[HISTORY: Adopted by the Board of Supervisors of the Township
of Nottingham 5-7-1984 by Ord.
No. 31. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Waste Disposal
Ordinance of Nottingham Township of 1984."
The purpose of this chapter is as follows:
A.
To prohibit the discharge of all hazardous and toxic wastes within
Nottingham Township.
B.
To regulate the discharge of liquid wastes, sewage sludge, and human
and animal wastes upon property situated within Nottingham Township.
C.
To preserve the fragile environmental qualities of all land within
the Township including but not limited to the protection of groundwater
supplies.
D.
To promote, protect and facilitate the public health, safety and
general welfare of all Township citizens by preventing excessive discharge
of potential contaminants.
E.
To provide methods of allowing certain human and animal wastes generated
within the Township to be used as agricultural nutrients for actively
farmed properties but to prevent excessive land application of such
wastes.
The following definitions shall be applicable:
Poultry and livestock manure or residual materials in liquid
or solid form, generated in the production, maintenance, and/or marketing
of poultry, livestock, fur-bearing animals, and their products. It
includes the residual materials generated in producing, harvesting,
and marketing of all agronomic, horticultural, silvicultural, and
aquacultural crops or commodities grown on what are usually recognized
and accepted farm, forests, or other agricultural lands.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A solid or liquid waste or a combination of solid or liquid
wastes which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness; or pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of or otherwise managed.
The customary and generally accepted activities, practices,
and procedures that farmers adopt, use, or engage in year after year
in the production, maintenance and/or preparation for market poultry,
livestock, and their products and the production and harvesting of
agricultural, agronomic, horticultural, silvicultural, and agricultural
crops and commodities. It includes the storage, composting and utilization
of agricultural and food process wastes for animal feed and includes
the agricultural utilization of septic tank cleanings. It also includes
the management, collection, storage, composting, transportation and
use of manure, other agricultural waste, and food process waste on
land where such materials will improve the condition of the soil and
the growth of crops, or will aid in the restoration of the land for
the same purposes.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
It includes the following:
SEPTIC TANKA watertight receptacle which receives domestic sewage and is designed and constructed to provide for sludge storage and sludge storage and sludge decomposition and to separate solids from the liquid through a period of detention before allowing the liquid to be discharged to a subsurface absorption area.
AEROBIC SEWAGE TREATMENT TANKAny unit incorporating, as a part of the treatment process, a means of introducing air and oxygen into the residential sewage held in a storage tank or tanks so as to provide aerobic biochemical stabilization during a detention period prior to its discharge in to a subsurface absorption area.
A.
General. The Board of Supervisors of Nottingham Township recognizes
that legal control of waste disposal has been delegated to the Pennsylvania
Department of Environmental Protection (DEP) under Act of July 7,
1980, P.L. 380, No. 97, Section 101 et seq. (35 P.S. § 6018.101
et seq.). It is not the intention of the Township to abrogate such
authority granted to DEP. Moreover, it is the intention of the Board
of Supervisors to impose additional requirements to meet the needs
of public safety and public health of all Township residents.
B.
Prohibited discharge and storage. It shall be unlawful to store,
dump, discharge, or to place in or upon the ground or waters located
within Nottingham Township, Washington County, Pennsylvania, any quantity
of toxic or hazardous wastes as such are identified in 40 CFR Part
261, Identification and Listing of Hazardous Waste, as amended (published
in the Federal Register, Vol. 45, No. 98, Monday, May 19, 1980) as
may be amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Regulated and controlled discharge. It shall be unlawful to place,
dump or otherwise discharge onto the ground or waters located in Nottingham
Township, Washington County, Pennsylvania, any liquid waste, sewage
sludge or the product of any sewage treatment plant or facility, septage,
or human and animal waste generated either from sources within, or
outside the geographical limits of said Township. Further it shall
be lawful to discharge only animal wastes generated by farm animals
kept and maintained as a part of normal operations located within
said Township; and human wastes derived from residential septic tanks
or aerobic treatment tanks serving residences located within said
Township onto ground which is actively farmed or kept in pasture,
and is located within said Township, subject to the following limitations:
(1)
Recognized commercial fertilizer and commercial manure typically
used in agricultural operations shall be exempt from these regulations.
(2)
Any active local farmer or farming operation spreading animal wastes
generated entirely from within said farm into the same farm shall
be exempt from these limitations, but shall meet all regulations established
by DEP.
