Article V Land Application of Sewage Sludge

To protect the health, safety and general welfare of all Township citizens and other persons by seeking to prevent exposure to any toxic or other harmful material contained in sewage sludge including but not limited to, heavy metals, pathogens, radioactivity and toxic and carcinogenic chemicals as provided by Section 503.5 of Subchapter 0, Chapter 1 of Title 40, Code of Federal Regulations.

To seek to preserve the surface waters and aquifers that contribute to a healthy environment and to seek to preserve the natural environmental quality of all land and its flora and fauna within the Township.

To seek to preserve and protect agriculture and agriculture related activities and to seek to preserve a productive land base and climate for future generations.

To register land application sites and the land application process to assure compliance with PA DEP permit requirements and to provide local registration, inspection and enforcement by PA DEP.

Interpretation or implementation of this article shall give priority to the purposes stated in Subsection A over such considerations as economics, efficiency and scheduling factors.

The federal and state government have established regulations for the land application of sewage sludge. These regulations have been incorporated into this article. The following regulations apply to the land application of sewage sludge as of December 1997.

A person may not apply sewage sludge in a way that will cause surface or groundwater pollution, cause or allow the attraction, harborage or breeding of vectors, cause or allow emissions of any malodorous air contaminants under Pa. Code, Title 25, Section 123.31(b), adversely affect private or public water supplies, or cause any public nuisance. [25 Pa. Code, Chapter 271, Subchapter J, § 271.902(g)]

No sewage sludge shall be applied to the land where such application shall constitute an environmental or health hazard or otherwise cause a nuisance.

No properties other than the permitted site shall be exposed to sewage sludge.

Sewage sludge shall not be deposited on any land in Hellam Township if the sewage sludge exceeds state and federal standards for land application of sewage sludge.

Soil pH shall be 6.0 or greater prior to the land application and shall be maintained at 6.0 or greater for the life of land application operations and for two additional years following the last application of sludge to the site.

All sewage sludge applied to land in Hellam Township shall not be applied to the land at a rate that is greater than the agronomic rate. [25 Pa. Code § 271.915(f)]

ADMINISTRATIVE COMPLETENESS

Current regulations require that the following crop harvest restrictions for crops grown on sewage sludge sites be followed.

	Crops Harvest Period Prohibited
	Food crops (above soil)	24 months
	Food crops (below soil)	38 months
	Feed crops (after application)	30 days
	Animal grazing (after application)	60 days

This article does not apply to exceptional quality sewage sludge defined by federal and state regulations.

§ 380-37 Definitions.

The following terms shall have the meanings defined in this section wherever they are used in this article:

ADJACENT AREAS

Lands that abut a sewage sludge site within the boundaries of the property on which the site is located.

An application is administratively complete if it contains the necessary analyses, fees, documents and information, regardless of whether the analyses, fees, documents and information would be sufficient for the issuance of the permit, or the determination of applicability. (25 Pa. Code, Chapter 271, Subchapter I, § 271.822)

APPLICANT

Site registration application is the preparer of sewage sludge for use, incineration or disposal.

Land application registration applicant is the person responsible for complying with PA DEP and federal regulations governing the application of sewage sludge to the land.

BENEFICIAL USE

Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes where the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, where the use does not harm or threaten public health, safety, welfare or the environment. (25 Pa. Code, Chapter 271, Subchapter A, § 271.1)

DEP

Pennsylvania Department of Environmental Protection.

INSPECTION

Preapplication inspection and post-application surveillance and reporting on land applications of sewage sludge.

LAND APPLICATION

The spraying or spreading of sewage sludge onto the land surface for beneficial use; the injection of sewage sludge below land surface for beneficial use, or the incorporation of sewage sludge into the soil for beneficial use so that the sewage sludge can either condition the soil or fertilize crops for vegetation grown in the soil. (25 Pa. Code, Chapter 271, Subchapter J, § 271.907)

ORDINANCE

The Land Application of Sewage Sludge Ordinance of Hellam Township and any subsequent amendment thereto.

