[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:
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.
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."
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:
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.
