1. If an applicant or applicants, or any operator, contractor or agent, or any principal of any corporate applicant, operator, contractor or agent, or any principal or a corporate principal, shall commit an environmental violation as herein defined, the Township may suspend, modify or revoke a certificate of registration, under the circumstances hereinafter set forth.
2. Definitions.
PRINCIPAL - any person owning more than 5% of the capital stock of a corporation, or an officer of the corporation, or a management level employee of the corporation.
ENVIRONMENTAL VIOLATION - any violation in connection with the project registered or sought to be registered under this Part, the registration certificate issued pursuant hereto, and State permit in relation to the project or any law, rule or regulation of any proper authority relating to this project, including any criminal or other laws as they apply to or relate to this project. "Environmental violation" shall also mean any past or present violation of any criminal law, which violation in any manner relates to solid waste, waste or environmental matters, including contracts and obtaining contracts in relation thereto, any pastor present violation of any criminal law which is in the category of "crimen falsi" offenses, and any active or continuing violation of any law, rule, regulation or permit of any proper authority relating to solid waste, waste or other environmental matters connected with or related to the collection, storage, transportation, processing, treatment and disposal of waste.
3. The applicant shall notify the Township of any "environmental violation" at the time of application or as soon as the same shall have occurred, giving adequate detail to permit proper evaluation thereof. Notification shall be given promptly upon assertion of any environmental violation by any proper authority whether or not the violation has been proven or appeals exhausted, but no adverse action shall be taken by the Township in connection with any such violation until a final adjudication thereof.
4. The Township will not exercise its rights under this provision to suspend, modify or revoke a certificate of registration with respect to any environmental violation, the harmful effects of which have been promptly corrected or eliminated, or (in appropriate cases where the violation is purely technical and no harm has been done, as to which reasonable efforts have been undertaken to prevent future violations of the same or similar type) unless the violation or a series of violations are, in the opinion of the Supervisors exercising reasonable executive discretion and judgment, of such a material and substantive nature or of such long duration or cumulative impact as to manifest an unwillingness or inability to comply with this Part, or unless such violations are criminal in nature. If the Commonwealth or the Federal Government shall suspend or revoke any required permit in connection with the project, the registration hereunder shall be automatically suspended or revoked.
(Ord. 44-8-92, 8/10/1992, §VIII)