PATHOGENS

Pathogenic organisms are disease-causing organisms that include but are not limited to, certain bacteria, protozoa, viruses and viable helminth ova.

PERSON

Any individual, natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, city, county, municipality, district or other political subdivision, department, bureau, agency or instrumentality of federal, state or local government, contractor, or any officers, agents, employees, factors, or any kind of representatives of any thereof, in any capacity acting either for himself, or for any other person, under either personal appointment or pursuant to law, or other entity recognized by law as the subject of rights and duties. The masculine, feminine singular or plural is included in any circumstances.

POLLUTANT

An organic substance, an inorganic substance, a combination of organic substances, a pathogenic organism or another substance identified by the Department (PA DEP) that, after discharge and upon exposure, ingestion, inhalation or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Department, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformation in either organisms or offspring of the organisms. (25 Pa. Code, Chapter 271, Subchapter J, § 271.907)

POLLUTANT LIMIT

A numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge, (for example, milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (for example, pounds per acre or kilograms per hectare); or the volume of a material that can be applied to a unit area of land (for example, gallons per acre or liters per hectare). (25 Pa. Code, Chapter 271, Subchapter J, § 271.907)

PRETREATMENT USER

All users subject to the national pretreatment standards under 40 CFR, Chapter 1, Part 403, as amended.

REGISTRATION

Site registration. Document which confirms that the proposed site meets all federal, state and local regulations pertaining to land application of sewage sludge.

Land application registration. Authorization to land apply sewage sludge on agricultural lands in Hellam Township.

Annual updates. Annual renewal of site registration.

SEWAGE SLUDGE

Liquid or solid sludges and other residues from a municipal sewage collection and treatment system, and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes materials derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment systems, or grit, screenings and nonorganic objects from septic and holding tank pumpings. (25 Pa. Code, Chapter 271, Subchapter A, § 271.1)

SITE/SEWAGE SLUDGE SITE

A surveyed area of agricultural land used for the application of sewage sludge.

TOWNSHIP

References Hellam Township and/or Hellam Township Board of Supervisors or their agents.

TRANSPORTATION

The conveyance of sewage sludge from one point to another.

TREATMENT WORKS

Either a federally owned, publicly owned or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. (25 Pa. Code, Chapter 291, Subchapter J, § 291.907)

WATER SOURCE

Groundwater, spring or surface water which is used for human use or consumption.

§ 380-38 Authority.

This article is adopted and enacted pursuant to the authority granted to the Township by all relevant state and federal laws, including but not limited to the following:

The provisions of the Second Class Township Code, Article VII, as codified in 53 P.S. § 65701 et seq., authorizes the Township to enact ordinances dealing with the protection of the Township residents health, regulation of refuse material and nuisances and promotion of public safety.

The provisions of the Second Class Township Code, Article VII, as codified in 53 P.S. § 65101 et seq., to provide for the protection and preservation of the natural resources, human resources, and to promote protect and facilitate public health, safety and welfare; to preserve and protect farm land, woodland and the recreational uses of the land within the Township.

Act 537, Hellam Township Official Sewage Plan, as updated 1992.

And recognizes the additional authority of:

Pennsylvania Constitution, Article I, Section 27.

Municipal waste regulations, 25 Pa. Code, § 271 et seq., unless otherwise specified.

Pennsylvania Air Pollution Control Act, 35 P.S. § 4001 et seq.

Clean Air Amendment of 1977, 42 U.S.C. §§ 7416 and 7422.

Safe Drinking Water Act, 1974, of Federal Regulations, as amended, 1986.

Right To Know Act, 42 U.S.C. § 11011 et seq. and corresponding regulations; 35 P.S. § 7301 et. seq. and corresponding regulations.

Nutrient Management Act, 25 Pa. Code, Chapter 83, as amended.

(8)

General pretreatment regulations for existing and new sources of pollution, 40 CFR, Part 403.

