[Ord. 98-2, 8/10/1998, § 1]
This Part shall be known and may be cited as the Smith Township "Biosolid and Biosolid By-Products Land Application Ordinance."
[Ord. 98-2, 8/10/1998, § 2]
The purposes of this Part are to:
A.
Ensure the safe and effective management of the application of sewage sludge and biosolid by-products on land situated within the Township.
B.
Establish a program of regulation over land application of sewage sludge and biosolid by-products, on land situated within the Township.
C.
Implement the Solid Waste Management Act and the applicable municipal waste regulations as promulgated by the Department of Environmental Protection within the Township.
D.
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 not limited to heavy metals, pathogens, radioactivity and toxic and carcinogenic chemicals as provided by § 503.5 of Subchapter 0, Chapter I of Title 40, Code of Federal Regulations.
E.
Seek to preserve the surface waters and aquifers that contribute to a healthy environment and to seek to preserve the natural and wildlife environmental quality of all land and its flora and fauna within the Township.
F.
Seek to preserve and protect agriculture and agriculture related activities and to seek to preserve a productive land base and climate for future generations.
G.
In the case of strip mining reclamation application of sludge and related biosolid matter applied only after the state mandated reclamation has been completed, and all bonds released.
[Ord. 98-2, 8/10/1998, § 3]
Interpretation or implementation of this Part shall give priority to the purposes stated in § 502 over such considerations as economics, efficiency and scheduling factors.
[Ord. 98-2, 8/10/1998, § 4]
For the purpose of this Part, the following words shall have the following meanings:
The restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person.
Lands that abut a sewage sludge site within the boundaries of the property on which the site is located.
LAND APPLICATION/PERMIT APPLICANTThe transporter (hauler) of sewage sludge and sewage sludge by-products.
SITE PERMIT APPLICANTThe owner of an agricultural property that is a DEP permitted disposal site in Smith Township, if strip mining reclamation only of the state-mandated reclamation has been completed and all bonds released.
The commonwealth and its departments, boards, commissions and agencies, commonwealth owned universities and the State Public School Building Authority, the State Highway and Bridge Authority and any other authority now in existence or hereafter created or organized by the commonwealth.
The Department of Environmental Protection of the commonwealth and its authorized representatives.
The Environmental Protection Agency of the Federal Government and its authorized representatives.
Preapplication inspection and post application surveillance and reporting on land applications of sewage sludge below land surface or the incorporation of sewage sludge into the soil.
Counties, cities, boroughs, towns, townships, school districts and any other authority now in existence or hereafter created or organized by the commonwealth.
All municipal or school or other authorities now in existence or hereafter created or organized by any county, city, borough, township or school district or any combination thereof.
Any and all other public bodies, authorities, councils or government, officers, agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.
The entire process, or any part thereof, of transportation ad land application of sewage sludge by any person engaging in such process.
A person engaged in the land application of sewage sludge. Where more than one person is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this Part.
The Biosolid Land Application Ordinance of Smith Township.
Pathogenic organisms or disease causing organisms that include, but are not limited to, certain bacteria, protozoa, viruses and viable hemith ova.
LAND APPLICATION PERMITAuthorization to deposit sewage sludge or sewage sludge by-products on agricultural lands in Smith Township.
SITE PERMITDocument which confirms that the proposed site meets all federal, state and local regulations pertaining to land application of sewage sludge.
Any individual, partnership, corporation, association, institution or cooperative enterprise. In any provisions of this Part prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
Contamination of any air, water, land or other natural resources of Smith Township that will create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
Any commonwealth agency or local public agency.
All sampling and analysis required by this Part shall be performed by a DEP certified commercial laboratory whose work is approved by Smith Township and DEP approved independent of applicator.
Solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage scum or solids removed in primary, secondary or advanced wastewater treatment processes, and material derived from sewage sludge. Sewage sludge to include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.
DOMESTIC SEWAGE SLUDGEWaste and wastewater from humans or household operations that is discharged to or otherwise enters treatment works.
GRITSand, gravel, cinders or other materials of high specific gravity.
