[Adopted 10-1-2013 by Ord. No. 2013-3]
Land application of sewage and septic sludge waste is permitted,
subject to the following criteria:
A.
The application shall be in full compliance, as indicated by the
issuance of a PA DEP permit, with 25 Pa. Code, Chapter 271 and Chapter
275, as amended.
B.
No land approved for a land application of sewage/septic sludge waste
shall be located within 600 feet of any residential land or any existing
residential use, including any residences on the farm being permitted
for land application.
C.
No land approved for land application of sewage/septic sludge waste
shall be located within 300 feet of the following:
D.
Any person intending to apply sewage sludge in North Newton Township
shall, at least 30 days prior to the first application, notify the
Township by submitting copies of all information required to be submitted
to DEP. Copies of all monitoring reports, notification requirements
and inspection reports by PA DEP, in addition to any correspondence
relating to violations, restrictions, etc. shall be sent to the Township
in a timely manner.
E.
Notification to the Township shall include how the site restrictions
specified in 25 Pa. Code 271.932(b)(5)(vii) or (viii), as applicable,
shall be complied with following the land application.
F.
The applicant shall provide the Township with the following documentation
in accordance with North Newton Township and PA DEP requirements:
(1)
Written consent of the owner(s) of the land upon which the sewage/septic
sludge waste will be land applied.
(2)
Written acknowledgement from the person(s) responsible for applying
the sewage/sludge waste to the land.
(3)
Written acknowledgement from the person(s) responsible for the generation
of the sewage/septic sludge waste to be land applied.
G.
No land approved for land application sewage/septic sludge waste
shall exceed an existing natural surface slope of 10%.
H.
The applicant shall prepare a site plan detailing the proposed land
application area and the area within 1,000 feet of the perimeter of
the land application area, including the access drive from a public
roadway, existing contours of the land application area and the perimeter
area noted above at vertical intervals of two feet. All existing surface
topography shall be included along with any underground utility lines
or pipes as identified through a current PA One Call notification.
I.
Sludge application in the Township shall not take place on the holidays
of Christmas, New Year's Day, Easter, Memorial Day, July Fourth, Labor
Day and Thanksgiving.
J.
When sludge is applied to lands abutting a public road, the applicant
and/or landowner shall place clearly visible signs at intervals at
least every 50 feet along said road at least 48 hours prior to each
sludge application and for the duration of application operations
at such lands. Such signs shall be at least 12 inches by 12 inches
and contain notice that sewage sludge has been applied to the land
and prohibit public access to such lands.
K.
Prior to the first land application, the Township may inspect and
obtain a soil sample of the field on which the application is to take
place to ensure compliance with DEP permit requirements. The Township
shall provide the landowner and the applier at least 72 hours' advance
notice prior to the inspection. The Township shall bear the expense
of any inspection and testing.
L.
The Township may require written proof from the applier to indicate
the pathogen reduction treatment alternative and which vector attraction
reduction option was used to produce the sewage sludge used at the
site.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
The penalties for a violation of this article are as follows:
A.
Any person who violates any provision of this article shall, upon
conviction thereof before any Magisterial District Judge, be sentenced
to pay a fine of not more than $1,000. Each violation shall constitute
a separate offense, for which a summary conviction may be sought.
B.
Notwithstanding anything herein to the contrary, any suit for financial
penalty brought by or on behalf of North Newton Township against a
person under this article shall in no way constitute an election of
remedies, and North Newton Township, and any other person having a
cause of action against such person, shall be entitled to pursue any
such remedies against such person as provided by law or in equity.