§ 380-39 Registration.

It shall be unlawful for any person to apply sewage sludge for any purpose to any lands within the limits of Hellam Township unless he holds a valid permit for such purpose or purposes as may be required by PA DEP or any other administrative agency under the laws of the Commonwealth of Pennsylvania and holds a valid site registration and/or land application registration required and issued for a specific site and person by Hellam Township under this or any other ordinance of Hellam Township. Prior to land application, all sewage sludge sites in Hellam Township must have a site registration and land application registration issued by Hellam Township.

Eligibility for registration:

Site registration shall be issued to the wastewater treatment facility which generates the sewage sludge for land application within Hellam Township.

Land application registration shall be issued to the facility/person responsible for complying with PA DEP and Federal regulations governing the land application of sewage sludge within Hellam Township.

No site registration shall be issued unless the person making application shall have first been issued a valid permit by PA DEP.

No land application registration shall be issued unless the person making application shall be licensed with the York County Solid Waste Authority.

§ 380-40 Application requirements.

Site registration requirements.

A copy of the DEP application and any and all amendments thereto approved by DEP for the land application of sewage sludge on the site including proof of consent of the landowner of the property to be used as the sewage sludge site with tax map and parcel number shall be submitted to Hellam Township.

Application shall be in writing in such form and number as required and shall be submitted to the Township. Application shall be accompanied by an application map as required by DEP, on a scale in which one inch equals no more than 400 feet, on paper sized no greater than 22 inches by 36 inches showing the location and necessary narrative descriptions for lands and data, including:

Boundaries and names of present owners of record of land, both surface and subsurface, including easements, rights-of-way and any other property interests, for the PA DEP permit area.

Boundaries of the land where sewage sludge will be applied, including all setbacks as required by federal and DEP regulations, as amended (25 Pa. Code § 271.915). The spreading of sewage sludge shall not be allowed in areas where such activity has been restricted either by DEP regulation or permit. The following setback provisions of the DEP regulations shall apply [25 Pa. Code § 271.915(c)]. Sewage sludge may not be applied to agricultural land, forest or a reclamation site that is:

Within 100 feet (or 30.5 meters) or less of a perennial stream or within 33 feet (or 10 meters) of an intermittent stream.

[2]

Within 100 feet (or 30.5 meters) of the edge of a sink hole.

[3]

Within 300 feet (or 91 meters) from an occupied dwelling unless the current owner there has provided a written waiver consenting to activities closer than 300 feet (or 91 meters). The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner. This subsection does not apply to features that may come into existence after the date upon which adjacent landowner notification is given under Chapter 275 or § 271.913(g) (relating to land application of sewage sludge; and general requirements).

[4]

In an area without an implemented erosion and sedimentation control plan or a farm conservation plan.

[5]

Within 300 feet (or 91 meters) of a water source unless the current owner has provided a written waiver consenting to the activities closer than 300 feet (or 91 meters). This subsection does not apply to features that may come into existence after the date upon which adjacent landowner notification is given under Chapter 275 or § 271.913(g).

[6]

Within 100 feet (or 30.5 meters) of an exceptional value wetland, as defined in 25 Pa. Code § 105.17 (relating to wetlands).

[7]

Within 11 inches (or 28 centimeters) of the seasonal high water table, nor within 3.3 feet (or one meter) of the regional groundwater table. For purposes of this section, the depths to seasonal high water table and to regional groundwater table shall be based on the most recent soil mapping as published by the United States Department of Agriculture (USDA) Natural Resources Conservation Service or more detailed mapping data as mapped by an expert in soil science using standard and acceptable mapping procedures as developed by the USDA Natural Resources Conservation Service.

Soil analysis.

