[Adopted 12-13-1993]
This article is enacted pursuant to the authority
granted to Mahoning Township by the Legislature of the Commonwealth
of Pennsylvania in the following duly enacted Statutes:
A.
The Sections of the Second Class Township Code (Act
of May 1, 1933, P.L. 103 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, codified
in Volume 53 of Purdons Consolidated Statutes of the Commonwealth
of Pennsylvania at 53 P.S. §§ 67101 through 67107,
66529 and 66527, as amended.[1]
B.
The applicable provisions of the Pennsylvania Solid
Waste Management Act (Act of July 7, 1980, P.L. 380 et seq.) codified
in Purdons Consolidated Statutes of the Commonwealth of Pennsylvania
at 35 P.S. § 6018.101 et seq., as amended.
As used in this article, the following terms
shall have the meanings indicated:
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 Mahoning Township.
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 1/2 of one
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 per year
at least three months apart. 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, molybdenum
and other toxic substances and enteric pathogens.
G.
An application fee, which shall be as set in accordance
with the fee schedule established from time to time by 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 which shall be as set in accordance with the
fee schedule established from time to time by 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 minimum
nonrefundable payment set forth above, the applicant shall pay as
additional application fee the additional costs incurred upon presentation
of statements by the Township to the applicant.[1]
H.
A copy of the agreement between the generator of the
sludge or the hauler and applicator and the land owner 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.[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
The Mahoning 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 Mahoning Township.
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, 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 to an average depth of six inches 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 materials 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 Montour
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
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:
1) approve the application as presented; 2) disapprove the application
as presented; or 3) approve the application subject to specified conditions,
the failure to comply with which shall provide grounds for revocation
of such approval.
B.
Within said ninety-day period, the Board of Supervisors
shall transmit copies of said application to the Planning Commission
of the Township for its 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 Mahoning 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 Montour 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 the Township of
Mahoning shall, prior to the issuance of any permit for sludge application
and/or storage, 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 cleanup 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.
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.
[Added 8-20-2007]
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 District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. 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.
