[HISTORY: Adopted by the Board of Supervisors of the Township
of Lehigh 9-28-2010 by Ord. No. 2010-6. Amendments noted where applicable.]
Unless the context clearly indicates to the contrary, words
used in the present tense include the future tense, and words used
in the plural include the singular. For purposes of this chapter,
the following words, terms and phrases shall have the following meanings
unless otherwise indicated:
One thousand pounds live weight of livestock or poultry animals,
regardless of the actual number of individuals comprising the unit,
as defined in Section 3 of the Nutrient Management Act (3 P.S. § 1703)[1] which is incorporated into this chapter by reference.
Any animal excrement, animal carcass, feed waste, animal
water waste, or any other waste associated with animals.
Any animal excreta, any liquid which comes into contact with
any manure, litter, bedding or other raw material or intermediate
or final material or product used in or resulting from the production
of animals or products directly or indirectly used in the operation
of a CAFO, or any spillage or overflow from animal watering systems,
or any liquid used in washing, cleaning or flushing pens, barns, or
manure pits, or any liquid used in washing or spraying to clean animals,
or any liquid used for dust control on the premises of a CAFO.
The injection of animal waste or animal wastewater into the
land.
All land and/or a lot, facility, parcel, or operating location in which animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period and a ground cover of vegetation is not sustained over at least 50% of the animal confinement area. A concentrated animal feeding operation shall not include any land area, structure, lot, yard, or corral or other area which does not meet the numerical threshold for animals as set forth in the classification system in § 50-2 of this chapter. For purposes of this definition, the concentrated animal feeding operation means and refers collectively to an animal production facility which includes at least one feedlot, livestock lagoon, and a land application area. For purposes of this definition, "animal confinement area" includes the buildings or structures, including feedlots, in which animals are confined, but does not include contiguous land used as plant filter areas over which crops or other vegetation are raised independent from the animal feeding operations. A CAFO does not include a feeding operation that has a capacity of less than 499 AEUs.
A construction permit/letter of approval required of a CAFO
by Lehigh Township.
Any land area, structure, lot, yard, or corral or other area,
whether enclosed with a roof or unenclosed, wherein livestock are
confined in close quarters for the purpose of fattening, feeding,
growing, raising, or birthing such livestock for final shipment to
market or slaughter. Without limiting the generality of the foregoing
definition, a lot or structure which contains 300 AEUs per acre for
the foregoing purposes shall be considered a feedlot. A feedlot does
not include unenclosed pasture areas which are used for the raising
of crops or other vegetation upon which livestock are allowed to graze
or feed.
Any plot, parcel, lot or other area of land owned or leased
by the CAFO to qualify for the capacity of one acre per four AEU formula
for wet handling, or one acre per eight AEU formula for dry handling.
Land used or reserved for the application of liquid wastes
from a building or outdoor storage facility.
A written contract for the exclusive use of real property,
which contract specifically grants unto the lessee the right to apply
animal waste and animal wastewater to the leased premises.
Cattle, sheep, swine, poultry and other animals or fowl,
which are being produced primarily for use as food or food products
for human consumption.
An enclosed area located below ground surface level and directly
under a building which is a part of the CAFO, used to collect animal
waste and animal wastewater. Before a manure pit becomes full, all
or part of the animal waste and animal wastewater must be removed
and used for application.
A dwelling place for people which is inhabited at least 50%
of the year or any church, school, business or other public building
open to and used routinely by the public for public purposes.
An operating permit and/or letter of approval required of
a CAFO by Lehigh Township.
Anyone who owns, either individually and/or with any other
persons, any of the following interests in the real property upon
which a CAFO is situated:
The owner's parents, spouse, children, grandchildren,
brothers and/or sisters.
Includes natural persons and also includes corporations,
partnerships, associations and any other business or charitable entities,
including a natural person who has supervisory authority over the
operation of a CAFO, whether or not such person is an owner of the
CAFO, and a natural person who applies animal waste or animal wastewater
originating from the CAFO.
A town, village or incorporated area having at least 10 occupied
dwellings not on CAFO property, as measured in a straight line from
any of the occupied dwellings to the nearest CAFO confinement building,
confinement lot, or other confinement area, or waste handling facility
in a five-mile radius.
The distance for the CAFO facility to the nearest occupied
dwelling not on CAFO property, as measured in a straight line from
the occupied dwelling to the nearest CAFO confinement building, confinement
lot, other confinement area, or water handling facility.
