[Ord. No. 2024-268, 2/12/2024[1]]
1.
The purpose of this Part is to establish uniform standards for land
application and storage of food processing residual ("FPR"), as the
term FPR is defined by the Pennsylvania Department of Environmental
Protection ("PA DEP"), in the Township. While the Township recognizes
that PA DEP and the Courts of the Commonwealth have determined that
land application of FPR is a "normal agricultural operation"; and
that the land application of FPR should comply with PA DEP rules,
regulations, standards and best management practices, including those
set forth in the Food Processing Residual Management Manual, PA DEP
document number 245-5400-100, as may be amended or revised (collectively
"FPR Manual"). The Township also recognizes that it has an obligation
to protect public safety and to minimize the adverse effects of such
land application of FPR through the standards set forth in the following
provisions.
[1]
Editor's Note: This Part also repealed former Part 6,
Land Application of Food Processing Residual, adopted by Ord. No.
2023-259, 4/10/2023.
[Ord. No. 2024-268, 2/12/2024]
1.
Unless otherwise agreed, in writing, by permission of the owner of
the feature listed, the minimum setback of land application of FPR
from the listed features is as follows:
|
Feature
|
Setback
|
|---|---|
|
Property line
|
50 feet
|
|
Occupied buildings
|
300 feet
|
|
Individual (private) water well
|
300 feet
|
|
Public water well
|
300 feet
|
|
Upgradient from a surface water source
|
1,000 feet
|
|
Intermittent stream
|
100 feet
|
|
Perennial streams
|
100 feet
|
|
Exceptional value wetlands as defined by PA DEP or the Environmental
Protection Agency
|
100 feet
|
|
Sinkhole
|
100 feet
|
|
Sinkhole drainage area
|
100 feet
|
|
Perimeter of pond or undrained depression
|
25 feet
|
|
Bedrock outcrop
|
25 feet
|
2.
The above isolation distances shall be depicted on a USGS Map with
a scale not to exceed one inch equals 200 feet.
[Ord. No. 2024-268, 2/12/2024]
1.
Subject to compliance with all other provisions of this Part, land
application of FPR is permitted on land having slopes of less than
15%.
2.
Land application of FPR on land having slopes of greater than 15%
but less than 20% is permitted on such slopes with well-established
crop cover or adequate crop residue cover as required pursuant to
PA DEP guidelines and regulations applicable to land application of
FPR. Land application of FPR on slopes of 20% or more is discouraged.
3.
Application of FPR on slopes of 20% to less than 25% is only permitted
by subsurface injection approved by PA DEP.
4.
Application of FPR on slopes of 25% or greater is prohibited.
5.
For purposes of this Part, slopes shall be determined by the most
current United States Geological Survey ("USGS") slope maps or actual
topographical survey plan prepared and sealed by a surveyor professional
licensed in the Commonwealth of Pennsylvania. In the event of a conflict
between a USGS slope map and a sealed survey plan, the sealed survey
plan will be used to determine slopes.
[Ord. No. 2024-268, 2/12/2024]
1.
The regional groundwater depth under the site to which FPR will be
applied must be greater than four feet.
A.
For purposes of this Part, in the absence of actual measurements
performed and certified by a licensed hydrogeologist, regional groundwater
depth will be based upon USGS and Pennsylvania Geologic Survey.
B.
In the event that regional groundwater depths applicable to a proposed
FPR land application site are not available through USGS or Pennsylvania
Geologic Survey, actual groundwater depths, measured and certified
by a hydrogeologist must be provided.
2.
The minimum seasonal-high-water table depth under a site to which
FPR will be applied must be greater than 20 inches.
A.
The seasonal-high-water table is determined by the presence of mottling
as determined by a licensed hydrogeologist or soil scientist.
B.
If the FPRs to be applied are certified as FPRs which have been stabilized
by a "process that significantly reduces pathogens" and a "process
that further reduces pathogens" recognized as acceptable by PA DEP,
the seasonal-high-water table minimum depth may be reduced to 12 inches.
3.
The minimum bedrock depth under a site to which FPR will be applied
must be greater than 20 inches.
A.
Bedrock depth must be determined by a licensed hydrogeologist or
soil scientist.
B.
If the FPRs to be applied are certified as FPRs which have been stabilized
by a "process that significantly reduces pathogens" and a "process
that further reduces pathogens" recognized as acceptable by PA DEP,
the bedrock minimum depth may be reduced to 12 inches.
[Ord. No. 2024-268, 2/12/2024]
1.
Prior to the land application of FPR, the property owner to which
FPR is proposed to be applied must submit to the Township a farm conservation
plan for erosion and sediment control prepared in accordance with
Pennsylvania Code Title 25, Chapter 102 ("E & S Plan"). The E
& S Plan must be implemented and maintained by the property owner.
