Borough of Chambersburg, PA Article II Individual or Community Sewage Disposal Systems

[Adopted 11-5-2012 by Ord. No. 2012-11[1]]

[1] Editor’s Note: This ordinance also superseded former Art. II, Individual Sewage Disposal Systems, adopted 7-2-1975 by Res. No. 75-29, consisting of § 242-5, Enforcement of Sewage Facilities Act, as amended.

§ 242-5 Permit required; fees; violations and penalties; duties of owners and haulers.

A. Purpose. The purpose of this article is to clarify when it is necessary to apply for and obtain a permit for the installation, modification, or repair of an individual sewage system or a community sewage system, and to require the applicant to pay all fees and costs of said permit.

B. Definitions. Unless otherwise specifically set forth herein, the definitions used in this article are to have the same meaning as set forth in this Act, as amended, and as set forth in the applicable Rules and Regulations of the Department of Environmental Protection.

C. Permit for sewage system required. No person shall install, modify or repair an individual sewage system or community sewage system; and no person shall construct or request bids for construction of an individual sewage system or a community sewage system; and no person shall install or occupy any building or structure for which an individual sewage system or a community sewage system is to be installed without first obtaining a permit indicating that the site, plans and specifications of such system are in compliance with this article. A permit shall be required in every instance where a person desires to install, construct, modify or repair an individual sewage system or a community sewage system on any tract of land of any size or any location in the Borough of Chambersburg, Franklin County, Pennsylvania, regardless of the use of the land and regardless of whether use is established by actual usage or by zoning.

D. Obtaining a permit. All permits for the construction, installation, modification or repair of an individual sewage system or a community sewage system shall be obtained from the Chambersburg Borough Sewage Enforcement Officer, and the issuance of all such permits shall be subject to all the conditions that may be required by any rules and regulations adopted by the Borough of Chambersburg or the Commonwealth of Pennsylvania concerning the issuance of sewage permits. Applications for permits shall be submitted in writing to the Borough Manager or his designee and shall be made on such forms as the Borough Manager or its designee may from time to time provide or require.

E. Inspections. The Sewage Enforcement Officer shall make all inspections pursuant to and as required by the Act, as amended, and the standards and regulations adopted pursuant to the aforesaid Act, as well as any standards, regulations or resolutions adopted by the Borough of Chambersburg concerning the issuance of sewer permits.

F. Applicant to pay costs. Applicants shall pay all costs of inspection, including but not limited to fees paid to the Sewage Enforcement Officer and any and all other fees and charges as the Chambersburg Town Council may from time to time establish by resolution.

G. Violations and penalties. Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. The minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above.

H. Nuisances. In addition to any other remedies provided in this article, any violation of this article shall constitute a nuisance and may be abated by Borough of Chambersburg by seeking appropriate equitable or legal relief from a court of competent jurisdiction.

I. Sewage holding tanks. The Chambersburg Town Council may from time to time establish by resolution rules and regulations concerning sewage which it may deem necessary to affect the control and methods of holding tanks and privy use, sewage disposal and sewage collection and transportation thereof.

J. Duties of the owner of sewage holding tanks and privies. The owner of an improved property that utilizes a holding tank or privy shall:

(1) Maintain the holding tank or privy in conformance with this or any ordinance of this Borough of Chambersburg, the provisions of any applicable law, and the rules and regulations of the governing body and any administrative agency of the Commonwealth of Pennsylvania.

(2) Permit only the governing body or its agent to inspect holding tanks on an annual basis.

(3) Permit only an authorized agent to collect, transport and dispose of the contents within said holding tank or privy.

(4) Abandon the privy consistent with applicable public health and environmental standards or other appropriate standards and obtain a permit for and install an approved connection to the public sewer system operated by the Borough of Chambersburg.

(5) Permit the Sewer Enforcement Officer to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal.

K. Pumping of on-lot septic or sewage tanks. Chambersburg Town Council may from time to time establish by resolution rules and regulations concerning the pumping of on-lot sewage disposal septic tanks and the proper disposal of settled sewage solids.

L. Sewage haulers. All sewage haulers shall be licensed by the Department of Environmental Protection. All sewage haulers shall be responsible for the disposal of all sewage collected in Chambersburg Borough at a state-approved facility. All sewage haulers shall provide a copy of the disposal receipt for each property pumped to the Borough of Chambersburg at least once per year.

M. Use of public system required. The owner of any improved property accessible to and whose principal building is within 150 feet from the sewer system shall connect such improved property with and shall use such sewer system, in such manner as Borough of Chambersburg may require, within 60 days after notice to such owner from the Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by the Borough, from time to time.

N. Effective date. These regulations shall be effective immediately upon adoption.