The vertical drop divided by the horizontal distance of a
land area multiplied by 100, and expressed as a percentage.
Written authorization issued by the Lehigh Township Board
of Supervisors to construct, modify or operate a CAFO.
[1]
Editor's Note: See now 3 Pa.C.S.A. § 503.
A.
A Class I CAFO is one that has a capacity of 2,000 or more AEUs.
B.
A Class II CAFO is one that has a capacity of 1,500 to less than
2,000 AEUs.
C.
A Class III CAFO is one that has a capacity of 1,000 to less than
1,500 AEUs.
D.
A Class IV CAFO is one that has a capacity of 500 to less than 1,000
AEUs.
Prior to issuance of a Lehigh Township health permit, the Township
shall make findings of fact and conclusions of law as to the following:
A.
The proposed CAFO shall be in compliance with the provisions of this
chapter, as applicable. Lehigh Township shall have the right to conduct
annual inspections of the premises to ensure ongoing compliance with
this chapter.
B.
Airborne pathogens. The permittee shall provide adequate provisions
for the control of airborne pathogen emissions. This includes, but
is not limited to, installation of filters and UV light systems on
all exhaust fan assemblies. In addition, all provisions for the control
and treatment of airborne pathogens shall comply with the most recent
recommendations by the Centers for Disease Control and/or the Pennsylvania
Department of Environmental Protection.
C.
No Township health permit shall be issued for a livestock and/or
poultry manure storage system or other system of manure storage that
is of like and similar nature that prevents feedlot runoff unless
such manure storage system is in compliance with all Pennsylvania
Department of Natural Resources ("DNR") regulations for the control
of wastes from livestock feedlots, poultry lots and other animal lots
and said manure storage system has obtained a permit from the DNR,
if necessary, for the pollution control devices to be installed. Such
manure storage systems shall be located at least 2,000 feet from an
existing residence.
No Class I CAFO shall be located within two miles of any Class
I or Class II CAFO or within one mile of any Class III or Class IV
CAFO. No Class II CAFO shall be located within two miles of any Class
I CAFO, within 1 1/4 miles of any Class II CAFO or within one
mile of any Class III or Class IV CAFO. No Class III CAFO will be
located within one mile of any Class I or II CAFO or within 1/2 mile
of any Class III or Class IV CAFO. No Class IV CAFO will be located
within one mile of any Class I or II CAFO or within 1/2 mile of any
Class III or Class IV CAFO. This distance shall be measured from the
nearest point of one CAFO's confinement or waste containment
system to the nearest point of another CAFO'S confinement or
waste containment system.
|
Setback Distances
| ||||
|---|---|---|---|---|
|
Class I
|
Class II
|
Class III
|
Class IV
| |
|
Class I
|
2 miles
|
2 miles
|
1 mile
|
1 mile
|
|
Class II
|
2 miles
|
1.25 miles
|
1 mile
|
1 mile
|
|
Class III
|
1 mile
|
1 mile
|
0.5 mile
|
0.5 mile
|
|
Class IV
|
1 mile
|
1 mile
|
0.5 mile
|
0.5 mile
|
A.
No health permit shall be issued unless adequate security has been
furnished to ensure proper cleanup and disposal.
B.
A cash or surety bond shall be furnished to Lehigh Township for any
manure storage system. A manure storage system may include one or
more outdoor or indoor storage facilities at any single operation
during CAFO. If the bond is a surety bond, the surety shall be approved
by the Board of Supervisors and found to be of reputable character
and financially sound with respect to the obligation incurred. A security
bond shall be furnished before construction and shall remain in effect
during the operation period. The bond shall remain with the Lehigh
Township Board of Supervisors until the operator has ceased operation
of the CAFO and has complied with all federal, state and local laws
in operation of the facility and until the prompt cleanup and proper
disposal of any waste improperly handled or disposed of at the facility
and restoration of the premises upon which the facility is operated.
If a cash bond is posted, all interest earned thereon shall become
part of the bond subject to terms and conditions, including the condition
of release. The Board of Supervisors shall give approval before release
of the bond.