INDUSTRIAL WASTEWATERWastewater generated in a commercial or industrial process.
SCREENINGSRelatively large materials such as rags generated during preliminary treatment of domestic sewage in a treatment works.
The sewage treatment residue 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. |
The deposition, injection, dumping, spilling, leaking or placing of solid waste on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth.
Any waste including, but not limited to, municipal residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. The term does include coal ash and drill cuttings.
Smith Township and/or Smith Township Board of Supervisors or its agent.
The transportation of sewage sludge along the roadways situated in Smith Township.
Site or location of well, spring or water supply stream intake which is used for human and animal consumption (25 Pa. Code § 271.1).
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine. |
[Ord. 98-2, 8/10/1998, § 5]
This Part 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:
A.
The provisions of the Second Class Township Code Article VII, as codified in 53 P.S. § 65701 et seq., authorizing the Township to enact ordinances dealing with the protection of the Township residents' health, regulation of refuse material and nuisances and promotion of public safety.
B.
The provisions of the Second Class Township Code Article VII, as codified in 53 P.S. § 65701 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 farmland, woodland and the recreational uses of the land within the Township.
[Ord. 98-2, 8/10/1998, § 6]
1.
No person shall conduct any sewage sludge land application on a site without first obtaining a permit for such application in compliance with the provisions of the Part.
2.
The Code Enforcement Officer or his designate is authorized to issue permits in accordance with the terms hereof, and with the approval of the Township, to suspend, revoke or deny permits to achieve the purposes of this Part. Any permit granted under this Part shall be valid for the period of one year after its date of issuance, and each permit must be renewed annually before the expiration date set forth on the permit. The Township shall establish, pursuant to a resolution, an appropriate fee to cover the costs associated with the issuance of a permit or renewal of the permit.
3.
Permits issued under this Part are not transferable or assignable under any circumstance.
4.
The operator shall pay the Township benefit fee prescribed by the Municipal Waste Planning, Recycling and Waste Reduction Act to the Township, or, in default thereof, the permit shall be revoked. The operator shall pay any additional fee that may be set by the Township.
5.
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.
6.
No permit shall be issued hereunder unless the person making application shall, if required, have first been issued a valid permit by PA DEP, except site permit not required by DEP.
7.
No operator or site owner shall have more than three permits at any one time.
[Ord. 98-2, 8/10/1998, § 7]
1.
Applicants for a permit under this Part shall file with the Code Enforcement Officer a written sworn application form approved by the Township prior to any land application or disposal of sewage sludge.
2.
After submission of the application, together with all plans, specifications and supporting data required to be furnished with said application in accordance with the Township's rules and regulations, the Code Enforcement Officer, or his designate, shall have up to six months within which to review the application and its supporting data, to hold one or more public hearings before the Board of Supervisors regarding the proposed sewage sludge application site or the proposed sewage sludge application site or the proposed applicator operator permit and either to grant or deny the permit. When the Code Enforcement Officer has determined that the application and its supporting data is complete and that the proposed site and applicator or operator meets the requirements of this Part, and the rules and regulations promulgated thereunder, a permit will be granted, which permit shall require the assent of the Township Supervisors. Applicants shall have the right to submit a new application for a permit no sooner than 12 months after the denial of any previously filed application.
3.
Maps, specifications and such other supporting information and data as required by the Township, together with a written plan of operation delineating procedures to be carried out for the daily operations, types of wastes to be accepted, and procedures for handling wastes in the event of emergencies or shutdowns, shall be submitted with any application for permit. In the written plan of operation, in addition to the aforesaid information required to be furnished, the applicant shall include a narrative explaining:
A.
The proposed daily operation methodology of the proposed site.
B.
The nature of the solid wastes, by source and type of material that will be accepted at the site; and all test results from the generating area at the time of application.
C.
The expected land application period of the sewage sludge site.
D.
The anticipated environmental effects of the sewage sludge on the physical characteristics of the site and the adjacent properties; and to prepare an environmental impact statement that analyzes the indirect, direct, and cumulative effects on the sludge property and on the adjoining properties of the application of the sludge and sludge by products.
