[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 5-20-1998 by Ord. No. 98-3. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Land Application of Sewage Sludge Ordinance of Independence
Township, Washington County, Pennsylvania."
The purpose of this chapter is:
A.
To protect the health, safety and general welfare
of all Township citizens and other persons by seeking to prevent exposure
to any toxic or other harmful material contained in sewage sludge
including but limited to: heavy metals, pathogens, radioactivity and
toxic and carcinogenic chemicals as provided by Section 503.5 of Subchapter
O, Chapter I of Title 40, Code of Federal Regulations.
B.
To seek to preserve the surface waters and aquifers
that contribute to a healthy environment and to seek to preserve the
natural environmental quality of all land and its flora and fauna
within the Township.
C.
To seek to preserve and protect agriculture and agriculture
related activities and to seek to preserve a productive land base
and climate for future generations.
The following terms shall have the meanings
defined in this section wherever they are used in this chapter:
Lands that abut a sewage sludge site within the boundaries
of the property on which the site is located.
"Site permit applicant" is the owner of an agricultural property
that is a DEP permitted disposal site in Independence Township. "Land
application permit applicant" is the transporter (hauler) of sewage
sludge.
Pennsylvania Department of Environmental Protection.
Preapplication inspection and post-application surveillance,
audit and reporting on land applications of sewage sludge.
The spraying or spreading of sewage sludge onto the land
surface; the injection of sewage sludge below land surface or the
incorporation of sewage sludge into the soil.
The Land Application of Sewage Sludge Ordinance of Independence
Township and any subsequent amendment thereto.
Pathogenic organisms are disease-causing organisms that include
but are not limited to certain bacteria, protozoa, viruses and viable
helminth ova.
SITE PERMITDocument which confirms that proposed site meets all federal, state and local regulations pertaining to land application of sewage sludge.
LAND APPLICATION PERMITAuthorization to deposit sewage sludge on agricultural lands in Independence Township.
An individual, natural person, trustee, court-appointed representative,
syndicate, association, partnership, firm, club, company, corporation,
business trust, institution, agency, government corporation, municipal
corporation, city, county, municipality, district or other political
subdivision, department, bureau, agency or instrumentality of federal,
state or local government, contractor, or any officers, agents, employees,
factors, or any kind of representatives of any thereof, in any capacity
acting either for himself, or for any other person, under either personal
appointment or pursuant to law, or other entity recognized by law
as the subject of rights and duties, the masculine, feminine singular
or plural is included in any circumstances.
All sampling and analysis required by this chapter shall
be performed by a DEP certified commercial laboratory whose work is
approved by Independence Township.
Solid, semisolid or liquid residue generated
during the treatment of domestic sewage in a treatment works. Sewage
sludge includes, but is not limited to, domestic septage, scum or
solids removed in primary, secondary, or advanced wastewater treatment
processes; and material derived from sewage sludge. Sewage sludge
does not include ash generated during the firing of sewage sludge
in a sewage sludge incinerator or grit and screening generated during
preliminary treatment of domestic sewage in a treatment works.
DOMESTIC SEWAGEWaste and wastewater from humans or household operations that is discharged to or otherwise enters treatment works.
INDUSTRIAL WASTEWATERWastewater generated in a commercial or industrial process.
GRIT (SAND, GRAVEL, CINDERS OR OTHER MATERIALS OF HIGH SPECIFIC GRAVITY)Screening (relatively large materials such as rags) generated during preliminary treatment of domestic sewage in a treatment works.
The sewage treatment residues may consist of
viscous semisolid mixture of bacteria and virus-laden organic matter,
toxic metals, synthetic organic chemicals, and settled nonbiodegradable
solids removed from domestic and industrial wastewater at a sewage
treatment plant.
A surveyed area of agricultural land used for the application
of sewage sludge.
References Independence Township and/or Independence Township
Board of Supervisors or their agent.
The conveyance of sewage sludge from one point to another.
Site or location of well, spring or water supply stream intake
which is used for human consumption (Pa. Code, Title 25, § 271.1).
A.
