[Adopted 5-10-1983 by Ord. No. 83-1]
This article is enacted pursuant to the authority
granted to Upper Frederick Township by the legislature of the Commonwealth
of Pennsylvania in the following duly enacted statutes:
A.
The sections of the Second Class Township Code, 53
P.S. § 65701 et seq., authorizing the Township to enact
ordinances dealing with the protection of the health of the Township
residents, refuse materials, nuisances and public safety.
B.
The applicable provisions of the Pennsylvania Solid
Waste Management Act, 35 P.S. § 6018.101 et seq.
As used in this article, the following terms
shall have the meanings indicated:
The discharge, deposit, injecting; 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 25 Pa. Code § 271.1.
Whenever used in this article, the term "Township" shall
refer to Upper Frederick Township.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person, association, company or entity wishing
to apply, dispose, spread or deposit municipal or private sewage sludge
or private residential septic tank pumpings 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 (DEP) for a permit.
B.
Copies of any and all materials, documents or drawings
submitted with said application to 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 mile
of the boundaries of the proposed land application site.
(5)
Soil classifications of the land application area.
(6)
Vegetation.
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 survey 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
Engineer 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.
A fee in an amount to be established from time to
time by resolution of the Board of Supervisors shall be required with
the application for all private residential septic tank pumpings.
For all other applications, there shall be an application fee accompanying
an application in the minimum nonrefundable amount to be established
from time to time by resolution of the Board of Supervisors. Said
application fee shall be used to offset all Township costs including
Township engineering fees. As and when said costs exceed the payment,
applicant shall pay as additional application fee the additional costs
incurred upon presentation of statements by the Township to the applicant.
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.
The Upper Frederick Township Planning Commission
shall review the application together with all submissions made by
the applicant and shall make recommendations thereon to the Board
of Supervisors of Upper Frederick Township.
[Amended 8-13-1998 by Ord. No. 98-4]
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 25 Pa. Code § 275C and D, 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, 500 feet of water supplies, 50 feet of
property lines and 300 feet of occupied dwellings.
C.
Slope concentrations. Application shall not take place
on the slopes exceeding 15%.
D.
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 as
part of the monitoring program.
E.
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 within 24 hours.
F.
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.
G.
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.
H.
Waste accumulations. Any ponding or standing accumulations
of said waste matter also is expressly prohibited.
I.
Weather conditions. Waste materials are not to be
applied when the ground is saturated, snow covered, frozen or during
periods of rain.
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 Montgomery
County, Pennsylvania.
K.
Septic system wastes. No dumping from septic tank
systems shall be permitted anywhere within the Township unless its
source is from a private residential septic system located within
the Township.
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 Planning Commission
of the Township for their review and comment. Further, the Board of
Supervisors may, in their discretion, schedule a public hearing pursuant
to public notice for the purpose 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
map which shall be shown as the Upper Frederick 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, 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 Engineer, 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 and
approved by the Township Solicitor. The escrow agent for the deposit
of such cash or security shall be located in Montgomery County and
shall be subject to approval by the Township Solicitor.
B.
Identification. In addition to the foregoing requirements,
all applicants for permits to utilize sludge upon property within
the Township of Upper Frederick shall, prior to the issuance of any
permit for sludge application and/or storage, deliver to the Township
a liability identification 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. 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 Engineer
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 properties 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.
[Amended 8-13-1998 by Ord. No. 98-4]
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.
