[Adopted 4-1-1986 by Ord. No. 231 (Part
5, Ch. 6, Art. B, of the 1987 Code)]
A.
The Borough desires to protect and preserve the natural
resources and agricultural land and activities of the Borough, and
to protect and promote the health, cleanliness, comfort and safety
of its citizens, and to avoid polluting of surface and subsurface
water supplies; and
B.
The Borough desires to permit, in certain limited
circumstances as set out in this article, the land surface application
of sludge and/or waste products in the Borough without contributing
to the degradation, contamination, and pollution of the natural resources,
particularly groundwater supply; and
C.
The Borough believes that to protect and preserve
the natural resources and agricultural lands and activities of the
Borough, to assure that the health, safety and welfare of its citizens
are protected, it should monitor any and all activities concerning
the disposal of sludge and/or waste products in the Borough.
As used in this article, the following terms
shall have the meanings indicated:
Whenever used in this article, the term "Borough" shall mean
the Borough of Trappe.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any waste, including sewage sludge from municipal or
private treatment plant or pumpings from a private residential septic
system, as well as other waste products, including but not limited
to wood fiber wastes, into or on any land of the Borough, provided
that the spreading of poultry and livestock manure generated from
conventional agricultural activities on cropland or farmland for agricultural
purposes shall not be included within this term and such activities
shall not be regulated by this article.
Any person, association, company or entity wishing
to apply, dispose, spread or deposit municipal or private sewage sludge
or private residential septic tank pumpings or any other waste, including
but not limited to wood fiber waste, on any lands or property within
the Borough shall first submit an application to the Borough containing
the following information:
A.
A copy of its application to the Department of Environmental
Protection (DEP) for a permit.
B.
Copies of any and all materials, documents or drawing
submitted with such application to DEP.
C.
A description of the proposed application program,
including the sources of the sludge and waste and how it is to be
transported to the site, a timetable for application, description
of any storage operations, proposed utilization rate, the total acreage
involved, the useful life of the proposed site.
D.
Soil classifications of the land application area.
E.
Vegetation.
F.
Chemical analysis of the proposed sewage sludge and/or
waste to be disposed of.
G.
Any and all soils and geologic reports and/or documents
submitted to the Department of Environmental Protection or any other
governmental agency indicating the physical characteristics of the
site with respect to its suitability for application of the sludge
and/or waste. The report shall be based on available soil survey and
geologic data, and by field test analysis. In the event that such
report and/or documentation is not available, or has not been required
by the Department of Environmental Protection or any other governmental
agency, the applicant shall submit that report and documentation,
in any event, to the Borough, and the report shall be based on the
available soil survey, geologic data, and soil test analysis. Field
tests shall include soil borings by a soil scientist and confirm that
the actual soil profile characteristics are consistent with the published
soil survey data.
H.
The applicant shall provide copies of any and all
chemical analysis of the sludge and/or waste from each proposed source
as required by the Department of Environmental Protection or any other
governmental agency. That analysis shall be supplied at the same time
that the analysis is supplied to the DEP or other governmental agency.
In the event that a chemical analysis of the sludge and/or waste is
not required to be supplied to the DEP or other governmental agency,
the applicant shall provide an analysis done by an independent laboratory
approved by the Borough, involving a minimum of four samples, and
including the following items:
(1)
Total moisture content.
(2)
Percent of total nitrogen (wet and dry weight).
(3)
Percent ammonia nitrogen (wet and dry weight).
(4)
Percent organic nitrogen (wet and dry weight).
(5)
Biochemical oxygen demand.
(6)
pH.
(7)
Percent on a dry weight basis of cyanide, sodium,
cadmium, zinc, copper, nickel, lead, chromium, mercury, molybdenum
and other toxic substances and enteric pathogens.
I.
The applicant shall supply all necessary data, including
topographic studies and plans for the property in question to assure
that any and all waste that is disposed on a given property or dispersed
in accordance with the appropriate governmental permit from the DEP
is contained on that subject property.
J.
There shall be an application fee accompanying the
application in a minimum nonrefundable amount as shall be set by resolution
of the Borough Council from time to time.[1] The application fee shall be used to offset all Borough
costs, including Borough engineering fees. To the extent that those
Borough costs exceed the application fees, applicant shall pay, as
an additional application fee, the additional costs incurred upon
presentation of the statements by the Borough to the applicant.[2]
K.
Within 90 days after receipt of the application and
the appropriate application fee, Council shall approve or disapprove
the disposal of waste within the Borough, as per the application.
If approval is granted, Council shall in writing set forth the terms
and conditions upon which the disposal of waste is allowed. If the
application is disapproved, Council shall in writing set forth the
reasons for the disapproval.
A.
The standards for application of sludge and/or waste
to the land shall be in accordance with such standards as required
by the Pennsylvania Department of Environmental Protection, or other
governmental agency.
B.
The applicant shall construct appropriate containment
basins, channels, or the like as determined by the Borough engineer
to assure that all waste disposed is contained on the property where
the waste is to be disposed in accordance with the permit issued.
Where necessary, the applicant shall plant shrubs or construct such
barriers as to assure that the disposal is contained on that property
and that the disposal does not reach adjacent properties, particularly
as a result of stormwater drainage and runoffs.
C.
The purpose of this article is to monitor and assure
compliance with the aforesaid standards. Accordingly, if the applicant
fails to provide the documentation required with reference to its
application, as well as the ongoing reports, the applicant shall not
have the right to discharge, deposit, inject, dump, spill, leak, store,
or place sewage sludge or any other waste within the Borough and any
and all activities concerning the same shall cease and desist forthwith
upon notice by the Sewage Enforcement Officer of the Borough until
the applicant can demonstrate full compliance with the provisions
of this article, and that the applicant has met and can meet the standards
for application of sludge and/or waste in accordance with the standards
of the Pennsylvania Department of Environmental Protection or such
other governmental agency.
D.
There shall be no disposal or storage of any hazardous
waste as defined by the Department of Environmental Protection or
the Environmental Protection Agency within the Borough.
A.
Failure to secure an application in accordance with
the provisions of this article shall be a violation of this article.
B.
For any and every violation of the provisions of this
article, the owner, agent, or any party, directly or indirectly violating
this article, shall be liable on conviction to a fine not exceeding
$300 for each and every offense and, in default of payment of fine
and costs, to imprisonment in Montgomery County Prison for not more
than 30 days.
C.
Each day that the violation continues shall constitute
a separate offense punishable by a like fine or imprisonment.
D.
In case there is disposal of sewage sludge and any
other waste within the Borough in violation of this article, in addition
to other remedies provided by law, any appropriate action or proceeding,
whether in law or in equity, or otherwise, may be instituted or taken
to prevent such unlawful disposal of sewage sludge or any other waste
in violation of the provisions of this article.
Nothing in this article shall be construed so
as to supersede or set aside any lawful requirement imposed by the
Pennsylvania Department of Environmental Protection.