This chapter is adopted and enacted pursuant to the
authority granted to the Township by all relevant state and federal
law including but not limited to the following:
(1)
The provisions of the Second Class Township Code VII,
as codified in 53 P.S. § 65701 et seq.,[1] authorizes the Township to enact ordinances dealing with
the protection of the Township residents health, regulation of refuse
material and nuisances and promotion of pubic safety.
[1]
Editor's Note: See now Article XV, 53 P.S. § 66501
et seq.
(2)
The provisions of the Second Class Township Code VII,
as codified in 53 P.S. § 56101 et seq., to provide for the
protection and preservation of the natural resources, human resources,
and to promote, protect and facilitate public health, safety and welfare.
To preserve and protect farm land, woodland and the recreational uses
of the land within the Township.
(3)
Independence Township Sewage Plan as now in effect
and/or as otherwise updated and recognizes the authority.
(4)
Pennsylvania Constitution, Title I, Section 27.
(5)
Municipal Waste Regulations, 25 Pa. Code, § 271
et seq., unless otherwise specified.
(6)
Pennsylvania Air Pollution Control Act, 35 P.S. § 4001
et seq.
(7)
Clean Air Amendment of 1977, 42 U.S.C. §§
7416 and 7422.
(8)
Safe Drinking Water Act, 1974 of Federal Regulations,
as amended, 1986.
It shall be unlawful for any person to permit
or cause to be permitted the spreading or disposition of sewage sludge
for any purpose on any lands within the limits of Independence Township
unless he holds a valid permit for such purpose or purposes as may
be required by DEP or any other administrative agency under the laws
of the Commonwealth of Pennsylvania and holds a valid site permit
and land application permit required and issued for a specific site
and person by the Independence Township Board of Supervisors under
this or any other ordinance of Independence Township.
A.
Eligibility for permit:
(1)
Site permits will only be issued to the legal owner
of the property to be used as a sludge disposal site. Land application
permits will only be issued to either the municipal waste treatment
facility or the transporter of sewage sludge.
(2)
No permit shall be issued hereunder unless the person
making application shall, if required, have first been issued a valid
permit by PA DEP.
A.
Proof of ownership of the property to be used as a
sludge disposal site.
B.
Evidence of a valid permit from DEP for the land application
of sewage sludge.
C.
Application shall be in writing in such form and number as required and shall be submitted to the Township Supervisors or their agent for approval. Concurrently a plan, prepared by an engineer or surveyor registered in the Commonwealth of Pennsylvania, including a topographic map, soil map, geology map and surface water map as indicated below shall be submitted (see Subsections D, E, F and I, respectively) and reviewed and approved by the Township Engineer.
D.
An application shall be accompanied by a topographic map on a scale in which one inch equals no more than 400 feet, on paper sized no greater than 22 inches by 36 inches showing the location [Subsection D(2)(a) through (k)] and necessary narrative descriptions for lands and data:
(1)
Boundaries and names of present owners of record of
land, both surface and subsurface, including easements, rights-of-way
and any other property interest, for the proposed permit area, adjacent
areas and adjoining properties.
(2)
Boundaries of the land where sewage sludge will be
applied, including all setback requirements. The following setback
requirements must be met. No site permits will be approved unless
the following setback requirements are met:
(a)
One hundred feet to an intermittent or perennial
stream.
(b)
Three hundred feet of water source.
(c)
One thousand feet upgradient of a surface water
source.
(d)
Twenty-five feet of a bedrock outcrop.
(e)
Fifty feet of a property line.
(f)
One hundred feet of a sinkhole or area draining
into a sinkhole.
(g)
Twenty-five feet of the perimeter of an undrained
depression.
(h)
One hundred feet of an important wetland.
(i)
Three hundred feet measured horizontally from
an occupied dwelling.
(j)
One-hundred-year floodplain.
(k)
A slope greater than 8%.
E.
Soils. A soil survey map, based on the recent Soil
Survey of Washington County, Pennsylvania, indicating the soil types
of the proposed permit area and adjacent areas with accompanying table
indicating each soils suitability for sludge application.
(1)
This map shall contain descriptions of the depth,
matrix, color, texture, structure, pH consistency, degree of mottling
and, if present, mottled colors and course fragment content for each
horizon of soil from the surface to bedrock.
