DEP Action On Borough Noise Ordinance Due Next Month

By Andrew Gorosko

The state Department of Environmental Protection’s (DEP) review of the borough’s noise control ordinance is expected to be complete by mid-August.

Joseph Foutz, an air quality control engineer in DEP’s Bureau of Air Management, said this week he is reviewing the ordinance enacted by the Borough Board of Burgesses last January to ensure the ordinance meets state noise control standards. If the ordinance meets those standards, the DEP will return it to the borough for legal publication. The ordinance would take then effect 30 days after publication.

The borough noise control ordinance must be at least as stringent as the DEP’s noise control standards to gain DEP approval. If the DEP has concerns about provisions in the borough ordinance, it would provide its comments to the burgesses, on which the burgesses could base revisions to the ordinance.

If the burgesses then make revisions which bring the ordinance into compliance with state noise standards, the state would endorse the borough’s document, making it legally enforceable, according to Mr Foutz.

Besides his technical review of the borough noise ordinance, the document will be submitted for a legal review by state attorneys.

The DEP has endorsed about 30 local noise control ordinances which have been submitted to it by municipalities from around the state, Mr Foutz said.

The borough noise control ordinance is intended to prevent, limit, control and eliminate excessive noise in the borough for the welfare of borough residents. The burgesses’ rationale for the noise control ordinance is that excessive noise degrades the environment and is detrimental to the health, safety and welfare of borough residents.

The ordinance sets standards that prohibit certain commercial and industrial activities during the overnight hours, including loading and unloading, refuse collection, vehicle operations, street sweeping, lawn mowing, and mechanical equipment operation.

The ordinance would allow borough officials to inspect the premises about which complaints have been filed, or if they are refused access, to seek a search warrant from a judge to obtain access. Officials enforcing the ordinance could seek court orders to stop noise problems.

Penalties for ordinance violations would be $100 per day per violation.