E.
A description of the technology underlying the operational methodology, together with a comprehensive history of the use of the technology, its effectiveness, its efficiency and its potential long-term impact.
4.
Information on topographic maps shall also accompany an application for a permit, which maps shall include, at a minimum, the following information as it pertains to the area within a one-mile radius of the proposed land application site:
A.
The location of public and private water lines, supplies, wells, springs, streams, swamps, rivers and other bodies of water, and public and private sewer lines and septic systems.
B.
The location of underground surface mines showing the extent of deep mine workings, elevation of the mine pool, and location of mine pool discharge.
C.
The location of gas and oil wells.
D.
The location of pipeline rights-of-way.
E.
The location of geologic and hydrologic features.
F.
The floodplain and location of the land application disposal site within that floodplain, water runoff from the floodplain and stormwater runoffs.
G.
The location of public and private recreational areas.
H.
A soils, geologic and groundwater report of characteristics of the proposed land application disposal site.
I.
The location of significant historical, architectural, archeological sites.
J.
The location of any dwelling units, public buildings and/or schools.
5.
A soil survey map, based on the most recent Soil Survey of Washington County, Pennsylvania, indicating the soil types of the proposed permit area and adjacent areas with accompanying table indicating each soil's suitability for sludge application.
A.
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.
B.
In preparing the soil description, the applicant shall use the United States Department of Agriculture Soil Classification System.
C.
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. Dept. of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam or silt loam, soils having a minimum depth from surface to bedrock of 20 inches and minimum depth from surface to season high water table of 20 inches (25 Pa. Code § 275.312). Sludge cannot be applied to land that does not fall within the parameters listed in this section.
6.
A geologic map (scale no greater than one inch equals 400 feet) based on the most recent U.S. Geological Survey data for Smith 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.
7.
An analysis of soil taken from the site where sewage sludge is to be spread detailing the heavy metals referred to in § 512 of this Part. This analysis shall also include the PCB content and pH of the soil from the soil sample. Sample points must be indicated on the soils 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 25 Pa. Code, Chapter 275, § 105, and PA Interim Guidelines for the use of Sewage Sludge for Agricultural Utilization, Appendix B, Revised July 5, 1994).
8.
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. The qualified groundwater scientist to be chosen by the Township and paid by the applicant.
A.
A site permit application shall be accompanied by a groundwater-monitoring plan developed or certified by a qualified groundwater scientist.
B.
The groundwater-monitoring plan shall provide a description of the groundwater hydrology of the proposed permit area, as well as all lands adjacent to this area within the same property boundaries and the lands of all adjoining properties. The description shall include:
(1)
The depth to regional groundwater table.
(2)
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. Existing wetlands not to be disturbed.
(3)
A description of the use or uses of the groundwater from the aquifer underlying the proposed permit area.
(4)
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 1/4 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 operations 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 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 an engineer and defined in the applicant's groundwater monitoring plan. These groundwater samples shall be analyzed for toxic inorganic and organic chemicals and fecal coli form 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 revisions 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. Groundwater should be analyzed for radioactivity.
(5)
Where applicable, all data on groundwater samples from wells contaminated with nitrates and/or bacteria reported in the Township's Act 537 Plan shall be included with the water quality data for the proposed site permit area. Applications of sewage sludge will not be permitted on a site that is within a one-quarter-mile-diameter circle around any well having a nitrate content equal to or greater than 5.0 milligrams per liter.
(6)
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.
(7)
The groundwater-monitoring plan for the proposed permit area shall be reviewed and approved by the Township 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 on the basis of information in the groundwater-monitoring plan.
9.
An application shall contain a description and map of the surface waters in the proposed permit area and adjacent area including the following:
A.
The location of watershed which will receive water discharge.
B.
The location of surface bodies such as streams, lakes, ponds, springs and seeps.
C.
The location of water discharge into surface bodies of water.
D.
Descriptions of surface drainage systems within the proposed permit area and adjacent areas.
10.
An erosion control plan shall be submitted to the Township for its approval for the purpose of managing surface water and controlling erosion that will contain the sewage sludge within the permitted area.