(2)
In preparing the soil description, the applicant shall
use the United States Department of Agriculture Soil Classification
System.
(3)
No person or municipality may apply sewage sludge
to a site unless the site complies with the following: soils that
fall within the U.S. Department of Agriculture textural classes of
sandy loam, loam, sandy clay loam, silty clay loam or silt loam, soils
have a minimum depth from surface to bedrock of 20 inches and minimum
depth from surface to season high water table of 20 inches (Title
25, Pa. Code, § 275.312).
F.
Geology. A geologic map (scale no greater than one
feet equals 400 feet) based on the most recent U.S. Geological Survey
date for Independence Township, indicating the types of bedrock formations
underlying the proposed sludge application site. Any sinkholes or
other hazardous geological formations as well as all faults associated
with the proposed site shall be indicated on the site geologic map.
|
NOTE: Applications of sewage sludge will not
be permitted on a site that has a underlayment of carbonate rock formations
(limestone and/or dolomite).
|
G.
Soil analysis. An analysis of soil taken from the site where sewage sludge is to be spread detailing the nine metals listed in § 318-10F of this chapter. This analysis shall also include the PCB content and pH of the soil from the soil sample. Sample points must be indicated on the soil map. If the Township Engineer indicates, additional soil samples may be required. One soil sample consisting of a composite of core samples that is representative of each soil series in a field shall be submitted for analysis. The procedure for soil sampling shall be consistent with PA DEP guidelines (see Pa. Code, Title 25, Chapter 275, § 105, and PA DEP Interim Guidelines for use of Sewage Sludge for Agriculture Utilization, Appendix B, revised July 5, 1994).
H.
Groundwater. Sewage sludge shall not contaminate an
aquifer. Results of a groundwater monitoring program developed by
a qualified groundwater scientist or certification by a qualified
groundwater scientist shall be used to demonstrate that sewage sludge
does not contaminate an aquifer.
(1)
A site permit application shall be accompanied by
a groundwater monitoring plan developed or certified by a qualified
groundwater scientist.
(2)
The groundwater monitoring plan shall provide a description
of the groundwater hydrology of the proposed permit area, as well
as all the lands adjacent to this area within the same property boundaries
and the lands of all adjoining properties. The description shall include:
(a)
The depth to regional groundwater table.
(b)
The depth to seasonal high water table as indicated
by the presence of soil mottling or as altered by drainage devices
installed under an approved soil conservation plan.
(c)
A description of the use or uses of the groundwater
from the aquifer underlying the proposed permit area.
(d)
A description of groundwater quality and groundwater
contamination based on monitoring of groundwater test wells located
within the boundaries of a proposed permit area or not greater than
1/2 mile from the nearest boundary of the proposed permit area. All
test wells shall be in the same aquifer as that of the proposed permit
area. An operation map showing the location of groundwater monitoring
devices that are proposed for the facility shall be included. Existing
wells, including household wells, may serve as test wells if approved
by the Township Engineer in his review of the applicant's groundwater
monitoring plan. Groundwater samples from these test wells shall be
obtained by a professional groundwater scientist using methods approved
by the Township Engineer and defined in the applicant's groundwater
monitoring plan, these groundwater samples shall be analyzed for toxic
inorganic and organic chemicals and fecal coliform bacteria. The quality
of these groundwater samples shall meet all current standards for
these chemicals and bacteria as set forth in the Safe Drinking Water
Act of 1974 and any subsequent revision and/or amendments to this
Act. Applications of sewage sludge will not be permitted on a site
for which the required groundwater analysis fails to meet all of the
safe drinking water standards.
(e)
Where applicable, all dates on groundwater samples
from wells contaminated with nitrates and/or bacteria reported in
the 1992 Update to the Township's Act 537 Plan shall be included with
the water quality date for the proposed site permit area. Application
of sewage sludge will not be permitted on a site that is within a
one-half-mile diameter circle around any well having a nitrate content
equal to or greater than 5.0 mg per liter.
