[Ord. 1.2.01, 1/2/2001, § 1]
This Part shall be known as and may be cited as the "Hepburn
Township Livestock and Poultry Manure Nutrient Management Ordinance."
[Ord. 1.2.01, 1/2/2001, § 2]
The following words and terms, when used in this Part, have
the following meanings, unless the context clearly indicates otherwise:
The average of the highest population concentrations of a
species of livestock or poultry being rated by a livestock or poultry
operation for each month of a calendar year, excluding those months
in which no such species are raised as a result of normal agricultural
or business practices or as a result of disease or threat of disease.
Structures used for the storage of manure or to house or
protect livestock or poultry.
A person engaged in the business of raising livestock or
poultry.
A tract(s) of land which has not been identified for field
applications of manure in the submitted plan of any currently permitted
livestock or poultry operation and on which manure is to be imported
from another municipality into Hepburn Township and applied on property
within Hepburn Township.
A person engaged in the business of storing and applying
imported manure on Hepburn Township land(s).
Typical fluctuations in livestock or poultry populations
due to normal procreational or culling activities occurring within
a livestock or poultry operation. Any fluctuation shall be deemed
to be a normal seasonal change if such fluctuation does not result
in a population concentration that exceeds for two consecutive months
110% of (1) the concentration existing on the effective date of this
Part; (2) the highest annual population concentration for any of the
preceding five calendar years; or (3) the concentration allowable
under a permit granted pursuant to this Part, whichever is greatest.
The document that describes the nutrient management program.
The schedule of activities undertaken or to be undertaken by a person required to obtain a permit under this Part for the minimization of pollution to ground or surface water through management of animal waste and fertilizer in accordance with the criteria contained in § 10-105.
An individual, partnership, corporation or association.
A review of a nutrient management plan submitted pursuant
to this Part to ensure that the plan contains the information required
to be submitted under this Part and that calculations contained in
the plan on tracts of land for disposal of manure are made in accordance
with the most recent formula devised by the Pennsylvania State University
in its computer program farm nutrient management worksheet or a successive
program devised by the Pennsylvania State University to replace such
computer program.
The ratio of the total number of a particular species of
livestock or poultry being raised by a livestock or poultry operation
per contiguous acre(s) of land owned or operated by such livestock
or poultry operation within which such species are being raised.
A person or persons appointed to review, approve or disapprove
the permit application.
A plan for soil erosion and sedimentation control that is
developed and implemented for a designated farm in accordance with
Chapter 102 of the Department of Environmental Protection Regulations,
25 Pa. Code § 102.1 et seq.
The Hepburn Township Board of Supervisors.
[Ord. 1.2.01, 1/2/2001, § 3]
2.
A livestock or poultry operation not subject to this Part pursuant to Subsection 1 shall be subject to the provisions of this Part:
3.
A livestock or poultry operation not subject to this Part pursuant to Subsection 1 may be subject to the provisions of this Part, at the discretion of the Township Board, after the following determinations have been made by the Pennsylvania Department of Environmental Protection:
A.
That
the storage, handling or disposal of manure or the application of
fertilizer by the operation is in violation of applicable standards
for storage, handling, disposal, or application of manure or fertilizer
that are contained in the most recent text and technical supplement
to the Commonwealth of Pennsylvania, Department of Environmental Protection,
publication, Manure Management for Environmental Protection, and the
Department of Environmental Protection regulations; and
B.
That
such violation is causing or is substantially threatening to cause
pollution to ground or surface waters.
[Ord. 1.2.01, 1/2/2001, § 4; as amended by Ord.
8.5.2008, 8/5/2008]
1.
Permit Requirement. All livestock or poultry operations that are subject to this Part pursuant to § 10-103 and all new livestock and poultry operations shall be required to apply for and obtain from the Township a permit in accordance with the provisions of this section prior to building any facility and prior to performing any permitted activity on the operation. An operation shall not be considered to be a new livestock or poultry operation merely because transfer of ownership or change in make-up or proportionate shares of ownership within the operation of because such operation has acquired and is using for raising of livestock or poultry real property that was used by a predecessor in interest for the raising of livestock or poultry, unless such activity results in the raising of a different species of livestock or poultry or results in the raising of the same species of livestock or poultry at levels of concentration exceeding normal seasonal changes by such predecessor in interest.
A.
Any person desiring to import livestock or poultry manure from another
municipality into Hepburn Township and apply or expect to apply the
manure on property located within Hepburn Township shall be required
to apply for and obtain from the township a permit in accordance with
the provisions of this section prior to performing any permitted activity
on the land.
