Applications.
The following information shall be submitted by an applicant for conditional use approval for a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, and shall be evaluated by the Board. An applicant receiving conditional use approval pursuant to this section shall not be required to resubmit this information in applying for a zoning permit pursuant to
§ 200-147: General permit requirements.
(1) Maps of the proposed facility site, prepared by a registered engineer to a scale of one inch equals 50 feet, showing the following:
(a) Topography;
(b) Geological formations;
(c) Soil classifications;
(d) Proximity of site to surface water, and use of such surface water;
(e) Groundwater study, including location of all aquifers and aquifer recharge zones;
(f) Wetlands;
(g) Floodplains;
(h) Area of prime agricultural land;
(i) Wildlife habitat areas;
(j) Woodlands and other significant vegetation;
(k) Existing uses of property;
(l) The names of adjacent owners and the land uses of their property;
(m) Any existing and/or proposed natural or artificial buffers;
(n) Nearby historic sites; or buildings of architectural or historic significance;
(o) Nearby schools, hospitals and other congested areas;
(p) Location of the site relative to public roads;
(q) Any proposed fencing or other improvements.
(2) A written description of the proposed operations per
§ 200-135E unless otherwise covered in this section.
(3) Engineering and, if any, architectural plans per
§ 200-135D unless otherwise covered in this section.
(4) Any other information required at the request of the Board.
(5) Written description as to the operating experience, financial status, instances of landfill permit violations, and other pertinent data concerning the applicant, and if different, the owner(s) and proposed manager; relationships among applicant, owner, and proposed manager.
(6) Types and places of origin of solid waste to be eligible for disposal.
(7) Statement indicating expected useful life of the site as a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators, and plans for the restoration of the site upon termination of such facility operation.
(8) A copy of the application to DEP for a solid waste management permit, including Module 9 when submitted under DEP's environmental assessment process.
(9) A copy of:
(a) An application to DEP for an erosion and sedimentation control permit; and
(b) An erosion and sedimentation control plan.
(10) Evidence, which may take the form of a certification by the Chester County Board of Commissioners, that the application for a solid waste management permit, and the conditional use, is consistent with the Chester County Solid Waste Management Plan.
(11) Proposals for leachate collection, treatment and disposal, and for gas migration control.
(12) Proposed sources of cover material sufficient for the project.
(13) Adequate provisions for public services, including water, sewer, police, and fire.
(14) An environmental impact study in accordance with
§ 170-20: Preliminary plans of the Subdivision and Land Development Ordinance, shall include the following additional information:
(a) Any existing sanitary landfill sites within the Township;
(b) Any adverse environmental impacts of the proposed sanitary landfill, including an indication of those adverse environmental effects which cannot be avoided;
(c) Any efforts which can be employed to mitigate or avoid such adverse environmental effects; and
(d) Any irreversible and irretrievable commitments of resources which would be involved if the application is granted.
(15) A traffic study prepared by a traffic engineer selected by the Township showing:
(a) The existing and projected traffic in the area of the proposed sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerators; and
(b) The projected traffic patterns after its completion and full operation, including proposed access routes, roads and bridges (indicating their capacity), traffic plan, and types, sizes, and capacities of disposal vehicles.
(16) Proposed methods for buffer and screening, litter control, dust management, and well monitoring to determine a breach in landfill liner.
(17) Proposed hours of operation; provided that, to the extent any such information is already contained in the applicant's application for a solid waste management permit, such information may be incorporated by reference in the application for conditional use and, provided further, that the application for conditional use shall contain any such other information as may be requested by the Board in order to assist the Board in determining whether or not such application shall be granted.
Conditions of operation.
(1) Prior to the commencement of any activity to prepare or operate a site given conditional use approval as a sanitary landfill, solid waste transfer station, other solid waste facility, including incinerator, the applicant and operator shall agree to conduct all such activities in strict accordance with the standards in Subsection D above, and with any other conditions that may be imposed by the Board at the time of conditional use approval. Such acknowledgement shall be in the form of a development agreement(s) with the Township, executed at the time of conditional use approval and recorded with the property deed at the Chester County Office of the Recorder of Deeds.
(2) Operation of a sanitary landfill or other solid waste management facility as an approved conditional use shall be contingent upon the applicant securing and conforming to the terms of a solid waste management permit from the Pennsylvania Department of Environmental Protection (DEP) and any other applicable statutes or regulations. A copy of the DEP approved application and permit, which is not subject to any appeal, shall be filed with the Township prior to commencing any site preparation activity.
(3) No hazardous waste shall be deposited, handled, or treated in, at, or on any sanitary landfill or other solid waste management facility.
Future use.
Any subsequent use of the sanitary landfill, solid waste transfer station, or other solid waste management facility site shall be only those permitted by the zoning district in which it is located, provided that the applicant demonstrates to the Board that the site has been, or can be, stabilized and otherwise made suitable and safe for the use proposed.
Violations and penalties.
In addition to the fines and penalties generally prescribed for violations of this chapter in
§ 200-146: Violations and penalties, the conditional use approval of a sanitary landfill, solid waste transfer station, or other solid waste management facility, including incinerator, shall be subject to suspension or termination in the event that:
(1) Such facility is operated in a manner other than that permitted by the conditional use approval.
(2) The operator should ever be enjoined from operating the facility.
(3) The solid waste management permit for the facility operation is suspended or revoked.
