[Ord. 2004-60, 5/13/2004]
As used in this Part, the following terms shall have the meanings
indicated:
A storage container, basin or other storage facility which
collects or holds washdown water from animal housing facilities.
A structure built to store manure for future use. Types of
animal waste facilities are as follows: underground storage, in- ground
storage, trench silo, earthen bank with liner, and above-ground storage.
Any manure which contains more than 80% moisture.
The fecal and urinary defecations of livestock and poultry,
often containing some spilled feed, bedding or litter.
[Ord. 2004-60, 5/13/2004]
1.
Every person installing, erecting or constructing a liquid animal
waste storage facility and the owner, or tenant leasing premises,
of the land where the liquid animal waste storage facility is placed
shall be responsible for satisfying the requirements of the following
regulations.
A.
Liquid animal waste storage facilities shall be designed in compliance
with the guidelines outlined in the publication Pennsylvania Soil
& Water Conservation Technical Guide Standard for Waste Storage
Facility (Code 313), revisions, supplements, and successors thereto,
of the Pennsylvania Department of Environmental Protection, copies
of which are available at the Lebanon County Conservation District
office.
B.
Liquid animal waste storage facility designs shall be reviewed and
approved by the Lebanon County Conservation District prior to the
issuance of any permit under this Part or building permits in connection
with a facility housing liquid animal waste storage.
C.
Construction and subsequent operation of the animal waste storage
facility shall be in accordance with the permit and the approved design.
The Lebanon County Conservation District must be notified the day
construction begins for proper supervision of construction. Any design
changes during construction or subsequent operation must be approved
in writing by the Lebanon County Conservation District.
D.
Prior to the issuance of a permit, applicants shall have prepared
and approved by the Lebanon County Conservation District a nutrient
management plan which meets the technical content of the Pennsylvania
Nutrient Management Rules and Regulations, 25 Pa. Code, Chapter 83.
E.
All liquid animal waste storage facilities must comply with all other
local, state and federal laws.
[Ord. 2004-60, 5/13/2004]
1.
All new, individual or groups of poultry housing facilities which
may require a disinfecting washdown at any point in their lifespan
shall install a watertight collection system to prevent an uncontrolled
discharge of wastewater from the facility.
A.
Collection systems for washdown water designs shall be reviewed and
approved by the Lebanon County Conservation District prior to the
issuance of any permit under this Part or building permits in connection
with a facility housing collection systems for washdown water.
B.
Construction and subsequent operation of the collection system for
washdown water shall be in accordance with the permit and the approved
design. The Lebanon County Conservation District must be notified
the day construction begins for proper supervision of construction.
Any design changes during construction or subsequent operation must
be approved in writing by the Lebanon County Conservation District.
C.
Prior to the issuance of a permit, applicants shall have prepared
and approved by the Lebanon County Conservation District a nutrient
management plan which meets the technical content of the Pennsylvania
Nutrient Management Rules and Regulations, 25 Pa. Code Chapter 83,
and a Natural Resource Conservation Service conservation plan.
D.
All collection systems for washdown water must comply with all other
local, state and federal laws.
[Ord. 2004-60, 5/13/2004]
1.
The following general requirements shall apply to any application
to construct a liquid animal waste storage facility and/or collection
systems for washdown water and any permit issued related thereto:
A.
No liquid animal waste storage facility and/or collection systems
for washdown water shall be constructed or altered within a Township
without first obtaining a permit from the Township.
B.
Permit applications shall be submitted in the name of and executed
by the owner of the property.
C.
Permit applications shall be submitted to the Township Secretary
on forms available from the Township Secretary. Accompanying the application
shall be a sketch of the property showing the proposed facility, including
dimensions for the construction, a letter from Lebanon County Conservation
District providing that the applicant's liquid animal waste storage
facility and/or collection systems for washdown water design has been
reviewed and approved by Lebanon County Conservation District, and
that all requirements of this Part have been satisfied.
D.