2.
Request for Permit. Application for permit shall be submitted in the form and manner prescribed by the Township or, where no such form or manner have been prescribed, shall be submitted to the Township in writing at the business office of the Township during normal business hours, and shall include in the application the name(s) and addresses of the livestock or poultry operation, the name(s) and addresses of the manure disposal facility, the name(s) and addresses of the owners of the operation, a statement that the operation is applying for a permit pursuant to this Part, and a description of the location of the tract of land on which the permit is applied. Such application shall be accompanied by a nutrient management plan that meets the requirements of § 10-105, and shall also be accompanied by either a letter certifying review of the plan by the Lycoming County Conservation District of written evidence that the plan was submitted to the district and that 15 business days have passed after submittance without receipt of letter certifying review of the plan. The failure of the Lycoming County Conservation District to review the plan shall not impede, alter or otherwise affect the requirements and privileges provided in this Part for the processing and review and determination of any permit application submitted pursuant hereto.
3.
Application Review. Applications shall be reviewed and approval or
disapproval of applications shall be rendered by the Township Board
of Supervisors or their representatives. In reviewing the application,
the Township Board of Supervisors or their representatives may, but
need not, approve the plan review of the Lycoming County Conservation
District. A decision for approval or disapproval shall be rendered
by the Township Board within 90 days of the receipt of the plan by
the Township Board's Secretary.
4.
Application Fee. The application shall be accompanied by a filing
fee charged for the purpose of defraying the expenses of reviewing
the application and making such site inspections and follow up inspections
as are advisable, at the discretion of the Township Board or representative(s),
to carry out the purposes of this Part. The filing fee shall be in
an amount as established from time to time by resolution of the Board
of Supervisors. This filing fee shall be in addition to any fee charged
by the Lycoming County Conservation District in consideration of its
review of applicant's nutrient management program.
5.
Temporary Permit. The Township Board of Supervisors may grant a temporary
permit to allow activities to be performed by any livestock or poultry
operation, or manure disposal facility required to have a permit under
this section pending final review and disposition of such operation's
permit application. Upon termination of such temporary permit, the
livestock or poultry operation or manure disposal facility shall be
given a reasonable time as specified by the Township Board to adjust
livestock or poultry populations or manure application to the land(s)
and activities to comply with this Part.
[Ord. 1.2.01, 1/2/2001, § 5]
1.
The nutrient management plan shall include the following information:
A.
The number of livestock or poultry being raised or expected to be
raised on the land tract(s) to be permitted.
B.
The amount of manure nutrient expected to be generated from the raised
livestock or poultry during a period of one year.
C.
A statement of the planned disposition of the manure amount indicated under Subsection 1B to be generated by the livestock or poultry operation. Such statement shall include, if applicable, the following:
(1)
The means, manner and facilities (including storage capacity) proposed
to be utilized for storage of the manure to be generated;
(2)
The proposed tract(s) of land which will receive field applications
of the generated manure and the amounts and periods of manure application
on such tract(s);
(4)
Evidence, using the calculations and formula prescribed in Subsection 3, that the amount of manure indicated under Subsection 1B to be generated by the livestock operation will not exceed the maximum quantities of manure for proper storage and effective nutrient sustenance of crops in the facilities and land tract(s) and for the crops indicated in Subsection 1C(1), (2), and (3), or if such excess is indicated, the manner and locations in which such excess will be disposed and evidence that disposal of the excess in such manner and at such locations will not cause pollution or threaten to cause pollution to ground or surface waters.
D.
A scaled map or maps (one inch = _____ feet) indicating the location or expected locations of all structures where livestock or poultry are or will be raised and all structures and fields where manure is proposed to be stored or applied, in support of the statement submitted pursuant to Subsection 1C be drawn by a professional draftsman or that any survey of the land tracts represented by such map or maps be previously completed; however, such map or maps should include sufficient information on the location of the land tract or tracts and facilities as will reasonably allow the Township representative to locate such tract or tracts and facilities, aerial maps of the County's farm properties available at the Lycoming County Conservation Service will be accepted as an accurate representation for locating the facilities.
E.
If any land indicated in Subsection 1C for receipt of manure field application or disposal is owned by a person other than the livestock or poultry operation, then a notarized consent statement from such owner shall indicate that application or disposal of manure by the livestock or poultry operation is permitted on such lands.
F.
