1. Any applicant shall conduct the project in such a way and impose such requirements on anyone from whom it accepts any waste as may be necessary such that no vehicles hauling waste to or in connection with the project or empty vehicles which had hauled waste to or in connection with the project shall pass within 900 feet of any existing public or private school within the Township. The Supervisors determine that this provision is necessary to protect children because of the greater risk of a catastrophic accident if a vehicle hauling waste were to be involved in an accident in the vicinity of a school or if spillage or leakage from vehicles should occur in the vicinity of a school.
2. The route of transportation shall be specified in the application and the Supervisors shall be notified in advance of any change in the route.
3. Because of the customary heavy-weight vehicles engaged in the hauling of waste, because of the possibility of accidents, spillage or leakage, because of the possibility of the contents damaging township roads, and because of the greater risk of such damage coming from the frequency of use that would exist from the location of a waste facility within the Township as distinguished from an occasional use of a township road by general traffic, the Supervisors hereby determine that no township road or any portion of any township road shall be used as a way of ingress to or from any waste disposal or storage site from a State highway, except with permission of the Supervisors, which permission shall be granted only if there is no other reasonably practical means of access from a State highway and then only upon the applicant making satisfactory arrangements with the Supervisors for bearing the expense of the additional risk and danger to the road because of the weight, content, and frequency of travel associated with the operation of a waste facility within the Township. Reasonable bonds, payment of wheelage or other assurances of ability to meet maintenance and improvement obligations agreed to may be required. The Township official designated as emergency contact person under § 20-104(2)(G) is hereby authorized to grant permission for use of township roads during emergency situations. Permission shall be presumed for a period not to exceed 4 hours for situations where traffic must be diverted because of an accident or similar situation temporarily blocking the designated route. The emergency contact person shall, however, be promptly notified by applicant as soon as applicant becomes aware of the problem. The Township may revoke the "presumed" permission at any time by appropriate barricades, signs or other traffic control measures. Crossing of a township road shall also be considered use of a road and shall require an appropriate agreement between the applicant and the Township whereby applicant agrees to properly maintain the intersection, including the township road portion thereof. In intersection situations, a bond or other security shall be required only under exceptional circumstances. If applicant shall fail to perform any road maintenance obligation, applicant may be denied the use of the road, or the Township may perform the work and applicant shall promptly reimburse the Township for the costs thereof.
4. To ease cleanup in the event of spills or accidents, to keep down dust or otherwise protect public safety and welfare, and to provide a good road surface to make less likely the occurrence of tire failure or blowouts, and the dangers of spillage or leakage associated therewith, it is hereby required that any private road used to provide access to a waste facility from a State highway or a Township road shall be paved or surfaced with asphalt, gravel, cinders or other equivalent materials approved by the Pennsylvania Department of Transportation and maintained in such manner as to at all times provide a smooth hard surface thereon from said State highway or Township road to the property line of the property designated for the project.
5. In order to protect the citizens, inhabitants and traveling public of Lamar Township, applicant shall conduct the project in such a way and impose contractual requirements on anyone from whom it accepts waste such that all vehicles transporting said waste to the applicant's facility shall be covered by or included in a policy or policies of public liability insurance kept in force with good and reliable insurance companies authorized to do business in the Commonwealth of Pennsylvania. The liability limits shall be not less than $1 million bodily injury liability per person; $1 million aggregate per occurrence, and $1 million property damage liability. Should the material transported or handled be hazardous waste, applicant shall require a minimum of $5 million liability insurance coverage for personal injury and $5 million for property damage.
6. It is hereby declared to be unlawful for any transporter of waste to applicant's facility to fail to follow the designated route (except as hereinabove provided in the case of emergencies) or to otherwise fail to comply with the provisions and requirements of this section. Applicant shall not be responsible for an independent transporter's violation of this Section if applicant has fulfilled its direct obligations hereunder and has taken reasonable steps to inform such independent transporter of the requirements of this section. Applicant shall not accept waste from any person who has transported such waste in violation of the provisions of this Part if applicant knew or should have known in the exercise of reasonable business practice of such violation, unless applicant has been furnished-evidence satisfactory to a reasonably prudent businessman that the violation will not likely be repeated and that any harmful effects of the violation have been corrected.
(Ord. 44-8-92, 8/10/1992, §V)