Where, due to an extraordinary or exceptional situation or condition
of a specific piece of property, the strict application of this chapter
would result in peculiar and exceptional difficulties to, or an exceptional
and demonstrable undue hardship upon, the owner of the property as
an unreasonable deprivation of use as distinguished from the mere
grant of a privilege, the Board of Supervisors may authorize, as part
of the application for a Township health permit, relief from the strict
application so as to relieve said demonstrable difficulties or hardships,
provided the relief can be granted without substantial detriment to
the public good and without substantially impairing the intent, purpose,
and integrity of the regulations, standards and criteria established
in this chapter.
A CAFO in existence at the time of the enactment of this chapter
is exempt from its terms and conditions; provided, however, that before
a CAFO in existence at the time of the enactment of this chapter may
expand or change its operation in terms of a change of classification
or amount or manner in which animal waste or animal wastewater is
applied or disposed of, the CAFO shall be in compliance with this
chapter in every respect and shall obtain a new Township health permit.
If the real estate upon which a CAFO is exempt as stated above is
transferred to a member of the owner's immediate family either
by voluntary conveyance or as the result of the death of the owner,
the exemption provided herein shall also transfer.
A.
No application for approval of a Township health permit shall be accepted until the applicant has paid all processing fees as set forth below. Fees paid shall be nonrefundable except as provided in § 50-8D below.
B.
The original application fee amount shall not exceed the amount needed
to recover the cost of initial and yearly inspections, investigation
and review of the proposed application, which fee amounts are based
upon the anticipated costs of review, inspection and investigation
by Lehigh Township and which fee amounts have also taken into consideration
the need for special investigative services, including geologic inspections,
hydrologic inspections, groundwater monitoring, soils evaluation,
and other unique costs of a scientific or technical nature associated
with the processing of the application. For purposes of this chapter,
the administrative fee amounts shall be as follows:
|
Classification of CAFO
|
Fee
| |
|---|---|---|
|
Class I
|
$10,000
| |
|
Class II
|
$2,000
| |
|
Class III
|
$1,500
| |
|
Class IV
|
$1,000
|
C.
There shall be established with the Lehigh Township Board of Supervisors
an escrow fund, for each application for a Township health permit,
for the purposes of reimbursing Lehigh Township for services rendered
in connection with administration of this chapter. Said escrow account
shall include the proceeds of project review fees established pursuant
to this section. The funds contained in said escrow account shall
be used solely to reimburse Lehigh Township for actual costs associated
with administration of this chapter, for actual services rendered
for investigation, administration and processing of a Township health
permit, including costs associated with the retaining and compensation
of experts on scientific and technical issues associated with the
application and costs associated with public hearings. The Township
Treasurer shall disburse payments based upon billings supplied by
Lehigh Township and approved by the Lehigh Township Board of Supervisors.
D.
The applicant for a Township health permit may apply to Lehigh Township
for a credit against the fee previously paid in the event that a portion
of the cost of review and processing is duplicative, pursuant to the
standards of applicable case law or statutes then in effect. After
the approval, conditional approval or denial of a Township health
permit, the Township Treasurer shall refund to the applicant any unexpended
or unencumbered balance of the escrow account established pursuant
to this section for said application.
E.
The five-year renewal fee for all classes of CAFOs shall be $1,000
to be paid at the time the application for renewal permit is submitted,
said fee to go directly into the General Revenue Fund of the Township.
The proper disposal of dead animals and after-birthing material
shall be completed in accordance with the Pennsylvania Domestic Animal
Act which is hereby incorporated into this chapter by reference.
The applicant shall obtain and provide to Lehigh Township a
satisfactory site evaluation of any and all proposed CAFOs prepared
by The Animal Science Department of Pennsylvania State University
or such other equivalent qualified program approved by the Lehigh
Township Board of Supervisors.
Any person violating this chapter shall be subject to punishment
by imprisonment or fine as provided by law. Each day a person operates
a CAFO in violation of this chapter, and each time a person applies
animal waste or animal wastewater in a manner inconsistent with the
requirements of this chapter, shall be considered a separate offense.
Whenever any part of this chapter shall be repealed or modified,
either expressly or by implication, by a subsequent ordinance, that
part of the chapter thus repealed or modified shall continue in force
until the subsequent ordinance repealing or modifying the chapter
shall go into effect unless therein otherwise expressly provided;
but no suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under this chapter previous to
its repeal shall be affected, released, or discharged but may be prosecuted,
enjoined, and recovered as fully as if this chapter or provisions
had continued in force, unless it shall be therein otherwise expressly
provided.
