Section 1-Name

Section 2-Authority

This Ordinance is enacted pursuant to the authority granted to __________ Township by all relevant Federal and State laws and their corresponding regulations, including, without limitation, the following:

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

The provisions of The Second Class Township Code, Article XV, as codified at 53 P.S. § 66506, which authorizes __________ Township to enact ordinances necessary for the proper management, care, and control of the township and its finances and the maintenance of peace, good government, health, and welfare of the township and its citizens, trade, commerce, and manufacturers;

The provisions of The Second Class Township code, Article XV, as codified at 53 P.S. § 66521, which empowers __________ Township to appropriate moneys toward insect, pest, and vector programs.

The provisions of The Second Class Township code, Article XV, as codified at 53 P.S. § 66527, which empowers __________ Township to adopt ordinances to secure the safety of persons or property within the township.

The provisions of The Second Class Township Code, Article XV, as codified at 53 P.S. § 66529, which empowers __________ Township to prohibit nuisances on private and public property and the carrying on of any offensive manufacture or business;

The provisions of The Second Class Township Code, Article XVI, as codified at 53 P.S. § 66601(e), which empowers __________ Township to adopt by reference all or any portion of a standard code as an ordinance of the Township;

Pennsylvania Constitution, Article I, Section 27;

Solid Waste Management Act, 35 P.S. § 6018.101 et seq., which preserves the rights and remedies of municipalities concerning solid waste within their borders;

Municipal Waste Regulations, 25 Pa. Code §§ 271 and 275, et seq.; and

Land Application of Sewage Sludge, 40 C.F.R. Part 503.

Section 3-Findings and Purpose

In support of enactment of this Ordinance, the Board of Supervisors of __________ Township finds and declares that:

The land application of sewage sludge in __________ Township poses a significant threat to the health, safety, and welfare of the citizens and environment of __________ Township.

In April 2002, the Inspector General of the Environmental Protection Agency (EPA), which oversees state sewage sludge regulations, issued a report in which it concluded, “EPA cannot assure the public that current land application practices [of sewage sludge] are protective of human health and the environment.” Among the Inspector General’s concerns were the following: “failure to properly manage sludge may have adverse effects on human health and the environment”; “EPA does not have an effective program of ensuring compliance with land application requirements”; and state officials have criticized the lack of EPA oversight, staffing, and commitment toward ensuring the safety of land applied sludge.

In 1994, eleven-year-old Tony Behun from Rush Township, Centre County, Pennsylvania, died from a staph infection shortly after being exposed to sewage sludge. The following year, fourteen-year-old Daniel Pennock from Reading, Pennsylvania, died from a staph infection shortly after being exposed to sewage sludge. The U.S. Environmental Protection Agency (EPA) recognizes staph as a potential pathogenic component of sewage sludge.

In spite of these risks, __________ Township is powerless under current state and federal law to prohibit the land application of sewage sludge that complies with all applicable laws and regulations.

In order to protect the health, safety, and welfare of the residents of __________ Township, the soil, groundwater, and surface water, the environment and its flora and fauna, and the practice of sustainable agriculture, it is necessary to test each load of sewage sludge before it is land applied within the Township to determine if the level of pollutants, pathogens, or vector attractants exceed the levels allowed under applicable laws and regulations.

DEP does not possess sufficient funding or personnel to ensure that persons or corporations land applying sewage sludge in __________ Township are doing so in compliance with state laws and regulations, so __________ Township must have the option of enforcing those laws and regulations itself.

__________ Township’s cost of testing sewage sludge prior to land application should be borne by those persons or corporations land applying sewage sludge in the Township.

Section 4-Interpretation

Anyone interpreting, implementing, or applying this Ordinance shall give priority to the findings and purposes stated in Section 3 over such considerations as economy, efficiency, and scheduling factors.

Section 5-Definitions

The following terms shall have the meanings defined in this section wherever they are used in this Ordinance.

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

DEP: Pennsylvania Department of Environmental Protection.

Laboratory or Qualified Laboratory: A facility that tests sewage sludge samples for pollutants, pathogens, and vector attractants in compliance with DEP regulations, including, without limitation, those regulations (see 25 Pa. Code § 271.906) that dictate approved methodologies for conducting such tests.

Land Applicant or Sewage Sludge Applicant: Any person, corporation, or other entity responsible for complying with all Federal, State, and local laws and regulations concerning the land application of sewage sludge.

Land Application or Land Apply: The spraying or spreading of sewage sludge onto the land surface for beneficial use; the injection of sewage sludge below the 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. (See 25 Pa. Code Chapter 271, Subchapter J, § 271.907.)

Ordinance: The __________ Township Sewage Sludge Ordinance, as amended.