(f)
Any information not included in the Groundwater
Monitoring Plan and deemed necessary to determine whether or not a
proposed sewage sludge permit area poses a threat to the Township's
groundwater resources may be requested by the Township or its agent.
(g)
The groundwater monitoring plan for the proposed
permit area shall be reviewed and approved by the Township Engineer
in order to be accepted as part of the site permit application. Sewage
sludge shall not be permitted to be applied to a site that is characterized
as unsuitable by the Township Engineer on the basis of information
in the groundwater monitoring plan.
I.
Surface water. Surface water map: An application shall
contain a description and map of the surface waters in the proposed
permit area and adjacent area including the following:
(1)
The location of watershed which will receive water
discharge.
(2)
The location of surface water bodies such as streams,
lakes, ponds, springs, and seeps.
(3)
The location of water discharge into surface bodies
of water.
(4)
Descriptions of surface drainage systems within the
proposed permit area and adjacent areas.
J.
Erosion control. A plan acceptable to the Township
and/or its agent to manage surface water and control erosion that
will contain the sewage sludge within the permitted area.
K.
Source of sludge. Applicant must list all possible
sewage treatment facilities that may utilize the site.
L.
Fee. A nonrefundable administrative fee sufficient
to cover all Township expenses necessary to process the application
shall be paid by the applicant. An escrow fee which will be utilized
to pay for the review by the Township Engineer shall be established
and adjusted as necessary. Monies not utilized in this escrow account
will be refunded to the applicant. Fees to be established and adjusted
as necessary by the Board of Supervisors by resolution.
M.
Certification. The applicant shall certify by letter
that all appropriate rules requirements and regulations of the Code
of Federal Regulations, Chapter I of Title 40, as amended by Part
503 and Pa. Code, Title 25, Chapter 275, for the Land Application
of Sewage Sludge, not specifically addressed in this chapter have
been complied with.
A.
Permit shall be renewed only for the permitted site or sites described in a current valid permit as described in § 318-6.
B.
Application for the renewal of a permit shall be submitted
in writing on forms provided by the Township at least 45 days prior
to the expiration date of the current valid permit and shall include:
(1)
Certification that there are no changes to the support data and documents (§ 318-6A through I) for the original permit as described in § 318-6 of this chapter or if any changes have occurred, updated information shall be submitted as part of the application for renewal and reviewed by the Township Engineer.
(2)
Soil samples shall be collected no more than 60 days
prior to the date of the application for renewal of the permit.
A.
All applications for approval of a site permit or site permit renewal shall be acted upon by the Township Supervisors. The Township Supervisors shall render a decision or request additional information within 45 days after receipt of a complete application. A complete application shall consist of the following, with review and approval of the Township Engineer, § 318-6A through J.
B.
All permits or permit renewals shall be advertised
and approved at a public meeting of the Township Supervisors. Application
for permits shall be advertised at least seven days prior to approval,
but no more than 30 days.
C.
The property specified in the application shall be
posted with the intent and date of the hearing, at least one week
prior to the hearing, along public roads at intervals of 500 feet.
D.
Site permits and renewals shall be valid for a period
of one year from the date of Township approval.
E.
Permit fees shall be paid by the applicant in accordance
with a fee schedule adopted by the Township.
F.
The ownership of a site permit issued herein shall
not be transferable.
A.
It shall be unlawful for any person to dispose of
sewage sludge by land application within the limits of Independence
Township without a current and valid land application permit set forth
herein.
(1)
Every person that has the desire or intent to dispose
of sewage sludge by land application within the Township shall apply
for a land application permit. Application must be made not more than
45 days nor less than 10 days prior to the scheduled date that the
disposal of sewage sludge by land application will occur.
(2)
Application for a LAP shall be restricted to the municipal
waste treatment facility or its contracted hauler.