Township approval of the E & S Plan must be obtained prior to
the land application of FPR.
2.
Prior to the land application of FPR, if the land to which FPR is
to be applied is not clearly delineated (that is, for example, in
a meadow condition without a ploughed field or identifiable crop),
the property owner must mark the area to which FPR will be applied
(for example, by way of corner stakes and where boundaries change
direction).
[Ord. No. 2024-268, 2/12/2024]
1.
FPR for land application in the Township must meet the minimum quality
standards for "food processing wastes used for agricultural purposes"
required by PA DEP and Chapter 287 of Title 25 of the Pennsylvania
Code, as may be amended or restated from time to time.
2.
FPR for land application in the Township must not contain any "hazardous
waste" or "residual waste" as defined by Chapter 287 of Title 25 of
the Pennsylvania Code, or any non-FPR waste.
3.
The property owner of the land to which FPR will be applied must
provide, at their option, one of the following to the Township: A)
prior to land application, the results of the toxic characteristics
leaching procedure (TCLP) test, the American Society for Testing Materials
(ASTM) water leaching test, or such other test acceptable to the Township
on the FPR to be applied and a written certification, made under penalty
of perjury, that said results are true, correct and representative
of the FPR to be applied; or B) at least seven days prior to application,
a sample of the FPR to be applied, which sample must be sufficient
in form, substance and size for the toxic characteristics leaching
procedure (TCLP) test, the American Society for Testing Materials
(ASTM) water leaching test, or such other test acceptable to the Township.
In the event FPR is stored on site, in the alternative, the property
owner may choose to provide the Township with access to stored FPR
to conduct its own sampling, provided that such access is provided
10 days prior to application. Further, the property owner hereby authorizes
the Township to use the sample to conduct testing of the FPR to determine,
among other things, that the FPR does not contain substances that
would, for example, classify the FPR as residual waste or hazardous
waste under PA DEP regulations. In the event any test performed or
test results obtained under this section indicate that the FPR to
be land applied contains any substance that would reclassify the FPR
as residual waste or hazardous waste under PA DEP regulations, said
reclassified FPR shall not be land applied in the Township.
4.
The property owner of the land to which FPR are applied must provide
the Township with annual access to the lands upon which FPR is applied
in the event the Township desires to take samples of soil to verify
compliance. The property owner hereby authorizes the Township to use
the sample to conduct soil chemistry testing to ensure that the land
application of FPR is not introducing, for example, higher than acceptable
levels of heavy metals or synthetic organics onto the land. The lifetime
heavy metal loading rates of FPR applied to the land may not exceed
the limits set forth in the FPR Manual.
5.
The property owner of the land to which FPR are applied must provide the Township with an annual report, by the end of January for the prior fiscal year in which FPR is applied, which annual report shall include the minimum recordkeeping information set forth in the FPR Manual (see FPR Manual, Chapter 8). The Township reserves the right, but is not obligated, to conduct soil testing to verify information contained in the annual report.
6.
The property owner of the land to which FPR are applied must keep
a log of daily activities including, at a minimum, the following:
type, percentage of solids and weight or volume of FPR that is land
applied; name and mailing address of each generator of FPR that is
land applied; transportation records of FPR that is land applied (including
a chain of custody from FPR generator to land application); a sketch
of the area to which FPR are applied (for example, a USGS map overlaid
with an outline of the area to which FPR are applied); the FPR land
application rate; and pH records of the FPR applied. The aforementioned
log must be made available by the property owner to which FPR are
applied to the Township for inspection or copying, upon request by
the Township, and within one business day of the Township's request.
The log, or portions of it may be marked confidential by the property
owner; and, if marked as such, the Township will treat any physical
copy of the log as confidential, subject to disclosure requirement
under the Pennsylvania Right-to-Know Law.[1]
[1]
Editor's Note: See 65 P.S. § 67.101.
7.
In the event the FPR to be land applied must be stabilized pursuant
to PA DEP rules or regulations prior to application, the property
owner of the land to which FPR will be applied must provide a certification
acceptable to the Township that the FPRs have been stabilized by a
"process that significantly reduces pathogens" and a "process that
further reduces pathogens" recognized as acceptable by PA DEP, and
a summary of the manner of stabilization.
[Ord. No. 2024-268, 2/12/2024]
1.
Prior to storage of FPR in a holding tank or other structure affixed to the land (FPR storage tank"), or construction of an FPR storage tank, the property owner of the land on which an FPR storage tank is proposed to be located must provide the Township with a sketch plan and narrative plan ("FPR storage plan"), signed and sealed by engineer, architect, or other design professional acceptable to the Township and licensed in the Commonwealth of Pennsylvania, showing and certifying that the FPR storage and design of the FPR storage tank comply with all applicable local, state and federal rules, regulations and statutes, including this Part 6 and Pa. Code Title 25, Chapter 299, as applicable; and certifying that the size (volume) of the proposed FPR storage tank is a suitable size (and not oversized) for land application on the acreage of the tract of land on which the FPR storage tank is located. FPR stored in an FPR storage tank must only be applied to the parcel or contiguous tract of land upon which the FPR storage tank is affixed.
