[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:
BOROUGH
Whenever used in this article, the term "Borough" shall mean the Borough of Trappe.
DISPOSAL
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]
[1]
Editor's Note: Current Fee Schedule is on file in the Borough offices.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.