ORIGIS^AL 

LOWER PROVIDENCE TOWNSHIP 

MONTGOMERY COUNTY, PENNSYLVANIA 

ORDINANCE NO. 601 

AN ORDINANCE OF THE TOWNSHIP OF LOWER PROVIDENCE, 

MONTGOMERY COUNTY, PENNSYLVANIA PROmBITING CERTAIN 

ACTlVlllES FOR THE PURPOSE OF PROTECTING THE XNTEGRTFY 

OF THE REMEDIAL MEASURES AT THE MOVER'S LANDFD:. L 

SUPERFUND SITE. 

BE IT ORDAINED AND ENACTED by the Board of Supervisors of Lower 

Providence Township, and it is hereby ORDAINED and ENACTED as follows: 

Section 1. Chapter 101 of the Code of the Township of Lower Providence is hereby 

ordained and enacted to read as follows: 

CHAPTER 101. CLOSED LANDFILL, INSTnunONA L CONTROLS 

§101-1. Background and Legislative Intent. 

A. The Moyer's LandfiJi Superfund Site is a 65-acre inactive privately owned 

landfill located at Moyer Road in Lower Providence Township, Montgomery, 

Pennsylvania, bounded on the north and west by Evansburg State Park, on the 

east by a single original home and a housing developrnent (Valley High Estates) 

and on the south by the Valley High Estates Development, together with 

undeveloped land, consisting of Tax Parcel Number 430009451001 O^ereinafter 

referred to as "Moyer's LandfiH"). The landfill operated until early 1981 at which 

time an order fi-om tlie Pennsylvania Department of Environmental Resources 

(PADER), now Pennsylvania Department of Environmental Protection (PADEP) 

closed the facility. Moyer's Landfill became a Superfiuid Site when it was listed 

on the National Priorities List on September 8, 1983. 

EPA conducted remedial actions at the site pursuant to a 1985 ROD and a 2000 

ESD. The remedy implemented at the Moyer's Landfill by EPA consisted of the 

following: constrtiction of a RCRA Cap; gas venting and gas monitoring; surface 

wiater collection and discharged to Skippack Creek; security/fencing measures; 

operation and maintenance consisting of ground and surface water monitoring and 

maintenance of the cap; and, pursuant to the 2000 ESD, construction of a leachate 

collection and conveyance system for conveyance of leachate to an existing 

Publicly Owned Treatment Works (POTW). Pursuant to a second ESD issued by 

EPA in September 2009, EPA determined that certain institutional controls are 

necessary at Moyer's Landfill for the protection of the integrity of the remedial 

measures at the site to ensure long term protection of human health and the 

environment. 
§ 101-2. Definitions. 

Unless the context clearly indicates otherwise, the meaning of the following terms and 

phases used in this Ordinance shall be as follows: 

A. "Property" shall mean the real property located witliin tlie footprint of Moyer's 

Landfill, as more specifically described in Figure 1 attached hereto. 

B. "Owner" shall mean the Person, custodian, guardian, trustee, caretaker, executor 

administrator in whose name the deed for the Property, or any portion thereof, is 

titled. 

C. 'TersOn" shall mean any individual, partnership, company, corporation, 

association, corporate political body, joint ownership or any other entity. 

§ 101-3. Prohibition. 

It shall be unlawful for any Owner, lessor, lessee or occupier of the Propertyj or any other 

Person to engage in any activities on the Property that would in any fnanner distxirb or 

interfere with the environmental remedial systems at the Property, includirig, without 

limitation, the landfill cap, gas vents, monitoring wells, leachate collection and 

conveyance system, and security measures, such as fencing, that prevent access to the 

Property. The prohibited activities include, but are not limited to the following: 

A. Digging in or disturbance of the landfill cap, tampering with hardware or 

equiprnent associated with tlie gas vents, rnonitoring wells, leachate collection and 

conveyance systems or the security fencing. j 

B. Any use of leachate generated at the Property including, without Umitation, any 

^ activities that could cause exposure to contaminants in the leachate yia ingestion, 

vapor inhalation or dermal contact. 

C. Digging in or disturbance of the landfill cap includirig, without limitation, any 

activities that could result in contact with contaminants in the soils at the Property 

through ingestion, inhalation or dermal contact. 

§ 101-4. Enforcement - Violations and Penalties. 

A. In addition to any other remedy available under law or in equity, any Person 

convicted of a violation of this Article shall be subject to a criminal fine in an 

amount not to exceed $ 1,000.00 per day per violation or suffer imprisonment for a 

period of not more than 30 days, or both, together with costs of prosecution. Each 

24-hour period during which a violation continues shall constitute a separate 

offense. Enforcement of this Article shall be brought by action filed with a 

district justice in tlie same manner provided for enforcement of summary offenses 

rmder the Pennsylvania Rules of Criminal Procedure. The township solicitor may 
assume charge of the prosecution without the consent of tlie district attorney. AJl 

fines and penalties collected for violation of this Article shall be paid over to the 

township treasury. Notliing m this section shall prohibit the township fi"om 

enforcing the provisions of this article by any other remedy available at law or in 

equity. The remedies provided herein shall be cumulative and concurrent and 

shall be in addition to any other remedies available to the township at law or in 

equity. 

Section 2 - Severability. In the event that any section, sentence, clause, phrase or word 

of this Ordinance shall be declared illegal, invahd or unconstitutional by any court of competent 

jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose enforcement of 

any of the remaining portions of this Ordinance. 

Section 3 - Repealer. All Ordinances or parts of Ordinances inconsistent herewith or in 

conflict with any of tlie specific terms enacted hereby, to the extent of said inconsistencies or 

conflicts, are hereby specifically repealed. 

Section 4 - Ejffective. This Ordinance shall become effective five days after its 

enactment, 

ORDAINED and ENACTED this .-^O''"^ day of /]< fx^hsi.^ 2011. 

ATTEST: BOARD OF SUPERVISORS 

OF LOWER PROVIDENCE TOWNSHIP 

r::^J/A JpSfePH DUNBAR, Secretary RICHARD T. BROWW, Chairman 
jys; ~ sS ; -^^ ^ J-K-*^ .5«i ', / ^ 

FIGURE 1