[HISTORY: Adopted by the Board of Supervisors of the Township of
Palmer 6-26-1984 as Ord. No. 205. Amendments noted where applicable.]
A.
Other words and phrases shall be given their usual and
ordinary meaning.
B.
DER
DISPOSAL
SEPTAGE
SEWAGE SLUDGE
TOWNSHIP
The following words and phrases shall be defined as follows
in the context of this ordinance:
The Department of Environmental Resources of the Commonwealth of
Pennsylvania.
The discharge, deposit, spreading, injection, dumping, spilling,
leaking, storing or placing of any sewage sludge or other similar waste material
from municipal sewage treatment plants in any mode or manner into or on any
land in the township, provided that the spreading of manure generated from
conventional agricultural activities or normal farming operations and/or mushroom
compost on cropland or farmland for agricultural purposes shall not be included
within this term, and such activity shall not be regulated by this ordinance.
All and any waste material being stored in or pumped from private
residential systems.
As defined in Chapter 75, Page 3, of the Pennsylvania Department
of Environmental Resources Solid Waste Management Rules and Regulations, i.e.,
"the coarse screenings, grit and dewatered or air-dried sludges, septic tanks
and holding tank pumping and other residues from sewage collection and treatment
systems which require disposal," including but not limited to digested plant
sludge from a legally operating sewage treatment plant/facility which any
person or entity seeks to dispose of, as defined above, on or in any lands
of the township.
The Township of Palmer (Northampton County, Pennsylvania).
The purpose of this ordinance is as follows:
A.
To provide for the protection and preservation of natural
resources and agricultural land and activities in the township.
B.
To protect and promote the health, cleanliness, comfort
and safety of the citizens of the township.
D.
To permit, in certain limited circumstances, in accordance
with standard agricultural practices and specifically incidental to agricultural
activities and in accordance with the rules and regulations of this ordinance
and DER, the storage, disposal and land surface application of certain sewage
sludge from municipal sewage treatment plants.
This ordinance is enacted pursuant to the following authority:
A.
The sections of the Second Class Township Code (Act of
May 1, 1933, P.L. 103 et seq., as amended) authorizing the township to enact
ordinances dealing with the protection of the health of township residents,
refuse materials, nuisances and public safety, as codified in Volume 53 of
Purdon's Pennsylvania Statutes Annotated of the Commonwealth of Pennsylvania
at Sections 65708, 65712, 65729 and 65747, as amended.
B.
The applicable provisions of the Pennsylvania Solid Waste
Management Act (Act of July 7, 1980, P.L. 380 et seq., as amended) codified
in Volume 35 of Purdon's Pennsylvania Statutes Annotated of the Commonwealth
of Pennsylvania at Section 6018.101 et seq., as amended.
C.
The applicable provisions of the Pennsylvania Municipalities
Planning Code dealing with zoning ordinance regulations, codified in Volume
53 of Purdon's Pennsylvania Statutes Annotated of the Commonwealth of Pennsylvania
at Sections 10601 and 10603, as amended.
Any person, association, company or entity desiring to store or dispose
sewage sludge in or on any land or property within the township shall first
submit an application to the township, as prepared and certified by a registered
engineer, as follows:
A.
The request for the agricultural utilization of the sewage
sludge shall be reviewed and permitted only as a conditional use, the same
to be submitted to the Palmer Township Planning Commission for initial review.
The Planning Commission, in accordance with the standards and regulations
set forth herein, shall review the same and make written recommendations to
the Township Board of Supervisors within 30 days after receipt of the application.
B.
The Township Board of Supervisors shall, within 60 days
after the date of receipt of the application, render a final decision on the
application in accordance with the standards and regulations set forth herein
and after review of the recommendations of the Township Planning Commission.
The final decision by the Board of Supervisors shall be either to approve
the application as presented, disapprove the application as presented or approve
the application subject to specific conditions, the failure to comply with
which by the applicant to be grounds for revocation of such approval. As part
of the review process, the Township Board of Supervisors may, in its discretion,
schedule a public hearing pursuant to public notice for the purposes of reviewing
the said application and receiving the comments of the public.
C.
Any application for the storage or disposal of sewage
sludge shall be joined into by the owner of the property upon which the sludge
is to be deposited. In addition, the application shall include a copy of all
and any agreements between the generator of the sewage sludge, the hauler
of the sewage sludge, the applicator of the sewage sludge and the landowner
of the property upon which the sewage sludge is to be deposited, setting forth
full details of the contractual relationship among them. Information, records
and reports as to the reliability and responsibility of the generator of the
sewage sludge, the hauler of the sewage sludge, the applicator of the sewage
sludge and the landowner upon whose property the sewage sludge is to be deposited
may be required by the Planning Commission and the Board of Supervisors of
the township to assist them in carrying out the purpose, spirit and intent
of this ordinance.