The applicant for a site registration shall obtain an analysis of soil taken from the site where sewage sludge is to be spread detailing the organic and inorganic chemicals and pH listed in Table 1, 1 through 14, found in the appendix of this article.[1] Soil concentrations of all chemicals shall be expressed in mg/kg on a dry weight basis. Soil samples shall be expected to meet all federal and state regulations applicable to sewage sludge. Soil sample results that indicate a concentration in excess of the cumulative loading limits of the federal and state regulations shall be forwarded to PA DEP by Hellam Township. Soil samples shall be collected according to PA DEP approved methods and analyzed by a laboratory whose work is approved by PA DEP. Soil analysis shall be conducted in accordance with PA DEP regulations and those results shall be submitted to the Township with the application.

Editor's Note: Said appendix is included at the end of this chapter.

Prior to approval of the site registration, the Township may request the opportunity to collect and analyze representative soil samples, at Township's sole expense. This analysis shall include, but not necessarily be limited to, all of the items listed in Table 1. Hellam Township may also analyze soil for pathogens, including but not necessarily limited to fecal coliform, salmonella sp., clostridium, cryptosporidium and enteric viruses, at the Township's sole expense.

Groundwater. Sewage sludge shall not contaminate a water source. Groundwater quality tests shall be used to establish a baseline for potential pollutant concentrations. A site registration application shall be accompanied by a background groundwater analysis report reviewed by a qualified hydrologist chosen by the applicant. The intent of the background groundwater analysis report is to provide a description of the background groundwater quality of the proposed site prior to the issuance of the site registration. The background groundwater analysis report shall consist of the following:

The depth to regional groundwater table.

The depth to seasonal high water table as indicated by the presence of soil mottling or as altered by drainage devices installed under an approved soil conservation plan.

A description of the use or uses of the groundwater from the aquifer underlying the proposed site registration area.

Two analyses, provided existing groundwater sources are available, one of which shall be downgradient, if possible, from the sludge application area, of groundwater from sources located within the boundaries of a proposed site registration area. In the event that existing groundwater sources are not available on the proposed site registration area, the applicant shall make a reasonable effort to obtain groundwater analysis of existing wells, springs, etc. including household wells, from adjacent properties within 75 feet of the property boundary. The Township shall assist the applicant in this regard. A map showing the location of the test sites shall be included. The applicant shall only be required to use existing wells, springs, etc. including household wells, as water sources.

Groundwater samples from these water sources shall be obtained and analyzed for inorganic and organic chemicals listed in Table 3, items 1 through 13, in the appendix.[2] The analysis of the test sites shall also include testing for fecal coliform.

[2]

Editor's Note: Said appendix is included at the end of this chapter.

[2]

The Township may request the opportunity to collect and analyze representative water samples at sample points delineated on the map, at the Township expense. The Township may analyze for the inorganic and organic chemicals, including but not necessarily limited to, items 1 through 13 listed in Table 3. The Township may also analyze, but not necessarily be limited to, water samples for the concentrations of the following pathogens: total coliform, salmonella sp., clostridium, cryptosporidium and enteric viruses.

(e)

All data on groundwater sampling performed within the previous twelve-month period from wells associated with the proposed site registration area shall be included in the background groundwater analysis report.

Surface water. Surface water map: an application shall contain a description and map of the surface waters in the proposed site registration area and adjacent area, including the following:

The location of the watershed which will receive water discharge.

The location of surface water bodies such as streams, lakes, ponds, springs and seeps.

The location of water discharge into surface bodies of water.

Descriptions of surface drainage systems within the proposed permit area and adjacent areas.

Erosion control. A plan approved by the York County Conservation District to manage surface water and control erosion that will contain the sewage sludge within the site registration area.

Pretreatment. Applicant shall provide the list of significant users that have received written notices of violation and the number of written notices issued to each user during the reporting period from the EPA Pretreatment Annual Report of the Wastewater Treatment Facility signed and certified by an authorized representative of the wastewater treatment facility. The applicant shall also provide a list of significant industrial users required to be permitted by EPA. An applicant shall be required to have instituted an enforcement procedure for pretreatment violations.