11.
Applicant must list all possible sewage treatment facilities that may utilize the site, including a list of all generators and all sewage system generators that enter in the sewage treatment facility.
12.
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 25 Pa. Code, Chapter 275, for the land application sewage sludge not specifically addressed in this Part have been complied with.
[Ord. 98-2, 8/10/1998, § 8]
Before any permit as herein provided shall be issued to any applicant such applicant shall file with the Code Enforcement Officer an instrument nominating and appointing the operator, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business of activities transacted under the said permit, and waiving all claim or right of error by reasons of such acknowledgment of service or manner of service. Immediately upon service of process upon the operator as herein provided, he shall send to the Township his last address by registered mail, a copy of said process.
[Ord. 98-2, 8/10/1998, § 9]
The Code Enforcement Officer may, with the approval of the Township, grant a variance upon a showing that compliance with the requirements of this Part, or any rules or regulations promulgated pursuant thereto, would not endanger the public health, safety and welfare, and that the best interests of the residents of the Township would be served by granting the variance. The burden of proof shall be upon the applicant and the applicant must prove extreme hardship.
[Ord. 98-2, 8/10/1998, § 10]
Any person adversely affected by an action taken pursuant to the provisions of this Part or any of the rules and regulations promulgated thereto may appeal from that action to the Township within 30 days from the date of the action appealed.
[Ord. 98-2, 8/10/1998, § 11]
1.
After the effective date of this Part the Code Enforcement Officer may, with approval of the Township, promulgate, and thereafter revise as appropriate, rules and regulations necessary to carry out the purposes and provisions of this Part, including but not limited to rules and regulations regarding the aspects of proper land application of sewage sludge as follows:
A.
The criteria for determining the qualities and characteristics of materials that constitute sewage sludge.
B.
The operational methodology of the land application of sewage sludge.
C.
Procedures and requirements for the use of a manifest or form which identifies the quality, characteristics, composition, type, and origin of sewage sludge received and accepted by the applicant for land application.
2.
At the time of promulgation of the Code Enforcement Officer's proposed rules and regulations referred to in this section, a copy of said proposed rules and regulations shall be provided to the Township for its approval.
3.
No rule or regulation shall provide or require greater geological or engineering standards that those promulgated by the commonwealth or its departments, bureaus or agencies.
[Ord. 98-2, 8/10/1998, § 12]
1.
The disposal of hazardous waste shall be prohibited at any sewage sludge land application site covered by this Part. Any violation of this Part whatsoever shall result in the immediate revocation of all applicable Township permits and the issuance of a cease and desist order from the Code Enforcement Officer.
2.
The land application of sewage sludge shall be prohibited in areas where continuous or intermittent contact occurs between sewage sludge and the groundwater table. Groundwater is defined herein as water below the land surface in a zone of saturation.
3.
All sewage sludge land application sites shall be operated or maintained in such a manner as to prevent hazards and environmental degradation.
4.
The land application of sewage sludge shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodent, and to eliminate conditions which are harmful to public health or which create safety hazards, odors, dust, unsightliness and public nuisances.
5.
The proposed operation shall not create a nuisance (e.g., excessive noise, odor, rodent or insect infestation or effects similar in nature), impose a hardship on adjoining property owners, nor result in an undue burden upon the Township, its municipal services and infrastructure.
6.
Bonding and Liability Insurance.
A.
Bonding and liability insurance in amounts and forms acceptable to the Township shall be secured by the operator to compensate private property owners and the Township for well contamination, property damage, neighbor property damage, road damage and any damage attributed to the application of sewage sludge and the liability policy shall be effective for a period of 25 years or as such a period as the statute of limitations may apply.
B.
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.
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 no-till farmland the regulations for land application of sewage sludge listed in 25 Pa.Code, Article 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.
Sewage sludge shall not be deposited on any land within Smith Township if this sewage sludge and/or soil exceeds the following criteria:
(1)
Maximum concentrations for heavy metals and PCB's per dry weight of sludge and soil as set forth in the current regulations and requirements of the DEP and EPA.