Sewage Sludge or Sludge: Liquid or solid sludge and other residue from a municipal sewage collection and treatment system, and liquid or solid sludge and other residue from septic and holding tank pumpings from commercial, industrial, or residential establishments. The term includes material 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 system, or grit, screenings, or inorganic objects from septic and holding tank pumpings. (See 25 Pa. Code Chapter 271, Subchapter A, § 271.1.)

Sewage Sludge Applicant: See Land Applicant

Substantially Owned or Controlled: A person or corporation substantially owns or controls another person or corporation if he or it has the ability to evade the intent of Section 11.6 of this Ordinance by using that person or corporation to land apply sewage sludge in __________ Township.

Township: __________ Township in __________ County, Pennsylvania, its Board of Supervisors, or its representatives or agents.

Truckload: A load containing a maximum of approximately 23 (twenty-three) tons of sewage sludge, based upon __________ Township’s understanding that sewage sludge for land application typically is delivered in tri-axle trucks that can hold about this much sludge.

Section 6-Adoption of State Regulations

__________ Township hereby adopts as local law the Pennsylvania regulations concerning the land application of sewage sludge, including without limitation those codified at 25 Pa. Code §§ 271 and 275, et seq., as amended.

Section 7-General Requirements

Section 7.1: It shall be unlawful for any person, corporation, or other entity to violate in __________ Township the Pennsylvania regulations concerning the land application of sewage sludge, including without limitation those codified at 25 Pa. Code §§ 271 and 275, et seq., as amended.

Section 7.2: It shall be unlawful for any person, corporation, or other entity to land apply sewage sludge in __________ Township without first complying with the requirements in section 8 of this Ordinance.

Section 8-Application and Testing Requirements

Before each and every truckload of sewage sludge is land applied in __________ Township, the sewage sludge applicant must do the following:

Section 8.1: Complete and submit to the Township a written application in form and number provided by the Township and containing the name and address of the sewage sludge applicant, the name and address of the landowner on whose land the sewage sludge is to be land applied, the location of the land on which the sewage sludge is to be land applied, and a copy of all DEP and other applicable state and federal permits pertaining to the land application.

Section 8.2: Provide __________ Township with written proof of the Class of sewage sludge to be land applied. If the sludge is Class A, provide __________ Township with written proof of the Alternative in 25 Pa. Code § 271.932(a) under which the sludge qualifies as Class A. If the sludge is Class B, provide __________ Township with written proof of the Alternative in 25 Pa. Code § 271.932(b) under which the sludge qualifies as Class B. For all Classes of sludge, provide __________ Township with written proof of the Alternative in 25 Pa. Code § 933(b) under which the sludge purportedly satisfies DEP vector attraction requirements. The purpose of this subsection is confirm the Class of sludge to be applied and to identify the testing that __________ Township must conduct on the sewage sludge and the requisite testing and collection fees under Section 8.4 of this Ordinance.

Section 8.3: Arrange for and allow __________ Township to collect the necessary sewage sludge samples from the truckload to be land applied to have a qualified laboratory test the sludge for pollutants, pathogens, and vector attractants regulated by DEP at 25 Pa. Code § 271.914 (pollutants), § 271.932 (pathogens), § 271.933 (vector attractants), and at all other applicable state and federal regulations, as amended.

Section 8.4: Pay __________ Township the testing and collections fees identified below and, when indicated, provide __________ Township with the written proof requested below. __________ Township determined these fees by requesting quotes from laboratories and estimating its internal costs to collect and transport sewage sludge samples. __________ Township may alter these fees by ordinance as necessary to adjust for changes in its cost to collect, transport, and test sewage sludge samples.

Pollutants: For all classes of sewage sludge, the testing fee for pollutants under 25 Pa. Code § 271.914(a)(1) is $_____ per truckload of sewage sludge to be land applied.

Pathogens: For Class B sludge under Alternative 1 of 25 Pa. Code § 271.932(b), the testing fee to test seven samples for fecal coliform is $_____ per truckload of sewage sludge to be land applied.

For Class B sludge under Alternatives 2 and 3 of 25 Pa. Code § 271.932(b), the sewage sludge applicant shall submit written proof that the sludge to be land applied has been treated as required under the applicable Alternative.

Vector Attractants: For sewage sludge that purportedly satisfies vector attraction requirements under 25 Pa. Code § 271.933(b)(1), (2), or (3), the testing fee for mass of volatile solids is $_____ per truckload of sewage sludge to be land applied.

For sewage sludge that purportedly satisfies vector attraction requirements under 25 Pa. Code § 271.933(b)(4), the testing fee for SOUR is $_____ per truckload of sewage sludge to be land applied.

For sewage sludge that purportedly satisfies vector attraction requirements under 25 Pa. Code § 271.933(b)(5), (6), (7), (8), (9), or (10), the sewage sludge applicant shall submit written proof that the sludge to be land applied satisfies the requirements under the applicable Alternative.