D.
A minimum, nonrefundable fee in the amount of $500 shall
accompany all such applications. Said application fee shall be used to offset
all township costs, including engineering fees in processing the application.
In the event that the said costs exceed the minimum, the applicant shall pay
such additional fees as the additional costs require immediately upon notification
by the township.
E.
In addition, a minimum, nonrefundable fee of $200 per
month shall be paid by the applicant for each month that the sewage sludge
disposal operation is in effect to offset the township costs in monitoring
the said operation.
F.
Each site proposed for the storage or disposal of sewage
sludge shall require a separate application.
G.
The proposed application shall include all of the necessary
information set forth below to assist in the Township Planning Commission
and the Township Board of Supervisors and DER to review the said application,
together with the required fee. The said application shall be submitted to
the Township Secretary at the Township Municipal Building at 3245 Freemansburg
Avenue, Palmer Township, Northampton County, Pennsylvania. The Secretary immediately
shall forward the said application to the Township Engineer who shall review
the same upon receipt. If the said application does not contain all of the
required information and/or the required fee, the Township Engineer, immediately
shall notify the applicant in writing of the additional information and/or
fee required. The thirty-day period for review by the Township Planning Commission
and/or the sixty-day period for review by the Township Board of Supervisors
shall not commence until the applicant has supplied the township with all
of the required information and/or all of the required fee.
H.
The application to the township shall contain the following
information:
(1)
A copy of the application submitted to DER, together
with copies of any and all other materials, documents, drawings or other information
submitted to the said DER.
(2)
A description in narrative form of the proposed application
program, including the sources of the sewage sludge, the method of transportation
to the site, a timetable for application, a description of any storage operation,
the proposed utilization rate, the total acreage involved and the useful life
of the proposed site.
(3)
A topographical drawing to a scale no greater than one
inch to 200 feet showing:
(a)
The location of the site relative to public roads.
(b)
Identity of owners of adjacent properties.
(c)
Boundaries of the area to be used for land application.
(d)
Location of public and private water supplies, wells,
springs, streams, swamps and other bodies of water within 1/4 of one mile
of the boundaries of the proposed land application site.
(e)
Soil classifications of the land application area.
(f)
Vegetation.
(4)
A soil and geologic report indicating the physical characteristics
of the site with respect to its suitability for the application of sewage
sludge. This report shall be based on available soil survey and geological
data and be accompanied by a field test analysis. The said field test analysis
shall include the following:
(a)
Soil borings by a soil scientist to confirm that actual
soil profit characteristics are consistent with published survey soil data.
(b)
Groundwater monitoring wells shall be established to
test water quality prior to, during and after the application program. Groundwater
composition shall be included in the application, along with subsequent quarterly
monitoring during the application program. The locations of the monitoring
wells shall be approved by the Township Engineer prior to drilling. In the
event that groundwater is found to flow in several directions, a monitor well
for each direction shall be required.
(5)
A chemical analysis of the sewage sludge from each proposed
source. The analysis shall be done by an independent laboratory approved by
the township and shall involve a minimum of four samples. The analysis shall
include the following items:
(a)
Total moisture content.
(b)
Percent of total nitrogen (wet and dry weight).
(c)
Percent ammonia nitrogen (wet and dry weight).
(d)
Percent organic nitrogen (wet and dry weight).
(e)
Biochemical oxygen demand.
(f)
pH.
(g)
Percent on a dry-weight basis of cyanide, sodium, cadmium,
zinc, copper, nickel, lead, chromium, mercury, molybdenum and other toxic
substances and enteric pathogens.
The standards and regulations for the storage, disposal and application
of sewage sludge in and to the land in the township shall be in accordance
with all existing standards and regulations of DER, as set forth in Chapter
75, Title 25, Rules and Regulations, Department of Environmental Resources,
except that the following additional standards and regulations shall be imposed:
A.
No site shall be approved for the storage, application
or disposal of sewage sludge which is less than 20 contiguous acres in size.
A plot consisting of 20 acres, divided by a public road, is not to be construed
as a single site.
B.
Sewage sludge shall not be stored, applied or disposed
of within 250 feet of any stream, 500 feet of any water supply, 100 feet of
any property lines and 300 feet of any occupied dwellings.
C.
No storage, application or disposal of sewage sludge
shall take place on any slope exceeding 12%.
D.
No sewage sludge shall be stored, applied or disposed
of that is not generated by a public sewage treatment facility within the
political subdivision known as "Northampton County, Pennsylvania." The storage,
application or disposal of septage is strictly prohibited.
E.