(2)
Pathogens. All sewage sludge shall be treated to meet the criteria for Class I, Alternative 4 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)
The density of fecal coli form in the sewage sludge shall be less than 1,000 most probable number per four grams of total solids (dry weight basis) at the time the sewage sludge is used and shall adhere strictly to the definitions set forth in the DEP and EPA regulations before sewage sludge and by products are 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.
(d)
Pathogens include bacteria, viruses and protozoa as more specifically listed and defined by the current regulations of the DEP and EPA.
(e)
Sewage sludge shall be treated for pathogens to meet Class I Alternative 4 sewage sludge standards by using at least one of the processes to significantly 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:
7.
Soil pH shall be between 6.5 and 7.5 prior to the land application and shall be maintained between 6.5 and 7.5 for the life of the land application operations and for two additional years following the last application of sludge to the site (25 Pa. Code § 275.312)
8.
No more than seven dry tons of sewage sludge meeting all the criteria of this Part shall be spread on one acre of land for each land application plan issued.
9.
There shall be a restriction on harvesting of crops grown on sewage sludge sites as follows:
CROP HARVEST | PERIOD PROHIBITING | |
|---|---|---|
Food Crops (above soil) | 34 months | |
Food Crops (below soil) | 50 months | |
Feed Crops (after application) | 42 days | |
Animal Grazing (after application) | 72 days |
10.
There shall be a disclosure to prospective purchasers of land where sludge or sludge by-products have been applied.
11.
All weather regulations pertaining to application of sludge shall be in accordance with DEP and EPA regulations.
[Ord. 98-2, 8/10/1998, § 13]
Access to any land application sewage sludge site shall be limited in the following manner:
A.
Access to the site shall be limited to the normal operating hours.
B.
Normal operating hours of the site during weekdays shall be from 8:00 a.m. to 5:00 p.m. No operation of any type, including sewage sludge deliveries, shall be permitted at any other time. Additionally, there shall be no deliveries of sewage sludge nor operations at the site on the following holidays:
C.
A sign indicating the location of the site shall be prominently displayed at the site. The sign shall have a minimum size of three feet by four feet. This sign shall indicate the names and addresses of the owner(s) and the operator(s). Additionally, the sign shall display a copy of the Township permit.
D.
Access to the site shall be limited to vehicles bearing identification stickers issued by the Township. Such stickers shall be plainly visible on all vehicles admitted to the site. Access by unauthorized vehicles or persons shall be prohibited.
[Ord. 98-2, 8/10/1998, § 14]
[Ord. 98-2, 8/10/1998, § 15]
1.
Notice.
A.
The Code Enforcement Officer may immediately suspend a permit issued in accordance with this Part if a permittee, or any of the agents, servants and/or employees of such permittee, are in violation of this Part or any of the rules and regulations promulgated pursuant thereto. Written notice of the suspension, which notice shall also state the reasons for the suspension, the nature of the violation and the means to cure or correct said violation, shall be served upon the permittee, or his agent.
B.
If the violation is not cured or corrected within 10 days after receipt of the notice of suspension, or if no appeal is filed by the permittee within said ten-day time period, the suspension shall become final and the permit shall be deemed revoked. During any appeal period, substantial progress toward correcting any violation shall be made daily by the appellant. Citations shall be issued daily if progress is not deemed "substantial" by the Code Enforcement Officer.
2.
Where there is a history of repeated violations and/or a permit has been previously suspended, the Code Enforcement Officer may revoke a permit upon a showing of a subsequent violation, and upon providing the affected party, or his designated agent, with written notice of the intent to revoke the permit and with an opportunity for a hearing before the Township prior to revocation. The revocation shall take effect five days after the notice has been given, unless written request for a hearing is received by the Township within that period.
3.
Where a permit has been revoked, the person affected has the right to reapply for a permit. Reapplication must occur within 45 days of permit revocation. If this person is able to demonstrate an ability and willingness to comply with the permit and the provisions of this Part, and the rules and regulations promulgated pursuant thereto, the Code Enforcement Officer may grant a new permit upon such person's payment of the applicable fee for said permit.
