[Adopted 9-18-1996 by Ord. No. 1996-3; amended in its entirety 3-5-1998 by Ord. No. 1998-1]
This article shall be known and may be cited
as the "Land Application of Sewage Sludge Ordinance of Hellam Township,
York County, PA of 1996."
A.
The purpose of this article is:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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.
C.
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.
(1)
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)]
(2)
No sewage sludge shall be applied to the land where
such application shall constitute an environmental or health hazard
or otherwise cause a nuisance.
(3)
No properties other than the permitted site shall
be exposed to sewage sludge.
(4)
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.
(5)
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.
(6)
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)]
(7)
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
| |
D.
This article does not apply to exceptional quality
sewage sludge defined by federal and state regulations.
The following terms shall have the meanings
defined in this section wherever they are used in this article:
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)
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)
Pennsylvania Department of Environmental Protection.
Preapplication inspection and post-application surveillance
and reporting on land applications of sewage sludge.
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)
The Land Application of Sewage Sludge Ordinance of Hellam
Township and any subsequent amendment thereto.
Pathogenic organisms are disease-causing organisms that include
but are not limited to, certain bacteria, protozoa, viruses and viable
helminth ova.
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.
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)
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)
All users subject to the national pretreatment standards under 40 CFR, Chapter 1, Part 403, as amended.
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.
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)
A surveyed area of agricultural land used for the application
of sewage sludge.
References Hellam Township and/or Hellam Township Board of
Supervisors or their agents.
The conveyance of sewage sludge from one point to another.
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)
Groundwater, spring or surface water which is used for human
use or consumption.
A.
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:
(1)
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.
(2)
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.
(3)
Act 537, Hellam Township Official Sewage Plan, as
updated 1992.
B.
And recognizes the additional authority of:
(2)
Municipal waste regulations, 25 Pa. Code, § 271
et seq., unless otherwise specified.
(3)
Pennsylvania Air Pollution Control Act, 35 P.S. § 4001
et seq.
(4)
Clean Air Amendment of 1977, 42 U.S.C. §§ 7416
and 7422.
(5)
Safe Drinking Water Act, 1974, of Federal Regulations,
as amended, 1986.
(6)
Right To Know Act, 42 U.S.C. § 11011 et
seq. and corresponding regulations; 35 P.S. § 7301 et. seq.
and corresponding regulations.
(7)
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.
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.
A.
Eligibility for registration:
(1)
Site registration shall be issued to the wastewater
treatment facility which generates the sewage sludge for land application
within Hellam Township.
(2)
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.
(3)
No site registration shall be issued unless the person
making application shall have first been issued a valid permit by
PA DEP.
(4)
No land application registration shall be issued unless
the person making application shall be licensed with the York County
Solid Waste Authority.
A.
Site registration requirements.
(1)
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.
(2)
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:
(a)
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.
(b)
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:
[1]
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.
(3)
Soil analysis.
(a)
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.
[1]
Editor's Note: Said appendix is included at
the end of this chapter.
(b)
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.
(4)
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:
(a)
The depth to regional groundwater table.
(b)
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.
(c)
A description of the use or uses of the groundwater
from the aquifer underlying the proposed site registration area.
(d)
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.
[1]
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.
(5)
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:
(a)
The location of the watershed which will receive
water discharge.
(b)
The location of surface water bodies such as
streams, lakes, ponds, springs and seeps.
(c)
The location of water discharge into surface
bodies of water.
(d)
Descriptions of surface drainage systems within
the proposed permit area and adjacent areas.
(6)
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.
(7)
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.
B.
Annual report.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
Approval process for site registration; nontransferability.
(1)
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.
(2)
All site registrations shall be announced at a public
meeting of the Township Supervisors.
(3)
A site registration issued herein shall not be transferable.
D.
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.
(1)
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.
(2)
The application for a LAR shall be in writing on Township
approved forms and shall include the following information:
(a)
The name and address of the person applying
for the LAR.
(b)
The source of the sewage sludge (the waste treatment
facility). A LAR shall be restricted to a single wastewater treatment
facility.
(c)
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.
(d)
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.
(3)
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.
(4)
A description of the route to be utilized by vehicles
hauling sewage sludge to the LAR site.
(5)
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).
(6)
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.
(7)
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.
The land application of the sewage sludge shall
comply with the following requirements and standards:
A.
All registrants shall comply with PA DEP requirements,
as amended, regarding the land application of sewage sludge.
B.
All analyses required by this article shall be performed
by a laboratory whose work is approved and accepted by DEP.
C.
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.
D.
The Township may enforce the PA DEP regulations, as
amended, regarding the land application of sewage sludge consistent
with requirements of those regulations.
A.
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.
B.
Land application registration.
(1)
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:
(a)
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.
[1]
Editor's Note: Said appendix is included at
the end of this chapter.
(2)
There shall be a minimum of one inspection per year
per active site, with records to be kept indefinitely by the Township.
(3)
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.
C.
D.
Township inspections. Any Township Inspector shall
present his Township credentials to the owner or occupier of the property
prior to inspection.
A.
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:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow five days for the registrant to obtain compliance;
(4)
Be served upon the owner or his agent as required
by the laws of the commonwealth; and
(5)
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.
B.
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.
C.
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.
D.
Enforcement.
(1)
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)].
(2)
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.
(3)
All fines collected for violation of this article
shall be paid to the Township.
(4)
Mediation.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
A.
Administration. The provisions of this article shall
be administered by the Hellam Township Board of Supervisors or their
duly authorized representatives.
B.
Duties:
(1)
To review and process all applications for sewage
sludge disposal site registration and LARs and to establish and collect
all fees for said applications.
(2)
To indefinitely keep records of the findings, discussions,
recommendations and actions taken upon or in respect to all sewage
sludge disposal within the Township.
(3)
To enforce the provisions herein.
This article shall be effective the day and
date it is passed and shall apply to all current existing permits
issued or authorized by PA DEP for the land application of sewage
sludge in Hellam Township. Any land application of sewage sludge in
process on the day and date this article is passed must be completed
in 30 days. All future land application of sewage sludge must comply
with all provisions of this article.