A written soil conservation farm plan developed for the land on which manure is proposed to be stored or applied under Subsection 1C.
G.
Show the location of all residences and other structures on any adjacent
property and indicate the distance of such residences and other structures
from the livestock and poultry area and from the storage and/or manure
application areas.
2.
Each plan submitted under this section, at a minimum, shall comply
with the criteria set forth in the most recent text and technical
supplements to the Commonwealth of Pennsylvania Department of Environmental
Protection's publication, Manure Management for Environmental
Protection, or with the provisions of any manure management permit
issued by the Department for any land for which the plan is applicable.
A.
Each plan submitted under this section shall, at a minimum, comply
with the criteria set forth in the most recent text and technical
supplements to the Commonwealth of Pennsylvania Department of Environmental
Protection's publication, Manure Management for Environmental
Protection, for odor control. The plan shall state what steps the
person who operates a livestock or poultry operation will take to
reduce odor to a minimum.
B.
If one or more open-air facilities are to be utilized for storage
of manure, a statement of the type of fencing constructed or to be
constructed and warning signs posted or to be posted around each facility,
with written evidence that such fencing and signs will comply with
the provisions of this subsection. It shall be a condition of any
permit granted pursuant to this Part that a livestock or poultry operation
install such fencing and signs around an open-air facility prior to
the utilization of such facility for storage of manure. The fence
shall be secure enough to exclude children.
3.
The applicant shall use and include pursuant to the items of information required to be supplied and included in the plan under Subsection 1 the calculations and formula most recently devised by the Pennsylvania State University in the computer program, Farm Nutrient Management Worksheet, or a successor program devised by the Pennsylvania State University to replace such computer program. Worksheet figures for calculating crop yields and manure usage shall use the Lycoming County Conservation Districts average yields for the land utilized in the plan.
4.
The activities and facilities proposed in the plan to be undertaken,
constructed or operated by the livestock or poultry operation or manure
disposal facility shall comply with all other ordinances in effect
for this Township.
5.
The content of a nutrient management plan and criteria for a manure
disposal facility shall include the following information:
A.
The amount and kind of manure in tons expected to be imported into
the Township from another municipality during the period of one year
and the total acres of the tract(s) of land on which the manure is
to be applied and the storage facilities if any on that land.
B.
A statement of the planned disposition of the manure amount indicated in Subsection 5A. Such statement shall include, if applicable, the following:
(1)
The means, manner and facilities proposed to be utilized for storage
of manure to be imported;
(2)
The proposed tract(s) of land which will receive field application
of the imported manure and the amounts and periods of manure application
of such tract(s);
(3)
The field crops expected to be grown on the land tract(s) indicated
in Subsection 5C(2);
(4)
Evidence, using the calculations and formula prescribed in Subsection 3, that the amount of manure indicated under Subsection 1 to be imported by the manure disposal facility will not exceed the maximum quantities of manure for proper storage and effective nutrient sustenance of crops in the facilities and land tract(s) and for the crops indicated in Subsection 5B(1), (2), and (3), or if such excess is indicated, the manner and location in which such excess will be disposed and evidence that disposal of the excess in such manner and at such locations will not cause pollution or threaten to cause pollution to ground or surface waters.
D.
If any land indicated in Subsection 5B for receipt of manure field application or storage is owned by a person other than the applicant for permit, then a notarized consent statement from such owner shall indicate that the application or storage of manure by the owner of the manure disposal facility is permitted on such lands.
[Ord. 1.2.01, 1/2/2001, § 6]
1.
The Township Board of Supervisors may approve an application for
permit submitted pursuant to this Part and issue a permit, after an
optional public hearing held by the Hepburn Township with notification
of the application given to all adjoining land owners to the facility,
to the applicant's livestock or poultry operation or manure disposal
facility unless they find one of the following:
E.
The activities or facilities proposed under the submitted nutrient
management plan would violate the provisions of any ordinance in effect
for this Township.
F.
The applicant has failed to submit proper mapping of the applicable
tracts and facilities relative to the permit application.
G.
No soil conservation farm plan has been devised for the land subject
to the permit application or a federal or state agency has determined
that such soil conservation farm plan has not been effectively implemented.
I.
The applicant fails to show, through the utilization of calculations pursuant to § 10-105, Subsection 3 or Subsection 5C, that the activities and facilities for manure storage, disposal or land application proposed in the plan are sufficient for proper storage, disposal and land application of manure expected to be generated or imported by the applicant and fails to account for the proper disposal of manure exceeding the levels that can be sustained by the proposed activities and facilities in a manner that will not cause pollution or threat of pollution to ground or surface waters.