(3)
Any human waste derived from septic tanks connected to residences
located within the Township. Any animal wastes generated by farm animals
kept or other farms within the Township may be applied to any actively
farmed ground within the Township provided DEP permits are secured
and the following requirements are met:
(a)
All permits required by DEP regulations shall be met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
A copy of the application made to DEP and the permit issued
by DEP shall be provided to the Township.
(c)
All such human and animal wastes applied must be plowed under
or properly dispersed, injected, and/or disked into the ground within
24 hours of application.
(d)
Permitted human and animal wastes shall not be applied to soil
areas which have:
[1]
Bedrock within 20 inches of the ground surface.
[2]
A seasonal high-water table or permanent groundwater within
48 inches of the ground surface.
[3]
Ground slopes exceeding 12%.
[4]
Surface ponds or depressions larger than 10 square feet.
[5]
Characteristics other than USDA classes for sandy loam, loam,
sandy clay loam, silty clay loam and silt loam.
[6]
A pH less than 6.5, or which cannot be maintained at a pH level
of 6.5 or greater.
(e)
All of the characteristics listed in Subsection C(3)(d) above shall be determined by a professional geologist, hydrogeologist, or soil scientist and shall be submitted in report format to the Township with an application to the Township for a permit to apply such discharge.
(f)
Permitted human or animal wastes may not be applied and are
prohibited in the following areas, except for active farming:
[1]
Within 200 feet of any stream, perennial or intermittent.
[2]
Within 500 feet of any water supply or domestic well, or other
such potable water supply.
[3]
Within 250 feet of bedrock outcrops.
[4]
Within 100 feet of property lines or within 500 feet of any
occupied residence or dwelling.
[5]
Within 100 feet of public road.
(g)
In the application to the Township, adequate maps showing the
exact area of discharge shall be included along with:
[1]
A narrative describing the source of effluent, the application
rate, the chemical composition of effluent, the dates of application
and a statement as to the nutrient need for each of application.
(h)
The applicant shall agree to provide, as requested, random samples
of each load of effluent to be discharged so as to provide up to a
3% sample of all effluent applied, which shall be chemically treated
and analyzed once per month (at cost borne by the applicant).
(i)
The applicant shall provide an escrow account to be deposited
with the Township and in the amount to be determined by the Township
as reasonably necessary to assure that accidental road spills are
properly cleaned and to assure that costs of inspection by the Township,
including chemical testing, are fully covered at applicant's cost.
(j)
The Township shall issue cease and desist orders if any effluent
application violates the provision of any DEP regulations, or any
violation of the provisions of this chapter, or there shall be evidence
that the operation is causing an immediate or imminent health or sanitation
problem or public or private nuisance.
(k)
Complete application forms shall be provided by the Township
for any permit required hereunder.
A.
Hazardous or toxic wastes. It shall be unlawful to provide temporary or permanent storage for hazardous wastes identified in § 404-4B of this chapter at any place or on any property or street within Nottingham Township. If there are existing, legally approved storage facilities for such hazardous wastes at the time of enactment of this chapter, such storage shall be:
(1)
Fully fenced with ten-foot-high cyclone security fencing with locked
gates.
(2)
Have adequate security lighting to fully illuminate said storage
area dusk to dawn.
(3)
Be limited to not more than 10,000 gallons of stored liquid or 5,000
pounds of stored solids, all within a transportable vehicle, and said
vehicle shall not remain on the property for more than 24 hours.
(4)
Any vehicle containing such hazardous wastes, while temporarily stored,
shall be located within and be completely surrounded by an earth berm,
fully lined with impervious liner throughout, having a containment
capacity of not less than 15,000 gallons. All earth surfaces within
such containment area shall be made totally impervious to infiltration
by water or any other liquid.
B.
Human and animal wastes. If human wastes or animal wastes are stored
temporarily (up to 48 hours) in a transportable vehicle while awaiting
land application, the vehicle shall be parked away from any public
road, in a secure area which is impounded by an earth berm capable
of containing an accidental discharge, and at least 200 feet from
any residence. Storage for more than 48 hours is prohibited except
animal wastes generated on the premises of a normal active farming
operation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, owner, general agent, and/or contractor for the
premises where such violation has been committed or shall exist, and
the lessee or tenant of any premises in which part such violation
has been committed or shall exist, or any other person who knowingly
commits, takes part, or assists in any such violation, or who maintains
premises in which any such violation shall exist, shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense.
