[Adopted 8-3-1983 by Ord. No. 1-1983]
A. 
This article is enacted pursuant to the authority granted Springfield Township by the legislature of the Commonwealth of Pennsylvania in the following duly enacted Statutes:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The sections of the Second Class Township Code authorizing the Township to enact ordinances dealing with the protection of the health of the Township residents, refuse materials, nuisances and public safety, codified in 53 P.S. §§ 66527, 66529 and 67101 et seq., as amended.
(2) 
The applicable provisions of the Pennsylvania Solid Waste Management Act (Act of July 7, 1980, P.L. 380, et seq.), 35 P.S. § 6018.101 et seq., as amended.
B. 
It is the intention of the Supervisors of Springfield Township to exercise their full authority under the laws of Pennsylvania and of the United States and, therefore, any and all other applicable statutes duly enacted by state or federal government are cited as authority for the enactment of this legislation.
As used in this article, the following terms shall have the meanings indicated:
DISPOSAL
For hire, profit or economic gain, the discharge, deposit, injection, dumping, spilling, leaking or placing of any sewage sludge from a municipal or private treatment plant or pumpings from a private residential septic system into or on any land in the Township, provided that the spreading of poultry and livestock manure generated from conventional agricultural activities on crop land or farm land for agricultural purposes shall not be included within this term, and such activity shall not be regulated by this article.
SEWAGE SLUDGE
As defined in Chapter 75, Page 3, of the Pennsylvania Department of Environmental Protection Solid Waste Management Rules and Regulations, i.e., "The Coarse Screenings, Grit and Dewatered or Air Dryed Sludges, Septic Tanks and Holding Tank Pumping and Other Residues From Sewage Collection and Treatment Systems Which Require Disposal."
TOWNSHIP
Whenever used in this article, the term "Township" shall refer to Springfield Township, Mercer County, Pennsylvania.
Any person, association, company or entity wishing to apply, dispose, spread or deposit municipal or private sewage or private residential septic pumpings for hire, profit or economic gain on any lands or property within the Township shall first submit an application to the Township containing the following information:
A. 
A copy of its application to the Department of Environmental Protection (PA DEP) for a permit.
B. 
Copies of any and all materials, documents or drawings submitted with said application to PA DEP.
C. 
A description of the proposed application program including the sources of the sludge and how it is to be transported to the site, a time table for application, a description of any storage operations, the proposed utilization rate, the total acreage involved and the useful life of the proposed site.
D. 
Topographical drawing, prepared by a registered engineer, to a scale no greater than one inch to 200 feet showing:
(1) 
Location of the site relative to public roads;
(2) 
Identity of owners of adjacent properties;
(3) 
Boundaries of the area to be used for land application;
(4) 
Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within 1/4 of one mile of the boundaries of the proposed land application site;
(5) 
Soil classifications of the land application area;
(6) 
Vegetation;
(7) 
Deed references of site and adjacent property owners.
E. 
A soils and geologic report indicating the physical characteristics of the site with respect to its suitability for application of sludge. The report shall be based on available soil surveys and geologic data, and accompanied by field test analysis. Field tests shall include:
(1) 
Soil borings by a soil scientist to confirm actual soil profile characteristics are consistent with published soil survey data.
(2) 
Groundwater monitoring well shall be established to test water quality prior to, during and after the application program. Groundwater composition shall be included in the application, along with subsequent quarterly monitoring during the application program. The location of the monitoring well shall be approved by the Township Building Inspector prior to drilling. In the event that groundwater is found to flow in several directions, a monitor well for each direction shall be required.
F. 
A chemical analysis of the sludge from each proposed source. The analysis shall be done by an independent laboratory approved by the Township and shall involve a minimum of four samples. The analysis shall include the following items:
(1) 
Total moisture content.
(2) 
Percent total nitrogen (wet and dry weight).
(3) 
Percent ammonia nitrogen (wet and dry weight).
(4) 
Percent organic nitrogen (wet and dry weight).
(5) 
Biochemical oxygen demand.
(6) 
pH.
(7) 
Percent on a dry-weight basis of cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury, molydnum and other toxic substances and enteric pathogens.
G. 
For all applications there shall be an application fee accompanying an application in the minimum nonrefundable amount as established by resolution of the Board of Supervisors from time to time. Such application fee shall be used to offset all Township costs, including Township engineering fees. As and when said costs exceed the initial fee payment, the applicant shall pay an additional application fee to offset the additional costs incurred upon presentation of statements by the Township to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
A copy of the agreement between the generator of the sludge or the hauler and applicator and the landowner showing provisions as to the term of the agreement, the operation to be carried out in spreading sludge, and the keeping of records.
I. 
Where the proposed application of sludge involves a leasehold arrangement between the owner of the property and the party applying the sludge, a land development plan shall be prepared and filed in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Board of Supervisors of Springfield Township shall refer all applications, together with all submissions thereto, to the Mercer County Planning Commission for comment thereon.
The standards for application of sludge to the land shall be in accordance with the currently adopted standards of the Pennsylvania Department of Environmental Protection as set forth in Chapter 75, Title 25, Rules and Regulations, Department of Environmental Protection, except that the following additional requirements shall be imposed:
A. 
Area. No site shall be approved which contains less than 20 contiguous acres.
B. 
Setback requirements. Sludge shall not be applied within 250 feet of a stream, perennial or intermittent, 500 feet of water supplies, 50 feet of property lines and 300 feet of occupied dwellings.