4.
Land application permits and applicators permits. The applicant must disclose previous violations and permit revocations prior to applications.
5.
Permits shall not be issued to corporations or any corporations partially or wholly owned by the corporation that had previously had its permit revoked. In addition, any individual who has had his permit revoked shall not be allowed to reapply for a permit through a corporation in which he owns an interest or serves as director or officer of the corporation.
[Ord. 98-2, 8/10/1998, § 16]
1.
Inspections. The Code Enforcement Officer, or his designate, a Township Supervisor, law enforcement officer, or building, housing, or zoning official or inspector shall have the authority to inspect all sewage sludge land application site as often as may be necessary for the purpose of ascertaining or causing to be corrected any condition which may be a violation of this Part, or any rule or regulation promulgated thereunder.
2.
Right of Entry. Whenever necessary for the purpose of enforcing this Part or any rule or regulation promulgated to this Part, or whenever the Code Enforcement Officer or his designate, had reasonable cause to believe that there exists at any sewage sludge land application site any condition which constitutes a violation of this Part, or any rule or regulation promulgated pursuant to this Part, said officials shall have right to enter, without delay, said site and any structure situate thereon, at all reasonable times and in a reasonable manner:
A.
To inspect said site or facility and obtain samples of any materials or substances treated; processed or disposed at such site. Such inspection shall be at random and cost to be borne by the applicator or operator.
B.
To inspect and copy the records, report, information or test results relating to the purposes of this Part. Each such inspection shall be commenced and completed with reasonable promptness.
C.
To perform any duty imposed by law upon any of said respective officials.
3.
If such entry is refused the official seeking entry shall have recourse to every remedy by law to secure entry.
[Ord. 98-2, 8/10/1998, § 17]
1.
Whenever the Code Enforcement Officer or his designate has reason to believe that there has been a violation of this Part, or any of the rules and regulations promulgated pursuant thereto, the Code Enforcement Officer or his designate may, in lieu of, or in addition to any other enforcement procedure, give written notice of such alleged violation to the person(s) responsible therefore, and order such person(s) to take such corrective measures as are deemed reasonable and necessary to cure the violation.
2.
This notice shall state the nature of the violation and shall allow a reasonable time for the performance of the necessary corrective measure. If a person fails to comply with this notice, the Code Enforcement Officer or his designate shall institute such actions as may be necessary to terminate the violation.
3.
Notwithstanding any other provisions of this Part, or of the rules and regulations promulgated pursuant thereto, any person in violation of this Part shall be subject to a fine of not less than $100 and not greater than $1,000, and in default of payment, to imprisonment for not more than 30 days. Each day's violation of any provision of this Part shall constitute a separate offense and the violation of each section hereof shall constitute a separate offense.
[Ord. 98-2, 8/10/1998, § 18]
Notwithstanding any of the other provisions of this Part, if the Code Enforcement Officer finds that any person is operating a sewage sludge land application site in violation of this Part, or any of the rules and regulations promulgated thereunder, or if any person is operating such site in an illegal, unsafe, or otherwise improper manner so as to endanger the public health, safety, or welfare, the Code Enforcement Officer may order such person to immediately discontinue the act. Upon failure to comply with such order, the Code Enforcement Officer may request the Township Solicitor to commence appropriate civil action in a court of competent jurisdiction to secure a temporary restraining order, a preliminary injunction, a permanent injunction or other appropriate relief or may declare that the operation is creating a public nuisance, and order immediate abatement of same, with costs of such abatement to be borne and assessed in accordance with the law.
[Ord. 98-2, 8/10/1998, § 19]
To the extent that the requirements hereof differ from those established or to be established by state law, by regulation of the Commonwealth of Pennsylvania Department of Environmental Protection, or by any other commonwealth agency, both the commonwealth requirements and the requirements of this Part shall be deemed to be applicable, it being the intent of this Part to impose requirements more stringent than those applied by the commonwealth. Should the requirements hereof be determined to be incompatible or conflict with state law or regulations, the provisions hereof shall be deemed null and void and to no effect only to the extent of the incompatibility or conflict.