No building permit shall be issued prior to the issuance of a liquid
animal waste storage facility and/or collection systems for washdown
water permit if said liquid animal waste storage facility and/or collection
systems for washdown water is housed or appurtenant to any structure
requiring a building permit.
E.
Permit applications shall be submitted in person or by mail to the
Township Secretary, shall be signed by the applicant, shall be accompanied
by a check or money order payable to Swatara Township in the amounts
set forth by the Township Board of Supervisors in resolutions determining
issuance fees and inspection fees, shall contain proof of ownership
or lease agreement, and shall be submitted to the Township at least
45 days prior to the anticipated start of work.
F.
Upon complete application duly made, if permissible in accordance
with this Part, a permit will be issued by the Township, subject to
this Part and the conditions contained on the permit, its attachments
and supplements, including a copy of the application. The permit will
be the authority of the applicant to proceed with the work.
G.
Permits will be issued only to the owner or tenants of the property.
Permits will not be issued to contractors of the property owner or
tenant.
H.
A permit shall be valid for a two-year period. If the required work
is not completed within said two-year period, a written request shall
be submitted requesting a time extension, together with the required
fee.
I.
When all permitted work has been completed, the applicant shall provide
the Township certification from a Pennsylvania licensed professional
engineer that the structure meets the requirements set forth in the
Pennsylvania Soil & Water Conservation Technical Guide Standard
for Waste Storage Facility (Code 313).
[Ord. 2004-60, 5/13/2004]
1.
This Part shall be enforced by the Swatara Township Code Enforcement
Officer or by any other person designated, subsequent to the enactment
of this Part, by resolution adopted in public session by the Swatara
Township Board of Supervisors.
2.
This Code Enforcement Officer is authorized to perform all duties
necessary and appropriate to be performed in the view of Swatara Township
related to this Part, including but not necessarily limited to confirming
all technical and general requirements are met, making all inspections
related thereto, and enforcement of violations and penalties.
[Ord. 2004-60, 5/13/2004]
1.
Civil enforcement, general rule. Any violation of this Part or the
permit requirements shall constitute grounds for imposition of any
or all of the following penalties:
A.
Upon receipt of oral or written notice of any violation from the
Township, the permittee shall cease to perform any further work in
the permitted area except to restore the area to a safe condition.
No further work shall commence in the permitted area until the violation
has been remedied. Where the permittee has received oral notice of
the violation, written notice shall be sent to the permittee within
10 days of receipt of the oral notice.
B.
Any authorized Township representative may confiscate the applicant's
permit.
C.
The Township may revoke the applicant's permit.
D.
The Township may give notice to remove the improper work and replace
the improper work, by registered or certified mail, stating that the
permittee shall have 10 days from receipt of the notice to comply
and, upon noncompliance, the Township may do or cause to be done the
correction of the work, levying costs of this work against the permittee
as a property lien to be collected in any manner provided by law.
E.
Such other action as may be deemed necessary or proper after consultation
with the Township Solicitor.
2.
Additional grounds for revocation of permit. The Township may, without
hearing, revoke a permit for nonpayment of any fee required under
this Part or any resolution adopted by the Township Board of Supervisors,
including default of any check submitted for such payment.
3.
Civil enforcement procedure. Prior to revocation or other civil enforcement of any permit, except for nonpayment as specified in Subsection 2 of this section, the applicant shall be given notice and an opportunity for a hearing before the Township Board of Supervisors in accordance with the provisions of the Local Agency Law (2 Pa.C.S.A. §§ 551-555) and shall have a further right of appeal as set forth in 2 Pa.C.S.A. §§ 741-754.
4.
Additional civil enforcement, criminal enforcement, and fines. Any
person who violates any provision of this Part shall be subject to
civil enforcement and a fine not to exceed $600 per violation and/or
criminal enforcement, as a summary offense, with a criminal fine not
to exceed $1,000 per violation and imprisonment not to exceed 30 days.
Each day that a violation of this Part continues to exist shall constitute
a separate offense. Such civil enforcement, criminal enforcement,
and fines shall be in accordance with the provisions of 53 P.S. § 66601,
as amended.
