A. The performance standards applicable to industrial uses will include all adopted air pollution, water pollution, noise, health or other relevant federal and state laws and regulations. In addition, the Board of Supervisors may affix other conditions upon applicants for industrial zoning, including but not limited to those conditions outlined in this chapter, so as to protect the public health, safety and welfare. No use shall be established in an industrial district after the effective date of this chapter which shall cause a violation of federal and state laws and regulations relating to air and water pollution, noise, health or other relevant laws and regulations.
B. No use shall be established in an industrial district after the effective date of this chapter which shall cause a violation of the conditions and standards affixed by the Board of Supervisors either by this chapter or by vote of the Board of Supervisors pursuant to the objective of protecting the public health, safety and welfare. The applicant for a grading permit, sedimentation permit, building permit or zoning permit for uses in an industrial zone or applicants for industrial zone exceptions to the zone or variances to the zone shall be required to submit proof that the uses proposed will not cause violations of federal, state, county and township laws and regulations. For industrial uses which will produce emissions of pollutants to the waters and air of the township, this proof shall include measurements of the ambient water and air quality as well as documentation in the form of figures that the additional planned and proposed industrial use will not cause the violation of either ambient or source standards outlined by the laws and regulations of the federal, state and county governments. Any use already established on the effective date of this chapter shall also be required to conform to the adopted federal and state laws and regulations mentioned above as well as the standards outlined in this chapter for industrial uses. Any industrial use that does not conform to the adopted federal, state and county laws and regulations shall be considered a nonconforming use. Abatement action to bring such uses into conformance with adopted federal, state and county laws and regulations will commence immediately. If abatement actions have not been sufficient to meet these laws and regulations within twelve (12) months, the industrial use will be required to cease operations to that extent necessary to reduce the pollution and other violations to the levels required by law and regulation. Once a violation of the standards of this chapter or state or federal laws and regulations have been documented, the operator of the industrial use involved in the violation shall bear the cost of the monitoring program necessary to bring the use into compliance with this chapter.
