Chapter 27, Nuclear Wastes
[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 5-6-1980 by Ord. No. 1-80. Amendments noted where applicable.]
§ 27-1. Title.
This chapter shall be known as the "Harveys Lake Borough Nuclear Waste Ordinance."
§ 27-2. Purpose and intent.
It is the purpose and intent of this chapter to promote and protect public health so as to prohibit the depositing, accumulation and storage within the Borough of nuclear waste material emitting or capable of emitting ionizing radiation; and to prohibit the development of potential public health hazards through the accumulation and storage of nuclear waste products emitting or capable of emitting ionizing radiation; and, at the same time, to protect property values of adjacent property owners by prohibiting the depositing, accumulation and storage of nuclear waste products emitting or capable of emitting ionizing radiation.
§ 27-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
IONIZING RADIATION -- Any radiation consisting of:
A. Directly ionizing charged particles (electrons, protons, alpha particles, etc.) having sufficient kinetic energy to product ionization by collision.
B. Indirectly ionizing uncharged particles (neutrons, photons, etc.) which can liberate directly ionizing particles or can initiate a nuclear transformation.
PERSON -- Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this Commonwealth, any other state or political subdivision or agency thereof and any legal successor, representative agent or agency of the foregoing.
RADIATION SOURCE -- An apparatus or a material emitting or capable of emitting ionizing radiation.
§ 27-4. Deposit or possession prohibited.
No person shall deposit, store, accumulate, keep, possess or allow upon any property within the limits of the Borough any apparatus or material emitting or capable of emitting ionizing radiation.
§ 27-5. Time limit for compliance.
Every person subject to the provisions of this chapter shall have three months from the time the chapter becomes effective to comply with the provisions of this chapter.
§ 27-6. Violations and penalties.
Any person found violating any provision of this chapter shall be subject to a fine of $300 or imprisonment for a period of 30 days, or both, and the costs of prosecution for each violation therefor. A new and separate offense shall be deemed to have been committed for each day that said violation exists.
§ 27-7. Abatement of continued violations.
In addition to the remedies provided in § 27-6 above, any continued violations of this chapter which shall constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.