Liverpool Township v. Stephens

In Liverpool Township v. Stephens, 900 A.2d 1030 (Pa. Cmwlth. 2006), the township enacted an ordinance mandating that a landowner obtain a township permit before applying sewage sludge to agricultural land. The ordinance contained requirements that conflicted with the SWMA. For example, the ordinance allowed spreading sewage sludge up to a boundary line, but the SWMA prohibited spreading sludge within 50 yards of a boundary line. In addition, the ordinance prohibited spreading sludge within 500 yards of any building that might be occupied from time to time while the SWMA prohibited spreading sludge within 300 feet of a house that was actually occupied. These conflicts rendered the ordinance preempted. In addition, the ordinance impermissibly set up a permit system that was duplicative of the state permit system. The Court ruled that the township could not regulate the disposal of sewage sludge, reasoning as follows: Ordinance 13 not only conflicts with the SWMA, it also interferes with the General Assembly's goal of a uniform and comprehensive scheme of regulation of municipal sewage treatment that leaves no room for side-by-side municipal regulation.... Balkanized regulation of the disposal of municipal sewage sludge would stand as an obstacle to the SWMA's comprehensive regulatory scheme. Liverpool Township, 900 A.2d at 1038. Liverpool Township explained, nevertheless, that a municipality may regulate solid waste management in ways that do not replicate the Department's efforts to advance what this Court has called "geological standards," i.e., standards that affect air and water. Id. at 1036. In Liverpool Township, the Court explained that Section 2101 of the Second Class Township Code authorizes a township to regulate junkyards, littering and trash pickup, but does not allow a township to establish "standards for the application of municipal sewage sludge to farmland that differ from those in the SWMA." Liverpool Township, 900 A.2d at 1036.