(8)

Fee. A nonrefundable administrative fee sufficient to cover all Township expenses necessary to process the application shall be paid by the applicant. Administrative fees shall include costs associated with administering the Township duties and responsibilities as set forth in this article. Fees shall be established and adjusted as necessary by the Board of Supervisors. Said fee shall be set through resolution by the Hellam Township Board of Supervisors.

(9)

Certification. The applicant shall certify by letter that all appropriate rules, requirements and regulations of the Code of Federal Regulations, Chapter 1 of Title 40, as amended by Part 503, and Pa. Code, Title 25, Chapter 275, as amended, as well as all other applicable federal and state regulations for the land application of sewage sludge not specifically addressed in this article have been complied with.

(10)

Site registration shall be valid for a period concurrent with the DEP permit. Annual updates of the site registration shall be valid for a period of one year from the date of issuance.

Annual report.

An annual report shall be submitted annually, in writing, on forms provided by the Township at least 45 days prior to the anniversary date of the current site registration.

The annual report shall identify whether there have been any changes to the support data and documents [§ 380-40A(1) through (7) and (9)] for the original site registration. If any changes have occurred, updated information shall be submitted as part of the annual report.

Any laboratory analyses of any soil or water samples, required by PA DEP and collected and analyzed within the previous twelve-month period, shall be submitted with the annual report. The annual report form shall contain a checkoff box indicating whether any other soil or water samples have been taken within the past year.

A nonrefundable administrative fee for Township review as described above shall be paid by the applicant. Fee to be established and adjusted as necessary by the Board of Supervisors. Said fee shall be set through resolution by the Hellam Township Board of Supervisors.

Approval process for site registration; nontransferability.

Site registration shall be issued by Hellam Township. Hellam Township shall notify the applicant as to administrative completeness within 15 business days after receiving the application. The Township shall issue the site registration within five business days after an application has been determined to be administratively complete. Failure to render a written determination within five days of administrative completeness shall constitute deemed approval.

All site registrations shall be announced at a public meeting of the Township Supervisors.

A site registration issued herein shall not be transferable.

Land application registration (LAR) requirements. It shall be unlawful for any person to land apply sewage sludge within the limits of Hellam Township unless the Township has issued both a site registration and a land application registration.

The application form for a LAR shall be submitted by the person responsible for complying with PA DEP and federal regulations governing the land application of sewage sludge within Hellam Township. An application form must be made not less than 10 days prior to the scheduled date that the land application of sewage sludge will occur.

The application for a LAR shall be in writing on Township approved forms and shall include the following information:

The name and address of the person applying for the LAR.

The source of the sewage sludge (the waste treatment facility). A LAR shall be restricted to a single wastewater treatment facility.

An up-to-date, certified list of the names and addresses of all users of the wastewater treatment facility that are subject to National Pretreatment Standards under 40 CFR, Chapter 1, Part 403, as amended.

If a priority pollutant scan for the sludge is required by state or federal regulations, a copy shall be supplied to Hellam Township.

(e)

The name and address of the person holding the current and valid Hellam Township site registration for the land application.

Hellam Township shall be notified of any slug discharges, violations, new hazardous waste discharges, spills, etc. by users of the facility that could contaminate sludge, where the users have provided the facility with written notice. [Users are required to notify the wastewater treatment facility in writing concerning these events (see 40 CFR 403.8, 403.12, 403.16 as amended.] Copies of these notices shall be forwarded to the Township when received by the wastewater treatment facility in order to keep the information current on the LAR.

A description of the route to be utilized by vehicles hauling sewage sludge to the LAR site.

An estimated schedule of when the application will occur (date and time). If schedule changes are made for the land application, the Township must be notified of the change at least 12 hours before the date and time of the land application. On the day land application begins, the Township shall be notified by phone (717-252-2623) or fax (252-1917).

Results of analyses of sewage sludge (see Table 2, items 1 through 12, in the appendix[3]) Copies of all tests conducted on sludge within the previous 12 months by the wastewater treatment facility shall be forwarded to Hellam Township with the land application form.