C. 
Testing. Chemical analysis and laboratory testing of the sludge from each source may be required by the Township at applicant's expense by an independent laboratory selected or approved by the Township Supervisors to insure sludge content remains within the limits established by the Pennsylvania Department of Environmental Protection, but shall include a minimum of four samples a year from each source as a part of the monitoring program.
D. 
Soil coverage. Waste materials so applied to the land shall be injected under the surface of the soil or, if spread on the surface, shall be plowed under or disked into the ground within 24 hours of application.
E. 
Soil analysis. The soil analysis at applicant's expense and performed by an independent laboratory selected and approved by the Township shall be performed semiannually and results shall be provided immediately to the Township.
F. 
Waste material storage. Waste materials shall be applied to the land immediately upon delivery to the site and shall not under any circumstances be stored upon the site for any purpose or for any period of time.
G. 
Waste accumulations. Any ponding or standing accumulations of said waste materials is expressly prohibited.
H. 
Weather conditions. Waste materials are not to be applied when the ground is saturated, snow-covered, frozen or during periods of rain.
I. 
Waste materials. Waste materials 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.
J. 
Sources of sewage sludge. No sewage sludge shall be permitted to be applied anywhere within the Township unless its source is from a municipal or private treatment facility located within Mercer County, Pennsylvania.
K. 
Septic system wastes. No dumpings from septic tank systems shall be permitted anywhere within the Township unless its source is from a private residential septic system located within Mercer County.
L. 
Records. The applicant shall maintain records of quantities, dates, sources and location of the above-described waste and shall furnish copies of said records to the Township upon request.
A. 
The Board of Supervisors shall, within 90 days following the full submission of the application, render a final decision and shall by official written communication to the applicant, either:
(1) 
Approve the application as presented;
(2) 
Disapprove the application as presented; or
(3) 
Approve the application subject to specified conditions, the failure to comply with which shall provide grounds for revocation of such approval.
B. 
Within said ninety-day period, the Board of Supervisors shall transmit copies of said application to the Mercer County Planning Commission for their review and comment. Further, the Board of Supervisors may, in its discretion, schedule a public hearing pursuant to public notice for the purposes of reviewing said application and receiving the comments of the public.
Any land within the Township which has been used for the purposes hereinabove discussed shall be designated on a map which shall be shown as the Springfield Township Disposal Area Map, which shall be available for inspection through the Secretary of the Board of Supervisors. Any property owner whose land has been used as hereinabove discussed shall not at any time sell, transfer, convey or otherwise dispose of his/her said property without first informing any proposed purchaser, lessee, assignee or grantee, in writing, that his/her said land has been used for such purposes.
A. 
Performance bond. In order to assure the Township that the various tests and duties imposed upon an applicant by this article are fully performed, sufficient surety for such performance shall be posted by an applicant before issuing any permit. The applicant shall assure the Township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Township Building Inspector, of performing the various tests and duties imposed upon him by this article over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as shall be approved by the Township Solicitor to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the Township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the Township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared or approved by the Township Solicitor. The escrow agent for the deposit of such cash or security shall be located in Mercer County and shall be subject to approval by the Township Solicitor.
B. 
Indemnification.
(1) 
In addition to the foregoing requirements, all applicants for permits to utilize sludge upon property within Springfield Township shall, prior to the issuance of any permit for sludge application, deliver to the Township a liability indemnification with bond good for the useful life of the proposed site plus five years, on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which, the applicant, individually and with surety, specifically agrees to fully indemnify and hold harmless the Township and all of its officers, agents and employees from any and all liability, expense or damages whatsoever and litigation defense costs accruing to any of the same as a result of any use of any land in the Township pursuant to the provisions hereof.
(2) 
The amount of the indemnification bond shall be equal to the costs of removal and/or clean up of any site and any engineering or legal fees pertaining thereto as estimated by the Township Building Inspector and Township Solicitor at the time of issuance of any permit plus 15% per year thereof for the useful life of the site plus five years.
The Board of Supervisors shall require the applicant to submit to the Township an insurance policy covering liability for any harm to persons and/or damage to property resulting from the aforesaid activities. Said insurance policy shall be in full force and effect for the entire duration of the above operations and for at least two years following the termination of said operations. The amount of said insurance coverage shall be specified by the Board of Supervisors based upon their judgment as to the potential for harm or damage.
The provisions of this article shall be severable and if any of its provisions shall be held to be unconstitutional, illegal, invalid or preempted by any other law, such a decision shall not affect the validity of any of the remaining provisions of this article.
For any and every violation of the provisions of this article, the owner, general agent, or contractor for the premises where such violation has been committed or shall exist, and the lessee or tenant of premises where such violation has been committed or shall exist, and the owner, general agent, contractor, 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 be liable on conviction thereof to a penalty not exceeding $500 for each and every offense, and whenever such person shall have been notified by the Township Secretary by service of summons in a prosecution, or in any other way, that he is committing such violation of this article, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.
The Township shall issue cease and desist orders if any affluent application violates the provisions of any Department of Environmental Protection regulation, or any violation of the provisions of this article, or there shall be evidence that the operation is causing an immediate health or sanitation problem.
Nothing in this article shall be construed so as to supersede or set aside any lawful requirement imposed by the Pennsylvania Department of Environmental Protection.