[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-5-1975 by Ord.
No. 112]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall install, construct, or request bid proposals
for construction, or alter an individual sewage system or community
sewage system or construct or request bid proposals for construction,
or install or occupy any building or structure, for which an individual
sewage system or community sewage system is to be installed without
first obtaining a permit indicating that the site and the plans and
specifications of such system are in compliance with the said Pennsylvania
Sewage Facilities Act[1] and the rules, regulations and standards adopted by the
Department of Environmental Protection pursuant to said Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The fees for all permits issued hereunder shall be as from time
to time fixed by resolution of the Township Supervisors.
Penalties for the violation of this article shall be as provided
by law.
[Adopted 5-11-1987 by Ord. No. 1987-02]
The following words and phrases, when used in this article,
shall have the meanings given to them in this section.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is admitted into the air or is discharged
to the waters of the Township.
The customary and generally accepted activities, practices
and procedures that farms adopt, use or engage in year after year
in the production and preparation for market of poultry, live stock
and their products, providing that such operations are conducted in
compliance with applicable laws and provided that the use and disposal
of these materials will not pollute the air, water or other natural
resources of the Township. It includes the storage and utilization
of agriculture and food process waste for animal feed and includes
the agriculture utilization of septic tank cleanings and sewer sludges
which are generated off-site. It includes the management, collection,
storage, transportation, use or disposal of manure, other agriculture
waste and food-processing waste on land where such materials will
improve the condition of the soil, the growth of crops or the the
restoration of the land for the same purposes.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, imprisonment or penalty or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
The sewage treatment residues, screenings and dried sludge
from sewage treatment plants or from any other source.
The sewage treatment residues, screenings and dried sludge
from sewage treatment plants or from any other source.
Any waste, including but not limited to garbage, refuse,
human waste, residual or hazardous wastes including solid liquid,
semisolid or contained gaseous materials.
No person shall store or dispose of any septic tank cleanings,
sewage, solid waste, sewage sludge and sewage waste within Polk Township unless said person
holds a valid permit for such purpose as may be required by the Pennsylvania
Department of Environmental Protection pursuant to the Pennsylvania
Solid Waste Management Act 1980, July 7, P.L. 380, No. 97, Section
101 et seq., 35 P.S. § 6018.101 et seq., and further holds
a valid permit required and issued in the name of such person for
such purpose by the Polk Township Board of Supervisors, which permit
shall be issued pursuant to the provisions of this article.
Application for issuance of Township permit.
A.
No Township permit issued under this article shall be issued unless
the person making application shall have first been issued a valid
permit by the Pennsylvania Department of Environmental Protection
pursuant to the Solid Waste Management Act, as amended.
B.
An application for a Township permit to be issued pursuant to this
article shall be made in such form as may be required by the Township
on such form as may be provided by the Township and shall be accompanied
by a copy of the permit issued by the Pennsylvania Department of Environmental
Protection, a plan of the land or area where the waste or sewage is
proposed to be deposited, prepared by an engineer or surveyor, registered
in the Commonwealth of Pennsylvania, together with a soil map showing
the soil types for said site and further accompanied by an application
fee in an amount as set by the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Upon submission of all documents required by this article and upon
payment by the applicant of the application fee and the permit fee
required hereunder, the Township Supervisors shall schedule a public
hearing upon due notice in accordance with law, for input from any
Township resident or property holder claiming that said residence
shall be affected by the issuance of the permit. Upon conclusion of
a hearing, if it is determined by the Township that issuance of the
permit will not adversely affect the health, safety and welfare of
the Township, then a permit shall be issued; said permit to be valid
for a period of one year, which permit shall authorize the applicant
to deposit sewage sludge or waste upon the land set forth in the permit
application, subject to the requirements and standards set forth in
this article and subject to the requirements established by the Pennsylvania
Department of Environmental Protection.
D.
The applicants shall submit a descriptive narrative denoting the
source of the sewage sludge or waste, the proposed application rate
per acre, and the total amount to be applied during the agricultural
utilization.
A.
Any permit issued hereunder shall not be transferable without the
prior approval of the transfer by the Township.
B.
Any permit issued hereunder shall be conditioned upon the following
requirements:
(1)
No waste shall at any time be deposited or spread so as to discharge
into lake, stream, pond, well or other natural or artificial watercourse.
(2)
No sewage sludge or sewage waste shall be deposited or spread on
lands where the location of such would constitute an odor, nuisance
or health hazard to surrounding property owners.
(3)
The applicant shall cause sewage sludge to be mixed into or turned
under the surface within 24 hours of application.
(4)
Sewage shall not be applied when the ground is saturated, covered
with snow or frozen, or during periods of rain.
(5)
Sewage shall be spread or sprayed in thin layers so as to prevent
ponding or standing accumulations of liquids or sludge.
(7)
Site characteristics.
(a)
Suitable soil shall be those who that fall within the USDA textural
classes of sandy loam, loam, sandy clay loam, silty clay loam and
silt loam.
(b)
The soil shall have a well-developed solum with a minimum depth
of 20 inches to bedrock.
(c)
A minimum depth of 20 inches to seasonal high-water tables shall
exist.
(d)
Existing slopes on the site shall not exceed 12%.
(e)
No closed depression shall exist on site.
(f)
Soil pH shall be 6.5 or greater; except that the pH may be adjusted
by the addition of lime or other suitable material. The pH must be
maintained at 6.5 or greater during the operation life of the site
and for two years after closure of site.
(g)
Depth to the permanent groundwater table shall be a minimum
of four feet.
Applicant shall maintain records of quantities, dates and locations
of sludge application and shall furnish copies of such records to
the Township or its designee upon request of the Township.
Pursuant to the provisions of 3 P.S. § 951 et seq.,
the provisions of this article shall not apply to any normal agricultural
operation so long as said agricultural operation does not have a direct
adverse effect on the public health and safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Prior to the issuance of any permit hereunder, applicant shall
pay an annual permit fee to the Township in an amount as set by the
Board of Supervisors, which fee shall be utilized as needed by the
Township to cover the expenses of inspection, supervision and control
of all applications and permits granted under this article. Any permit
issued hereunder shall be valid for a period of one year. Any application
for a renewal or continuation of said permit shall be subject to all
of the provisions of this article, and applicant shall be required
to submit all information required by this article, to pay an additional
application fee.