All sites to be considered for sewage sludge storage,
application and disposal shall have direct access by improved public roads
of concrete or macadam of a minimum of 24 feet in width. Access to the site,
itself, must be provided by a mud-free driveway of concrete or macadam. In
the event that access to the proposed site is by a nonimproved road and/or
a nonimproved driveway, the township shall require that the application bear
the sole cost of upgrading the road and driveway to meet all township standards
of a public road or driveway in order to accommodate the number and weight
of trucks anticipated to the site. The cost to be imposed on the application
on such event shall include, if necessary, the acquisition of rights-of-way
and improvements thereof.
F.
Each load of sewage sludge shall be accompanied by a
manifest showing the amount of the sludge as well as its origin and destination.
G.
All applicants must maintain full and complete records
on each separate application, the same to be submitted to the township upon
request. The records so involved shall include the quantities, dates and locations
of the sewage sludge application, the origin of the same and the delivery
of the same.
H.
The proposed operation shall not create a nuisance in
the township or otherwise impose a hardship on adjoining property owners or
the township in general.
I.
All operations shall be strictly in conformity and compliance
with the requirements of this ordinance, DER and all and any other governmental
regulatory agencies.
J.
Chemical analysis and laboratory testing of the sewage
sludge from each source may be required by the township, at the sole and exclusive
cost of the applicant, by an independent laboratory selected or approved by
the Township Board of Supervisors to ensure that the sewage sludge content
remains within the limits established by DER and the regulations of this ordinance
and shall include a minimum of four samples a year as part of the monitoring
process. The sewage sludge analysis shall show recommended rates and lifetime
loading. The soil shall be monitored annually during the operation of the
sewage sludge disposal site, at the sole and exclusive cost of the applicant,
to determine the level of metal accumulation.
K.
Sewage sludge so applied to the land shall be injected
under the surface of the soil or, if spread on the surface, shall be plowed
under within 24 hours after so spreading.
L.
Any ponding or standing accumulations of said sewage
sludge material is expressly prohibited.
M.
The said sewage sludge materials are to be applied in
quantities which will result in no runoff, spreading, vector or odor problem.
In addition, said materials are not to be applied in quantities which will
result in surface or ground water contamination or pollution.
N.
The sewage sludge material is not to be applied when
the ground is saturated, snow-covered, frozen or during periods of rain.
O.
The storage of sewage sludge is subject to all of the
foregoing standards and regulations together with the following:
(1)
Sewage sludge storage facilities shall be designed and
constructed in accordance with the prevailing standards and regulations of
DER. No storage site or facility may have a capacity greater than 50,000 gallons
of liquid sludge.
(2)
All sewage sludge storage facilities must be located
underground, be lined and covered with an impervious, waterproof, leakproof
material and must be enclosed by a fence having a minimum height of 10 feet,
so designed as to prevent trespassing. Entrance and exit gates shall be located
at all times during non-use.
(3)
A delivery schedule shall be submitted to the township
prior to the issuance of a permit, indicating the number of deliveries and
type of trucks to be used. All deliveries shall occur on Monday through Friday,
from 9:00 a.m. to 5:00 p.m.
(4)
A groundwater monitoring system shall be required to
test water quality during the storage process. The location of the monitoring
wells shall be approved by the Township Engineer prior to drilling. If groundwater
is found to flow in several directions, a monitor well shall be required for
each direction of flow.
(5)
An applicant who has obtained approval from the township
to utilize a sewage sludge storage facility, may store a quantity of sludge
equivalent to one day's usage, provided that, at the expiration of 24 hours
from the commencement of the storage, the said sewage sludge must either be
applied or removed from the property.
(6)
All storage facilities must be set back at least 100
feet from all public roads.
(7)
A maximum of two storage tanks shall be permitted per
site.
In order to assure that the applicant complies with the standards and
regulations set forth herein, with DER and any other governmental regulatory
body and for the protection of the township in the storage, application and
disposal of sewage sludge, the applicant shall present the township with the
following bonds:
A.
Performance bond. The applicant shall assure the township,
by means of a corporate bond, with surety, or the deposit of cash or securities
in escrow sufficient to cover the cost, as estimated by Township Engineer,
of performing the various tests and duties imposed upon him by the ordinance
over the expected useful life of the site plus five years. The bond shall
be furnished under such conditions and form and with such surety as shall
be approved by the Township Solicitor to guarantee and secure that all such
tests and duties are fully and adequately performed and are paid for by the
applicant and that the township shall, in no event, be held liable for the
costs of any such duties or tests. If cash or securities are deposited in
lieu of a bond, the said deposit is to be made pursuant to an escrow agreement
prepared by the Township Solicitor and approved by the Township Board of Supervisors.
The escrow agent for the deposit of such cash or securities shall be located
in Palmer Township (Northampton County, Pennsylvania) and shall be approved
by the Township Board of Supervisors.