[3]

Editor's Note: Said appendix is included at the end of this chapter.

An application map detailing the limits of the LAR within the site registration area and showing location of markers that shall be posted prior to and maintained for the duration of the land application of sewage sludge on the site.

(8)

Letter from the applicant, certifying that all appropriate rules, requirements and regulations of the Code of Federal Regulations, Chapter 1 of Title 40, as amended by Part 503 and Pa. Code, Title 25, Chapter 275, as amended, and all other applicable federal and state regulations for the land application of sewage sludge not specifically addressed in this article have been complied with.

(9)

A nonrefundable fee must accompany the application. This fee shall be established and adjusted by the Township Board of Supervisors as necessary to ensure all Township administrative and other expenses are covered. Fees shall be established and adjusted as necessary by the Board of Supervisors. Said fee shall be set through resolution by the Hellam Township Board of Supervisors.

(10)

Approval of LAR. Hellam Township shall notify the applicant as to administrative completeness within eight working days after receiving the application A LAR shall be issued by the Township within two working days after an application has been determined to be administratively complete. Failure to render a written determination within two days of administrative completeness shall constitute deemed approval.

§ 380-41 Requirements and standards.

The land application of the sewage sludge shall comply with the following requirements and standards:

All registrants shall comply with PA DEP requirements, as amended, regarding the land application of sewage sludge.

All analyses required by this article shall be performed by a laboratory whose work is approved and accepted by DEP.

Any vehicle hauling sewage sludge, in any form shall be of such construction so as to prevent any part of the load from spilling or leaking at all times. The operator of each vehicle must have current vehicle registration, vehicle safety inspection, YCSWA license and a copy of the LAR and vehicle manifest for the contents of that vehicle.

Vehicle manifest must show the GVW of the vehicle and the source of the sludge.

The transporting [NOTE: this is transportation only] of sewage sludge within Hellam Township will be restricted to Monday through Friday between 6:00 a.m. and dusk.

The Township may enforce the PA DEP regulations, as amended, regarding the land application of sewage sludge consistent with requirements of those regulations.

§ 380-42 Investigation and inspection.

Site registration. Prior to the site registration being issued, the Township or its agent (i.e., inspector) may inspect the premises to determine whether the person that has applied for a site registration has complied with all of the provisions of this article. The Township Inspector shall be accompanied by a representative of the registrant. The Township shall provide reasonable notice to the registrant of the inspection.

Land application registration.

The Township Inspector may randomly inspect the spreading of the sewage sludge to insure compliance with all provisions of the LAR without prior notice to LAR applicant or the site registration applicant:

Samples of the sewage sludge may be collected at random by the Township and analyzed utilizing PA DEP approved procedures. Samples shall be analyzed by a laboratory whose work is approved and accepted by PA DEP, selected by the Township. Samples shall be tested for organic and inorganic chemicals, including but not necessarily limited to those chemicals listed in Table 2 of the appendix of this article[1] and for the density, on a basis of dry weight of sludge solids expressed in grams, of various pathogens, including but not necessarily limited to: fecal coliform, salmonella sp., clostridium, cryptosporidium and enteric viruses. Sludge samples tested shall be expected to comply with PA DEP and federal regulations.

Editor's Note: Said appendix is included at the end of this chapter.

There shall be a minimum of one inspection per year per active site, with records to be kept indefinitely by the Township.

If it is determined by the Township that any of the provisions of this article are being violated and cannot be rectified on site, the spreading of the sewage sludge shall be enjoined and the LAR suspended until violations are corrected.

Post land application:

A representative of the Township may inspect the sewage sludge site within 48 hours of the application to ensure that:

The sewage sludge was properly applied.

All other site registration, land application registration, and DEP permit requirements have been achieved.

Additional inspections by the Township representative may occur to insure that food and feed crop restrictions are in compliance.

Township inspections. Any Township Inspector shall present his Township credentials to the owner or occupier of the property prior to inspection.

