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1. In order to determine if any applicant registered under this Part is complying with this Part throughout its operations, and in order to evaluate applications for a certificate of registration, and in order to evaluate materials submitted pursuant to the terms hereof, the Township may employ such engineers and other professionals as it may deem advisable from time to time.
2. In order to enforce the provisions hereof, to advise the Township with respect to the application of this Part and the implementation thereof, to negotiate agreements authorized by the terms hereof, and to otherwise deal with legal matters relating to the implementation of this Part and the enforcement thereof, the Township may employ such attorney or attorneys, including the Township Solicitor, to render such special services in relation hereto as the Supervisors may from time to time require.
3. The Supervisors may adopt reasonable rules and regulations to carry out the intent and purpose of this Part from an administrative standpoint, such as designations of addresses to be used, persons to be contacted, procedural matters relating to hearings, and other similar matters not inconsistent with the substantive provisions hereof.
4. Any violation of any provision of this Part or any rule or regulation of the Township Supervisors adopted pursuant hereto or the term of any registration certificate or the term of any permit issued by the Commonwealth or any law, rule or regulation of any Federal, State or local authority in relation to the matters covered hereby, is hereby declared to constitute a public nuisance and any person committing such a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by such violation.
5. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this Part, any rules or regulations adopted hereunder or any term or condition of nay registration certificate or any agreement or undertaking entered into with the Township in connection herewith, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 12110120011
6. This Part shall not restrict the right of the Township to take such other action as may be allowed by law to abate nuisances, to correct same on its own, and to recover the costs thereof, to forfeit bonds, to file municipal claims and otherwise exercise such rights or remedies as may be otherwise provided by law.
7. This Part shall not restrict the right of any person to exercise and enjoy all rights and remedies otherwise available to such person by law relating to the matters covered hereunder, such as, but not limited to, private rights to abate nuisances or recover damages for tortious conduct. The Township does not intend to preempt or restrict any such rights and remedies of any person.
8. The Supervisors shall have the right and the applicant, by applying for a certificate of registration, or a transporter, collector or processor, by engaging in conduct within Township, shall be deemed to consent to the Supervisors or their agents entering any building, property, premises, place or vehicle, where any waste is deposited or disposed of or stored, collected or processed for the purpose of making such investigation or inspection and taking such samples as may be necessary to ascertain compliance or noncompliance by any person with the provisions of this Part, any registration certificate issued hereunder, any permit issued by the Commonwealth of Pennsylvania, or any law, rule or regulation of the Township, Commonwealth, United States or any other proper authority. The Supervisors shall also have the right to inspect vehicles hauling waste, whether loaded or empty, and to take samples thereof. All rights hereunder shall be exercised in a reasonable manner and in compliance with reasonable requirements of the inspected party as to matters of safety and accompaniment by representatives of the inspected party during inspections, but this requirement shall not require advance notice or prohibit inspection merely because no one is available at the time to accompany an inspector.
9. The remedies herein provided for the enforcement of the provisions of this Part or any other remedy afforded by law shall not be deemed mutually exclusive and may be employed simultaneously or consecutively at the discretion of the Supervisors.
10. If any section or part of any section, sentence, clause or phrase of this Part shall be construed to be unconstitutional or invalid by any court of competent jurisdiction, such ruling shall not affect the validity of any other section, sentence, clause or phrase hereof, all of which shall remain in full force and effect and, for this purpose, the provisions of this Part are hereby declared to be severable and the intention of the Supervisors is hereby declared to be that this Part would have been enacted without such constitutionally offensive section, sentence, clause or phrase.
11. Applicant shall annually or at such greater frequency as applicant may desire (A) submit a report to the Supervisors listing the characteristics and specific sources of the waste received the previous year, and (B) submit a report updating the emergency management information supplied with the application under the terms hereof.
12. In implementing this Part, the Township shall provide for such notice and hearings preceding adverse action as may be required by applicable law or constitutional provisions.
13. The applicant shall maintain all necessary records, weigh tickets, invoices, manifests or the like as may reasonably be required to establish the information necessary to determine the amount of materials, the type of materials and the weight of materials deposited in the facility and all of such information shall be subject to inspection by the Township or its agents.
14. The Supervisors may participate to the maximum extent allowed by law in the State permitting process and in all administrative and judicial remedies provided for therein and nothing in this Part shall be deemed to detract in any way from the Township's right to participate in the permitting process and in all administrative and judicial remedies provided for with respect thereto.
15. No grant of a certificate of registration hereunder and no grant of a certificate contingent upon a State permit hereunder shall be deemed to be the consent of the Township to the issuance of a permit by the State or to prohibit the Township from taking any position before the State that it deems advisable.
16. This Part and all obligations imposed hereunder or under any registration certificate or agreement pursuant hereto shall be binding upon applicant and his or its heirs, successors and assigns.
17. Nothing in this act shall be construed as estopping the Commonwealth, or any district attorney or solicitor of a municipality from proceeding in courts of law or equity to abate pollution forbidden under this act, or abate nuisances under existing law. It is hereby declared to be the purposes of this act to provide additional and cumulative remedies to control the collection, storage, transportation, processing, treatment, and disposal of waste within the Commonwealth, and nothing contained in this act shall in any way abridge or alter rights of action or remedies now or hereafter existing in equity, or under the common law or statutory law, criminal or civil, nor shall any provision of this act, or the granting of any permit under this act, or any act done by virtue of this act, be construed as estopping the Commonwealth, persons or municipalities, in the exercise of their rights under the common law or decisional law or in equity, from proceeding in courts of law or equity to suppress nuisances, or to abate any pollution now or hereafter existing, or to enforce common law or statutory rights. No courts in this Commonwealth having jurisdiction to abate public or private nuisances shall be deprived of such jurisdiction in any action to abate, any private or public nuisance instituted by any person for the reasons that such nuisance constitutes air or water pollution.
(Ord. 3/9/1993B, §XII; as amended byOrd. 12/10/2001)