B.
Improvement bond. The applicant shall assure the township
by means of a corporate bond, with surety, or the deposit of cash or securities
in escrow sufficient to cover the costs, as estimated by the Township Engineer,
of making and maintaining the necessary improvements incidental to the sewage
sludge site. The bond shall be furnished under such conditions and form and
with such surety as shall be approved by the Township Solicitor to guarantee
and secure that all improvements are made and maintained and are paid for
by the applicant and that the township shall, in no event, be held liable
for the costs of any such improvements. In the event that cash or securities
are deposited in lieu of a bond, the said deposit is to be made pursuant to
an escrow agreement prepared by the Township Solicitor and approved by the
Township Board of Supervisors. The escrow agent for the deposit of such cash
or securities shall be located in Palmer Township (Northampton County, Pennsylvania)
and shall be approved by the Township Board of Supervisors.
C.
Indemnification. In addition to the foregoing requirements,
all applicants for permits to store or utilize sewage sludge upon property
within the township shall, prior to the issuance of any permit for sludge
application and/or storage, deliver to the township a liability indemnification
agreement with bond for the useful life of the proposed site for five years
on a form prepared by the Township Solicitor and approved by the Township
Board of Supervisors, pursuant to the terms of which the applicant, individually
and with surety on the said bond, specifically agrees to fully indemnify and
hold the township harmless and all its officers, agents and employees from
any and all liability, expenses or damages whatsoever and all litigation defense
costs accruing to any of the same as a result of any use of any land in the
township pursuant to a permit issued in accordance with this ordinance. The
amount of the indemnification agreement and bond shall be set by the Township
Engineer and Township Solicitor and approved by the Township Board of Supervisors
and shall be at least equal to the costs of removal and/or cleanup of any
sewage sludge site and any engineering or legal fees pertaining thereto plus
15% per year for the useful life of the site, plus five years.
D.
Liability insurance. The Township Board of Supervisors
shall require the applicant to submit to the township an insurance policy
covering liability for all and any harm to persons and/or properties resulting
from the aforesaid activities of sewage sludge storage, disposal and/or application.
Said insurance policy shall be in full force and effect for the entire duration
of the above operations and for at least two years following the termination
of the said operations. The amount of the said insurance coverage shall be
recommended by the Township Solicitor and Township Engineer and shall be approved
by the Township Board of Supervisors based on the said recommendations and
their judgment as to the potential for such harm or damage.
A.
This ordinance and any provisions thereof shall be enforceable
in any proceedings, whether at law or at equity, and these remedies shall
be in addition to the criminal penalties hereinafter set forth.
B.
The Township Engineer shall be charged with the enforcement
of this ordinance. Such authorization notwithstanding, any police officer
or a majority of the Township Board of Supervisors shall be able to enforce
this ordinance and/or institute proceedings, civilly or criminally, to enforce
the provisions of this ordinance.
C.
If the township officials outlined in the preceding subsection
receive information by personal observation or from any reliable source of
a violation of any provisions of this ordinance, the aforesaid officials shall
be authorized to file a private criminal complaint with the local District
Justice to enforce this ordinance. However, any township police officer, while
on duty and acting in his official capacity, shall be permitted to file a
citation or utilize any other lawful procedure available to him as a law enforcement
officer.
D.
Violations and penalties.
[Amended 10-25-1988 by Ord.
No. 227]
(1)
Any person, association, proprietorship, partnership,
corporation (whether for profit or not) or any other entity which violates
any provision of this ordinance shall, upon conviction, be sentenced to pay
a fine of not more than $600, plus the costs of prosecution, and, in default
thereof, undergo imprisonment for not more than 30 days.
(2)
Each day of violation of the particular code or ordinance
applicable shall be considered a separate offense, for which the fines and
penalties stated herein may be imposed on a daily basis.
E.
The owner of the property upon which the sewage sludge
is being stored or disposed of, the hauler of the sewage sludge, the applicator
of the sewage sludge and/or the lessee or tenant of the premises upon which
the sewage sludge is stored or disposed of may be liable, in criminal or civil
proceedings as aforesaid, for each and every violation of all or any of the
provisions of this ordinance.
This ordinance shall become effective five days after its adoption.
The provisions of this ordinance shall be severable and if any other
provision shall be held to be unconstitutional, illegal, invalid or preempted
by any law, such a determination made by a court of law and of record shall
not affect the validity of any of the remaining provisions of this ordinance.
All ordinances or parts of ordinances conflicting or inconsistent herewith
are hereby repealed.
Nothing in this ordinance shall be construed so as to supersede or set
aside any lawful requirement, rule or regulation imposed by the Pennsylvania
Department of Environmental Resources.