(3)
An application for a LAP shall be in writing on Township
approved forms and shall include the following information:
(a)
The name and address of the person applying
for the LAP;
(b)
The source of the sewage sludge (the municipal waste treatment facility). Verification that the facility has the technical capability to treat pathogens as required in § 318-10F(2)(d). A LAP shall be restricted to a single waste treatment facility and shall contain a certified list of all of the commercial and industrial businesses, medical facilities and government institutions that contribute to the sewage waste treated at the facility. Each of these businesses, medical and government institutions shall provide a list to accompany the LAP application that indicates the types of all known hazardous inorganic and organic chemicals and all known pathogens that they contribute to this sewage waste. This list shall include but not be limited to the following: polychlorinated biphenyls (PCBs), chlorinated pesticides and other chlorinated organic compounds, polynuclear aromatic hydrocarbons, heavy metals; antimony, arsenic, cadmium, chromium, copper, lead, mercury, nickel, selenium, thorium, uranium, vanadium, and zinc, bacteria, viruses, protozoa, parasitic worms, fungi, miscellaneous substances: flame retardants (asbestos), petroleum products, industrial solvents, herbicides. A history of all known violations by these businesses, medical facilities and government institutions of any federal and/or state statutes regulating the levels of these toxic chemicals and pathogens permitted in their waste stream shall be included on the list.
(c)
The name and address of the person holding the
current and valid site permit for the land application.
(4)
A road map detaining the route vehicles hauling sewage
sludge utilize. Township roads shall be identified. Estimated GVW
of vehicles shall be included.
(5)
A specified schedule of when the application will
occur (date and time). If schedule changes are made for the land application,
the Township must be notified of the change within 12 hours of the
date and time originally scheduled.
(6)
Certification and results of analyses showing that the sewage sludge meets the standards for heavy metals, pathogens, toxic chemicals, and radioactivity established in § 318-10F of this chapter, the tests conducted must be on samples drawn no more than 30 days prior to the application for a LAP.
(7)
Plan detailing the limits of the LAP within the site
permit area and showing location of markers that shall be posted prior
to and maintained for the duration of the land application of sewage
sludge on the site (Tile 25, Pa. Code, § 275.08).
(8)
The license number and description of all motor vehicles
used in the transportation of sewage sludge, including the valid York
County Solid Waste Authority license number.
(9)
Letter from the applicant certifying that all appropriate
rules, requirements and regulations of the Code of Federal Regulations,
Chapter I of Title 40, as amended by Part 503 and Pa. Code, Title
25, Chapter 275 for the Land Application of Sewage Sludge not specifically
addressed in this chapter have been complied with.
(10)
A nonrefundable fee must accompany the application.
This fee shall be established and adjusted by the Township Board of
Supervisors as necessary to ensure all Township administrative and
other expenses are covered.
The disposal of the sewage sludge by land application
shall comply with the following requirements and standards:
A.
No sewage sludge shall be deposited or spread on lands
so as to discharge into any lake, stream, pond, well or any other
waters as required by Title 25, Pa. Code.
B.
No sewage sludge shall be deposited or spread on land
where the location of such shall constitute an environmental or health
hazard.
C.
Any amount of sewage sludge shall be incorporated
into the land on which it is spread or deposited within 24 hours to
a depth of not less than three inches. For a no-till farmland, the
regulations for land application of sewage sludge listed in Title
25, Pa. Code, § 275.313 shall apply.
D.
No properties other than the permitted site shall
be exposed to sewage sludge by any means of conveyance including airborne
particles, water or vehicle.
E.
Any vehicle hauling sewage sludge in any form shall
be of such construction so as to prevent any part of the load from
spilling or leaking at all times. The operator of each vehicle must
have a current vehicle registration, vehicle safety inspection, YCSWA
license and a copy of the LAP and vehicle manifest for the contents
of that vehicle.
F.