Collection: For all classes of sewage sludge, the fee for collection and transportation of the sewage sludge samples for testing is $_____ per truckload of sewage sludge to be land applied.

Section 8.5: Store the sewage sludge pursuant to all applicable DEP, federal, and state regulations (including without limitation those at 25 Pa. Code §275.204 and 25 Pa. Code Chapter 285) until the Township notifies the sewage sludge applicant whether it may land apply the sewage sludge in __________ Township.

Section 8.6: If the land applicant does not receive permission to land apply the sewage sludge in __________ Township, it shall follow all applicable state and federal regulations for handling or disposing of sewage sludge that violates laws or regulations concerning levels of pollutants, pathogens, or vector attractants.

Section 8.7: If the land applicant receives notice that it is allowed to spread the sewage sludge in __________ Township, it shall do so in compliance with all applicable federal, state, and local laws and regulations.

Section 9-Testing Procedures

When __________ Township receives all of the following—an application pursuant to section 8.1 of this Ordinance; information required under Section 8.2 of this Ordinance; and the requisite testing and collection fees pursuant to Section 8.4 of this Ordinance—it shall do the following:

Section 9.1: Collect the necessary sewage sludge samples for testing by a qualified laboratory for compliance with DEP’s pollutant regulations at 25 Pa. Code § 271.914, pathogen regulations for Class B sludge at § 271.932, vector attractant regulations at § 271.933, and all other applicable state and federal regulations, as amended. The Township shall instruct the laboratory to conduct the tests in compliance with all DEP regulations for testing sewage sludge to be land applied under the beneficial use program.

Section 9.2: Inform the sewage sludge applicant of the results of testing conducted pursuant to Section 9.1 within seventy-two (72) hours after receiving the results.

Section 9.3: If the testing reveals that the sewage sludge contains levels of pollutants, pathogens, or vector attractants that violate DEP regulations at 25 Pa. Code § 271.914 (pollutants), § 271.932 (pathogens), § 271.933 (vector attractants), or at any other federal or state laws or regulations, as amended, the Township shall deny permission for the sewage sludge to be land applied in __________ Township. Otherwise the Township shall grant permission for the land application.

Section 10-Administration

This Ordinance shall be administered by __________ Township. The Township may, but is not required to, administer and enforce, at Township expense (except as provided in section 8.4 of this Ordinance), any and all regulations that it has adopted pursuant to Section 6 of this Ordinance.

Section 11-Enforcement

Section 11.1: __________ Township shall enforce this Ordinance by an action brought before a district justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. (See 53 P.S. § 66601(c.1)(2).)

Section 11.2: Any person or corporation who violates any provision of this Ordinance shall be guilty of a summary offense and, upon conviction thereof by a district justice, shall be sentenced to pay a fine of $750 for first-time violations, $1000 for second-time violations, and $1000 for each subsequent violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses. (See 53 P.S. § 66601(c.1)(2).)

Section 11.3: A separate offense shall arise for each day or portion thereof in which a violation occurs and for each section of this Ordinance that is found to be violated. (See 53 P.S. § 66601(c.1)(5).)

Section 11.4: __________ Township may also enforce this Ordinance through an action in equity brought in the Court of Common Pleas of __________ County. (See 53 P.S. § 66601 (c.1)(4).)

Section 11.5: All fines collected for violation of this Ordinance shall be paid to the Treasurer of __________ Township.

Section 11.6: Any person or corporation who violates or is convicted of violating this Ordinance two or more times shall be permanently prohibited from land applying sewage sludge in __________ Township. This prohibition applies to that person or corporation’s parent, sister, and successor companies, subsidiaries, and alter egos, and to any person or corporation substantially owned or controlled by the person or corporation (including its officers, directors, or owners) that twice violates this Ordinance.

Section 12-Effective Date and Existing DEP Permitholders

This Ordinance shall be effective five (5) days after the date of its enactment, at which point the Ordinance shall apply to any and all land applications of sewage sludge in __________ Township regardless of the date of the applicable DEP permits.

Section 13-Severability

The provisions of this Ordinance are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part, or provision of this Ordinance is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts, or provisions of the Ordinance. The Board of Supervisors of __________ Township hereby declares that in the event of such a decision, it would have enacted this Ordinance even without the section, clause, sentence, part, or provision that the court decides is illegal, invalid, or unconstitutional.

Section 14-Repealer

__________ Township hereby repeals the provisions of any prior ordinance that are inconsistent with this Ordinance only to the extent necessary to remedy the inconsistency.

ENACTED AND ORDAINED this ___ day of __________, 2002, by the Board of Supervisors of __________ Township.

By: ____________________________
____________________________
____________________________

Attest: ____________________________

  Sewage Sludge Land Application Registration Form (PDF File)