2.
The FPR storage plan must include a narrative describing proposed
notification, response, and clean-up measures to be implemented in
the event of a leak or spill of FPR from the FPR storage tank. The
FPR storage plan must also include a narrative describing proposed
maintenance and inspection schedule for the FPR storage tank to ensure
proper working order of the FPR storage tank and related improvements,
and the structural integrity of the FPR storage tank.
3.
The FPR storage plan must be submitted to the Township prior to use
or construction of an FPR storage tank. The FPR storage plan may be
updated or amended for time to time, with Township verification of
compliance.
[Ord. No. 2024-268, 2/12/2024]
1.
The property owner of the land to which FPR are proposed to be applied
must, or the owner of an FPR storage tank, as the case may be, prior
to the storage or application of FPR, submit a narrative plan to the
Township providing for a temporary and permanent water supply in the
event of contamination of a water supply by FPR ("water supply plan").
The water supply plan must provide a temporary water within 48 hours
of notice of contamination and a permanent water supply within 90
days of notice of contamination, and the estimated costs to provide
a temporary water supply and permanent water supply, and the means
by with the property owner intends to financially secure the costs
of implementing the temporary water supply and permanent water supply,
if required. Prior to storage or application of FPR, the property
owner of the land on which FPR are to be stored must submit to the
Township a water supply plan and provide adequate financial security
for the implementation thereof.
[Ord. No. 2024-268, 2/12/2024]
1.
Land application and storage of FPR must be conducted in a manner
that limits odors, vermin, ponding of liquids to those associated
with a normal agricultural operation.
2.
Land application and storage of FPR must not adversely impact soil
composition, ground water, the food chain or environment more than
a normal agricultural operation.
3.
FPR may not be applied to land where root vegetables which may be
eaten raw will be grown within two years of said FPR application.
[Ord. No. 2024-268, 2/12/2024]
1.
Prior to the storage or land application of FPR, or any change to
an existing FPR storage or land application activity, the property
owner of land upon which FPR are stored or applied must complete and
deliver to the Township a food processing residual land application
and storage compliance review form providing documentation and certification
that the storage and land application of FPR will comply with all
federal, state and local laws, rules, regulations and ordinances.
The provided documentation shall include at a minimum all documentation
the property owner and/or land applier submitted to the PA DEP.
2.
Upon receipt of a food processing residual land application and storage
compliance review form the Township will: review the documentation
provided to ensure compliance with all federal, state and local laws,
rules, regulations and ordinances; and mail a one-time notice to property
owners within 500 feet of the boundary of the tract upon which storage
or land application of FPR is proposed alerting them of the submitted
food processing residual land application and storage compliance review
form and recommending property owners review the testing guidelines
posted on the PA DEP website and test their private wells prior to
the commencement of FPR land application.
3.
The property owner of land upon which FPR are stored or applied,
on behalf of themselves, their successors and assigns acknowledges
and agrees that the Township will maintain records provided to it
and a list of parcels of land upon which FPR is stored or applied,
in a manner and for a length of time deemed administratively necessary
in the Township's sole discretion; and further acknowledges and
agrees that those records may constitute public records subject to
public disclosure under the Pennsylvania Right-to-Know Law[1] unless otherwise exempt thereunder.
[1]
Editor's Note: See 65 P.S. § 67.101.
4.
This Part is intended to supplement and not supersede the laws of
the Commonwealth or rules and regulations promulgated by PA DEP or
any other agency having jurisdiction over and application of FPR which
are more stringent than provisions hereof.
5.
If a law of the Commonwealth of Pennsylvania, law of the Federal
Government, holding of the Pennsylvania Supreme Court or holding of
the United States Supreme Court determines that land application of
FPR is not a "normal agricultural operation" this Part shall null
and void and automatically repealed.
[Ord. No. 2024-268, 2/12/2024]
1.
Any person who shall violate any provision of this Part 6, or who, being the owner of a lot, shall permit such violation to occur thereon, shall, upon conviction before a district judge, be sentenced to pay a fine of not less $1,000 for each separate offense plus costs and attorneys' fees incurred in the prosecution of such violation. Each day that FPR is land applied in violation of this Part 6 shall constitute a separate violation punishable by a separate fine or penalty. In addition to the penalty provisions herein, the Board of Supervisors may authorize institution of proceedings in equity to compel compliance with this Part and/or seek to enjoin temporarily or permanently the land application of FPR.