Sewage sludge shall not be deposited on any land within
Independence Township if this sewage sludge and/or soil exceeds the
following criteria:
(1)
Maximum concentrations for heavy metals and PCBs,
per dry weight of sludge and soil;
|
Material
|
Sludge Content
(mg/kg Dry Weight)
|
Soil Content
(mg/kg Dry Weight)
| |
|---|---|---|---|
|
Arsenic (AS)
|
41
|
18
| |
|
Cadmium (CD)
|
25
|
13
| |
|
Chromium (CR)
|
1200
|
1338
| |
|
Copper (CU)
|
1500
|
669
| |
|
Lead (PB)
|
300
|
134
| |
|
Mercury (HG)
|
17
|
8
| |
|
Nickel (NI)
|
420
|
187
| |
|
Selenium (SE)
|
36
|
45
| |
|
Zinc (ZN)
|
2800
|
1249
| |
|
Molybdenum
|
18
| ||
|
Polychlorinated biphenyls (PCB)
|
Less than 0.2
|
0.01
|
(2)
Pathogens. All sewage sludge shall be treated to meet
the criteria for Class I, Alternative Four sewage sludge as defined
in DEP Interim Guidelines for the Use of Sewage Sludge for Agricultural
Utilization, revised July 5, 1994. These criteria are as follows:
(a)
Either the density of fecal coliform in the
sewage sludge shall be less than 1,000 most probable number per gram
of total solids (dry-weight basis), or the density of salmonella sp.
bacteria in the sewage sludge shall be less than three most probable
number per four grams of total solids (dry-weight basis) at the time
the sewage sludge is used or disposed.
(b)
The density of enteric viruses in the sewage
sludge shall be less than one plaque-forming unit per four grams of
total solids (dry-weight basis) at the time the sewage sludge is used
or disposed.
(c)
The density of viable helminth ova in the sewage
sludge shall be less than one per four grams of total solids (dry-weight
basis) at the time the sewage sludge is used or disposed.
|
Pathogens include but are not limited to the
following:
|
|
Organism
|
Disease/Symptom
| |
|---|---|---|
|
Bacteria
| ||
|
Salmonella SPP
|
Food poisoning, typhoid fever
| |
|
Shigella SPP
|
Bacillary dysentery
| |
|
Yersinia SPP
|
Acute gastroenteritis
| |
|
Vibrio cholerae
|
Cholera
| |
|
Campylobacter
|
Jejuni gastroenteritis
| |
|
Escherichia coli
|
Gastroenteritis
| |
|
Viruses
| ||
|
Polio
|
Poliomyelitis
| |
|
Coxsackie
|
Meningitis, pneumonia, hepatitis, fever, cold
| |
|
Echovirus
|
Meningitis, encephalitis, diarrhea
| |
|
Hepatitis A
|
Infectious hepatitis
| |
|
Rotavirus
|
Acute gastroenteritis
| |
|
Norwalk agents
|
Epdiemic gastroenteritis
| |
|
Reovirus
|
Respiratory infections, gastroenteritis
| |
|
Protozoa
| ||
|
Cryptosporidium
|
Gastroenteritis
| |
|
Entamoeba histolytica
|
Acute enteritis
| |
|
Giardia lambia
|
Giardiasis, diarrhea, cramps
| |
|
Balantidium coli
|
Diarrhea, dysentery
| |
|
Toxoplasma gondi
|
Toxoplasmosis
|
|
Helminth worms
|
Disease/Symptom
| |
|---|---|---|
|
Ascaris lumbricoides
|
Digestive and nutritional disturbance, vomiting
| |
|
Ascaris suum
|
Coughing, fever
| |
|
Trichuris trichiura
|
Diarrhea, anemia
| |
|
Toxocara canis
|
Fever, muscle aches
| |
|
Taenia saginata
|
Nervousness, insomnia
| |
|
Taenia solium
|
Nervousness, insomnia, anorexia
| |
|
Necator americanus
|
Hookworm
| |
|
Hymenolepis nana
|
Taensis
|
(d)
Sewage sludge shall be treated for pathogens
to meet Class I Alternative Four sewage sludge standards by using
at least one of the processes to significantly reduce pathogens (PSRP)
and at least one of the processes to further reduce pathogens (PFRP)
described in the Interim Guidelines for the Use of Sewage Sludge for
Agricultural Utilization, Appendix C, Revised July 5, 1994.
(3)
Toxic substances. The following toxic substances shall
not exceed DEP and/or EPA regulated limits for sewage sludge; whichever
is the most restrictive:
|
Polychlorinated biphenyl
| |
|
Chlorinated pesticides
| |
|
Chlorinated organic compounds
| |
|
Polynuclear aromatic hydrocarbons
| |
|
Petroleum products
| |
|
Industrial solvents
| |
|
Asbestos
|
(4)
Radioactive materials. Sewage sludge containing radioactive
waste from any source is prohibited in Independence Township. Beta
and gamma radiation emanating from sewage sludge shall not exceed
the natural background radiation levels of the Township as determined
by current standardized radiometric procedures carried out by a Township-approved
commercial laboratory.