J.
The applicant has submitted any false information relative to the
application or any accompanying document required to be submitted
under this Part.
2.
Approval or denial of permit application shall be made in writing
and signed by the Township Board or their representative(s) and mailed
to the applicant at the address indicated on the application. Where
application for permit has been denied, the written statement shall
include the reasons for such denial. Where a permit application in
order to comply with the requirements for permit approval under this
Part; provided, that such amendment is submitted to the Township representative
within 14 business days of receipt of denial of the application. The
Township Board or their representative(s) shall approve or disapprove
the amended application within 45 days of receipt by the Board's
Secretary.
[Ord. 1.2.01, 1/2/2001, § 7]
1.
A permit granted pursuant to this Part shall entitle the applicant's
manure disposal facility to store and apply imported manure on Township
tract(s) of land and/or the applicant's livestock or poultry
operation to raise livestock or poultry in such species and numbers
and on such land tracts as are indicated on the permit. Such permit
shall be effective until the Township determines that population concentration
of livestock raised on the permitted tract exceeds normal seasonal
changes, or the species of livestock changes or until such time as
the permitted operation is found by the Commonwealth Department of
Environmental Protection to be in violation of law or regulations
of the Department in the generation, storage, handling or disposition
of manure.
2.
Whenever a new permit or corrections to the permit in effect is required to be filed pursuant to the provisions of this Part as stated in §§ 10-103 or 10-104: (A) whenever the population concentrations of livestock or poultry raised on the permitted tract(s) exceeds normal seasonal changes, or (B) the species of livestock or poultry changes on the permitted tract(s), or (C) until such time as the permitted operation is found by the Commonwealth Department of Environmental Protection to be in violation of the laws or regulations of the Department of Environmental Protection in the generation, storage, handling or disposition of manure, the owner or operator of the permitted livestock or poultry operation is required to file for a new permit or make the necessary corrections to adhere to the existing permit within 45 days of being informed by the Township Board. Failure to do so results in a violation of this Part.
3.
Whenever a permit is required to be filed pursuant to the provisions of this Part in §§ 10-103 and 10-104 by any nonpermitted existing operator of a livestock or poultry operation, the owner and operator who fails to file for a permit under this Part within 90 days after being affected by the above §§ 10-103 and 10-104 after notification to do so by the Township Board shall be in violation of this Part.
4.
Whenever a permit is required to be filed pursuant to the provisions of this Part in § 10-104, Subsection 1A, by any person who wishes to operate a manure disposal facility, the owner and operator shall file for and obtain a permit under this Part before operation of the facility. Operation of a manure disposal facility before a permit is obtained is a violation of this Part and subjects the owner and operator to immediate penalty following the day of notification and each day thereafter the day of notification by the Township Board if the owner and operator fails to stop the manure disposal facility.
5.
A permit for a manure disposal facility is in effect until the permitted operation is found by the Commonwealth Department of Environmental Protection to be in violation of laws or regulations of the Department in the storage, handling or disposition of manure as stated in § 10-103 or until there is a violation or change of the content of the nutrient management plan and criteria as stated in § 10-105, Subsection 5. The owner and operator shall have 45 days to make the necessary changes or file for a new permit after notification by the Township Board. Failure to do so results in a violation of this Part.
6.
Any person who is operating any facility under an existing permit of this Part and is in violation of § 10-105, "Content Nutrient Management Plan and Criteria," is in violation of this Part. The owner and operator shall have 45 days to make the necessary changes to adhere to the existing permit or file for a new permit. Failure to do so results in a violation of this Part.
[Ord. 1.2.01, 1/2/2001, § 8; as amended by Ord.
8.5.2008, 8/5/2008]
A person subject to this Part who fails to comply with the provisions
of this Part shall be in violation of this Part if such person has
received from the Township by personal service or by certified mail
a written notice of failure to comply with this Part and such person
continually failed to comply with this Part within the time periods
set forth under any section of this Part after receipt of such notice;
and, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1.2.01, 1/2/2001, § 9]
1.
Any person aggrieved by the denial of a permit under this Part shall
have the right to appeal to the Hepburn Township Zoning Hearing Board.
2.
Any person who by reason of new evidence or who can show proof by
fact that his permit can be changed in any way shall have the right
to appeal to the Township Board of Supervisors or their representative(s).
