[Ord. No. 2023-259, 4/10/2023]
The purpose of this Part is to establish uniform standards for
land application 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," 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.
[Ord. No. 2023-259, 4/10/2023]
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:
B. Occupied buildings: 300 feet.
C. Individual (private) water well: 300 feet.
D. Public water well: 300 feet.
E. Upgradient from a surface water source: 1,000 feet.
F. Intermittent stream: 100 feet.
G. Perennial streams 100 feet.
H. Exceptional value wetlands as defined by PA DEP or the Environmental
Protection Agency: 100 feet.
J. Sinkhole drainage area: 100 feet.
K. Perimeter of pond or undrained depression: 25 feet.
L. Bedrock outcrop: 25 feet.
[Ord. No. 2023-259, 4/10/2023]
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. 2023-259, 4/10/2023]
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 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 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. 2023-259, 4/10/2023]
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 landowner of the land to which FPR will be applied must provide,
at their option, one of the following to the Township: 1) 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 2) 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 landowner
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 landowner 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 landowner of the land to which FPR are applied must provide the
Township with annual access to the lands upon which FPR is applied
so that the Township may take samples of soil. The landowner 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.
5. In the event the FPR to be land applied must be stabilized pursuant
to this Part prior to application, the landowner 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. 2023-259, 4/10/2023]
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
attorney's 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.
2. The Township, by allowing land application of FPR or taking any other
action pursuant to this Part 6, does not waive, reduce, lessen, or
impair the lawful police powers vested in the Township under applicable
federal, state, and local laws and regulations.
[Ord. No. 2023-259, 4/10/2023]
1. 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.
2. 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 6 shall be
null and void and automatically repealed.