G.
Soil pH shall be 6.5 or greater prior to the land
application and shall be maintained at 6.5 or greater for the life
of land application operations and for two additional years following
the last application of sludge to the site (Title 25, Pa. Code, § 275.312).
H.
No more than seven dry tons of sewage sludge meeting
all the criteria of this chapter shall be spread on one acre of land
for each LAP issued.
I.
Crop harvest restrictions for crops grown on sewage
sludge sites.
|
Crops Harvest Period Prohibited
| ||
|---|---|---|
|
Food crops (above soil)
|
24 months
| |
|
Food crops (below soil)
|
38 months
| |
|
Feed crops (after application)
|
30 days
| |
|
Animal grazing (after application)
|
60 days
| |
A.
Site permit. Prior to the site permit being issued,
the Township Supervisors or their agents shall inspect the premises
to determine whether the person that has applied for a site permit
has complied with all of the provisions of this chapter. Noncompliance
shall result in the denial of the permit.
B.
Land application permit.
(1)
A representative of the Township will randomly audit
the spreading of the sewage sludge to insure compliance with all provisions
of the LAP without prior notice to LAP applicant or the site permit
applicant.
(a)
Samples of the sewage sludge will be taken,
utilizing laboratory approved procedures, at random by the Township
agent to ensure that all standards have been met. Samples will be
submitted to a laboratory for analysis.
(2)
If it is determined by the Township that any of the
provisions of this chapter are being violated and cannot be rectified
on site, the spreading of the sewage sludge shall be stopped and the
LAP suspended until violations are corrected.
(3)
There will be a minimum of one audit per LAP with
records to be kept indefinitely by the Township.
A.
Notice of violation. Whenever the Independence Township
Supervisors or their agent determines that there has been a violation
of any provision of this chapter or any regulation adopted pursuant
thereto, such authority shall give notice of such alleged violation
to the person to whom the site permit or LAP was issued. Such notice
shall:
(1)
Be
in writing;
(2)
Include
a statement of the reasons for its issuance;
(3)
Allow
five days for the performance of any act it requires;
(4)
Be
served upon the owner or his agent as required by the laws of the
commonwealth; and
(5)
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this chapter or part thereof, and with the
regulations adopted pursuant thereto.
B.
Revocation. Upon failure of a holder of a site permit
or LAP to comply with the notice of violation and compliance order
provided herein, the Township shall revoke the site permit or LAP
and shall give an appropriate cease-and-desist order terminating the
disposition of sewage sludge within the Township.
C.
Appeal. The holder of a permit or certificate revoked
hereunder may appeal the revocation to a court of competent jurisdiction,
as in similar cases, provided the appeal is made within 30 days after
the date of the order of revocation.
D.
Violations and penalties. Any person who violates
or permits a violation of this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township
before a Magisterial District Judge, pay a fine of not more than $600,
plus all court costs, including, but not limited to, reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter.
No judgment shall be imposed until the date of the determination of
the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith. All fines and penalties collected for the violation of this
chapter shall be paid to the Township Treasurer.[1]
A.
Administration. The provisions of this chapter shall
be administered by the Independence Township Board of Supervisors
or their duly authorized representatives.
B.
Duties.
(1)
To review and process all applications for sewage
sludge disposal site permits and LAPs and to establish and collect
all fees for said applications.
(2)
To indefinitely keep records of the findings, discussions,
recommendations and actions taken upon or in respect to all sewage
sludge disposal within the Township.
(3)
To enforce the provisions herein.
This chapter shall be effective the day and
year it is passed and shall apply to all current existing permits
issued or authorized by PA DEP for the land application of sewage
sludge in Independence Township. Any land application of sewage sludge
in process on the day and date this chapter is passed must be completed
in 30 days. All future land application of sewage sludge must comply
with all provisions of this chapter.
