1992, § 111; as amended by Ord. 12/10/2001)