[Adopted 10-13-1987 by Ord. No. S-1B]
This Part 3 shall be known and may be cited as the "Waste Disposal
Ordinance of Jackson Township of 1987."
The purposes of this Part 3 are as follows:
A.
To prohibit the discharge of all hazardous and toxic wastes within
Jackson Township.
B.
To regulate the discharge of liquid wastes, sewage sludge and human
wastes upon property situate within Jackson Township.
C.
To preserve the fragile environmental qualities of all land within
the Township, including, but not limited to, the protection of groundwater
supplies.
D.
To promote, protect and facilitate the public health, safety and
general welfare of all Township citizens by preventing excessive discharge
of potential contaminants.
E.
To provide methods of allowing certain human wastes generated within
the Township to be used as agricultural nutrients for actively farmed
properties, but to prevent excessive land application of such wastes.
[Amended 11-21-2002 by Ord. No. 02-11]
The following definitions shall be applicable:
Poultry and livestock manure or residual materials in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products. It includes the
residual materials generated in producing, harvesting and marketing
of all agronomic, horticultural, silvicultural and agricultural crops
or commodities grown on what are usually recognized and accepted as
farms, forests or other agricultural lands.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A solid or liquid waste, or a combination of solid or liquid
wastes, which, because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness, or pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of or otherwise managed.
The customary and generally accepted activities, practices
and procedures that farmers adopt, use or engage in year after year
in the production and preparation for market of poultry, livestock
and their products and the production and harvesting of agricultural,
agronomic, horticultural, silvicultural and agricultural crops and
commodities. It includes the storage, composting and utilization of
agricultural and food process wastes for animal feed and includes
the agricultural utilization of septic tank cleanings. It also includes
the management, collection, storage, composting, transportation and
use of manure, other agricultural waste and food process waste on
land where such materials will improve the condition of the soil and
the growth of crops, or will aid in the restoration of the land for
the same purposes.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
It includes the following:
SEPTIC TANKA watertight receptacle which receives domestic sewage and is designed and constructed to provide for sludge storage and sludge decomposition and to separate solids from the liquid through a period of detention before allowing the liquid to be discharged to a subsurface absorption area.
AEROBIC SEWAGE TREATMENT TANKAny unit incorporating, as a part of the treatment process, a means of introducing air and oxygen into the residential sewage held in a storage tank or tanks so as to provide aerobic biochemical stabilization during a detention period prior to its discharge to a subsurface absorption area.
This Part 3 is adopted and enacted pursuant to the authority
granted to the Township by the Legislature of the Commonwealth of
Pennsylvania in the following enacted statutes:
A.
The sections of the Second Class Township Code authorizing the Township
to enact ordinances dealing with the protection of the health of Township
residents, refuse materials, nuisances and public safety, codified
at 53 P.S. §§ 66527, 66529 and 67101 to 67107, as amended.
B.
The applicable provisions of the Pennsylvania Municipalities Planning
Code dealing with zoning ordinances codified at 53 P.S. §§ 10601
and 10603, as amended.
C.
The applicable provisions of the Pennsylvania Solid Waste Management
Act, codified at 35 P.S. § 6018.101 et seq., as amended.
[Amended 11-21-2002 by Ord. No. 02-11]
A.
General. The Board of Supervisors of Jackson Township recognizes
that legal control of waste disposal has been delegated to the Pennsylvania
Department of Environmental Protection (DEP) under the Act of July
31, 1968, P.L. 788 (No. 241), § 6 (35 P.S. § 6006).[1] It is not the intention of the Township to abrogate such
authority granted to DEP. Moreover, it is the intention of the Board
of Supervisors to impose additional requirements to meet the needs
of public safety and public health of all Township residents.
[1]
Editor's Note: 35 P.S. § 6006 was repealed July
7, 1980, by P.L. 380, No. 97. See now 35 P.S. § 6018.101
et seq.
B.
Prohibited discharge and storage. It shall be unlawful to store,
dump, discharge or to place in or upon the ground or waters located
within Jackson Township, Butler County, Pennsylvania, any quantity
of toxic or hazardous wastes as such are identified in:
(1)
40 CFR Part 261, Identification and Listing of Hazardous Waste, as
amended (published in the Federal Register, Vol. 45, No. 98, Monday,
May 19, 1980, as may be amended).
(2)
Chapter 75, §§ 75.261 to 75.267, of Title 25, DEP
Rules and Regulations, Subchapter C, as may be amended from time to
time.
C.
Regulated and controlled discharge. It shall be unlawful to place,
dump or otherwise discharge onto the ground or waters located in Jackson
Township, Butler County, Pennsylvania, any liquid waste, sewage sludge,
septage or human waste generated from sources located outside of the
geographical limits of said Township. Further, it shall be lawful
to discharge only animal wastes generated by farm animals kept and
maintained as a part of normal farming operations located within said
Township and human wastes derived from residential septic tanks or
aerobic treatment tanks serving residences located within said Township,
onto ground which is actively farmed or kept in pasture and is located
within said Township, subject to the following limitations:
(1)
Recognized commercial fertilizer and commercial manure typically
used in agricultural operations shall be exempt from these regulations.
(2)
Any active, local farmer or farming operation spreading animal wastes
generated entirely from within said farm into the same farm shall
be exempt from these limitations.
A.
Hazardous or toxic wastes. It shall be unlawful to provide temporary or permanent storage for hazardous wastes identified in § 18-305B of this Part 3 at any place or on any property or street within Jackson Township. If there are existing, legally approved storage facilities for such hazardous wastes at the time of enactment of this Part 3, such storage facilities shall:
(1)
Be fully fenced with ten-foot-high cyclone security fencing with
locked gates.
(2)
Have adequate security lighting to fully illuminate said storage
area.
(3)
Be limited to not more than 10,000 gallons of stored liquid or 5,000
pounds of stored solids, all within a transportable vehicle, and said
vehicle shall not remain on the property or premises for more than
24 hours.
(4)
Any vehicle containing such hazardous wastes, while temporarily stored,
shall be located within and be completely surrounded by an earth berm,
fully lined with an impervious liner throughout, having a containment
capacity of not less than 15,000 gallons. All earth surfaces within
such containment area shall be made totally impervious to infiltration
by water or any other liquid.
B.
Human wastes. If human wastes are stored temporarily (up to 48 hours)
in a transportable vehicle while awaiting land application, the vehicle
shall be parked away from any public road, in a secure area which
is impounded by an earth berm capable of containing an accidental
discharge and at least 200 feet from a residence. Storage for more
than 48 hours is prohibited.
[Amended 11-21-2002 by Ord. No. 02-11]
Any person, firm or corporation who shall violate any provision of this Part 3, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 3 continues or each section of this Part 3 which shall be found to have been violated shall constitute a separate offense.