§ 380-43 Enforcement and revocation.

Notice of violation. Whenever the Township determines that there has been a violation of any provision of this article or any regulation adopted pursuant thereto, the Township shall give notice of such alleged violation to the person to whom the site registration or LAR was issued. Such notice shall:

Be in writing;

Include a statement of the reasons for its issuance;

Allow five days for the registrant to obtain compliance;

Be served upon the owner or his agent as required by the laws of the commonwealth; and

Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article or part thereof, and with the regulations adopted pursuant thereto.

Suspension. Upon failure of a holder of a site registration or LAR to comply with the notice of violation and compliance order provided herein, Hellam Township may suspend the site registration or LAR with an appropriate cease and desist order terminating the land application of sewage sludge at the site at which the alleged violation occurred.

Appeal. The holder of a registration that has been suspended hereunder may appeal the suspension to the Court of Common Pleas of York County, provided the appeal is made within 30 days after the date of the order of the suspension.

Enforcement.

As provided by the Second Class Township Code, enforcement of this article shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure 53 P.S. § 66601(C.1)(2). Any person who violates any provision of this article shall be guilty of a summary offense and upon conviction thereof by a Magisterial District Judge shall be sentenced to pay a fine not to exceed $1,000 per each violation and may be imprisoned as to the extent allowed by law for the punishment of summary offenses. For purposes of this section, a separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article which is found to be violated [53 P.S. § 66601(C.1)(5)]. The Township may also enforce this article through an action in equity brought in the Court of Common Pleas of York County [53 P.S. § 66601(C.1)(4)].

When determining the amount of any penalty to be imposed upon a violator of this article, the Magisterial District Judge shall consider the conduct of the violator, negligence, whether the action(s) of the violator was intentional and any steps taken by the violator to mitigate any alleged harms. It is the purpose of this provision that the Magisterial District Judge may impose the maximum penalty only when the Magisterial District Judge finds that the violation is an intentional violation.

All fines collected for violation of this article shall be paid to the Township.

Mediation.

If remedial action by the Township in the notice of violation is determined to be unsatisfactory by the site registrant or the LAR registrant, the registrant shall follow the following procedure for mediation. The registrant shall request mediation, in writing, within five business days of receipt of the NOV, accompanied by a written remedial action plan. The Township shall schedule a meeting, within five business days of the submission of the written request for mediation to discuss the notice of violation, the alternative remedial action plan and a possible resolution. At that meeting the Township and registrant shall attempt to develop a remedial action plan that is mutually agreeable.

If the parties do not achieve a mutually acceptable remedial action plan, then the Township and the registrant shall engage the services of a mediator who will attempt to mediate an acceptable remedial action plan between the parties. The mediation shall be nonbinding. The cost of the mediator shall be equally divided between the parties. Every effort shall be made to conclude all aspects of the mediation within 30 days after the initial meeting of the parties.

If the registrant has requested mediation, then the Township shall not suspend or revoke the site registration or LAR until the conclusion of the mediation. It is anticipated that mediation will he concluded within 60 days. If a mutually agreeable remedial action plan is achieved, it shall supersede the outline of remedial action contained in the notice of violation. If the registrant fails to request mediation or if the Registrant fails to appear at any meeting or mediation described in Subsection D, then suspension shall be effective immediately.

In the event of imminent danger to the public health or safety, this mediation provision shall not be available to the registrant. "Imminent danger to the public health or safety" shall be defined as an immediate and quantifiable threat to a drinking water supply which would have immediate adverse acute consequences to human health.

§ 380-44 Administration.

Administration. The provisions of this article shall be administered by the Hellam Township Board of Supervisors or their duly authorized representatives.

Duties:

To review and process all applications for sewage sludge disposal site registration and LARs and to establish and collect all fees for said applications.

To indefinitely keep records of the findings, discussions, recommendations and actions taken upon or in respect to all sewage sludge disposal within the Township.