[Adopted 3-29-2004 by Ord. No. 537]
A.
The Borough Council recognizes that individual on-lot
sewage disposal systems constitute a valid and approved manner of
conserving the quality of the water and other natural resources of
the Borough through proper treatment of wastes generated within the
Borough for existing, developed lots when connection to the public
sewer system is not possible. The use of individual on-lot sewage
systems must be regulated in accordance with the regulations promulgated
by the Department of Environmental Protection which pertain to the
location and permitted types of on-lot sewage disposal systems. In
addition, the Borough has determined that should the on-lot sewage
system installed by a landowner fail, the water quality and other
natural resources of the Borough may be polluted. Therefore, in order
to protect the water quality and other natural resources of the Borough,
thereby protecting the health and welfare of residents and visitors,
the Borough Council desires to require procedures for the maintenance
and repair of on-lot sewage systems, including provisions concerning
the regulation of septage haulers.
B.
On-lot sewage disposal systems should be pumped out
on a regular basis, and it is the responsibility of all landowners
to insure such maintenance is performed. In order to determine that
the on-lot sewage disposal systems within the Borough are properly
maintained, the Borough shall require that all septage haulers servicing
on-lot sewage disposal systems within the Borough shall file manifests
with the Borough concerning such service. The septage haulers shall
also be required to report any malfunctioning on-lot sewage disposal
systems to the Borough.
A certain document, three copies of which have
been and are presently on file in the office of the Secretary of the
Borough of Denver, being marked and designated as Chapters 71, 72,
and 73 of Title 25 of the Pennsylvania Code, being promulgated by
the Department of Environmental Protection of the Commonwealth of
Pennsylvania, be and is hereby adopted as the sewage permit application
procedure of the Borough, and each and all of the regulations contained
in the said chapters are hereby adopted by the Borough except as modified
by this article. It is the intent of the Borough Council to adopt
all subsequent amendments and revisions to the said chapters as permitted
by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a).
If such an intent is found invalid by a court of competent jurisdiction,
it is the intent of the Council to adopt the said chapters as they
existed on the effective date of this article.
A.
Word usage. The following terms shall have the meanings
indicated. The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
B.
ACT
BOROUGH
COUNCIL
DEPARTMENT
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LOT
MALFUNCTION
MANIFEST
PERMIT
PERSON
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
Definitions.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The Borough of Denver, Lancaster County, Pennsylvania.
The Borough Council of the Borough of Denver.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any system of piping, tanks, or other facilities serving
on a single lot and collecting and disposing of sewage in whole or
in part into the soil and any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposition, and
which is located upon the lot which it serves.
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term "lot" shall include parcels equal to or greater than 10 acres
in size where the lot may be occupied by one or more persons or families.
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of the commonwealth, into surface waters of the commonwealth, backs
up into the building connected to the on-lot sewage disposal system
or otherwise causes a nuisance hazard to the public health or pollution
of ground or surface water or contamination of public or private drinking
water wells. An on-lot sewage disposal system shall be considered
to be malfunctioning if any of the conditions set forth in this definition
occur for any length of time during any period of the year.
A written report made to the Borough by a septage hauler
providing service to an OLDS within the Borough which at a minimum
contains the name and address of the septage hauler, the name of the
property owner, the address of the property upon which the OLDS is
located, a description of all services performed by the septage hauler,
the location at which any sewage or solids removed from the OLDS will
be disposed, a description of the condition of the OLDS, a statement
noting whether any malfunctions of the OLDS were observed, and a statement
noting all maintenance or repairs to the OLDS performed.
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the repair
or maintenance to an existing OLDS.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, trust, estate, or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of the action to comply with the terms
of this article, the term "person" shall include the members of an
association, partnership or firm and the officers of any public or
private corporation, whether for profit or not-for-profit.
Any person licensed by the Lancaster County Solid Waste Management
Authority, the Department or other governmental agency to remove septage
or other solids from treatment tanks of individual on-lot sewage disposal
systems, holding tanks or privies within the Borough.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health or to animals or aquatic life or to the use of
water for domestic water supply or for recreation or which constitutes
pollution under the Act of June 22, 1937, P.L. 1987, No. 394, known
as the "Clean Streams Law," as amended.[1]
The Sewage Enforcement Officer of the Borough.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
All persons who own a lot upon which an OLDS
is installed or who reside upon a lot on which an OLDS is installed
shall properly use and maintain such OLDS. Proper maintenance of an
OLDS shall include, at a minimum:
A.
Retention of a septage hauler to remove septage from
the tank of the OLDS at least once during each period of three calendar
years or whenever an inspection reveals that the treatment tank is
filled with solids in excess of one-third the liquid depth of the
tank or with scum in excess of one-third the liquid depth of the tank,
whichever shall require the more frequent removal. It is the responsibility
of the property owner to insure that septage is removed from the tank
of the OLDS in accordance with the requirements of this section. No
person other than a septage hauler shall be permitted to remove septage
from the tank of an OLDS or to otherwise dispose of any septage or
any other substance within an OLDS.
(1)
Any OLDS installed upon a property which is located within the Borough shall have septage removed from the tank of the OLDS within 12 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Borough that such OLDS had septage removed from its tank within the twenty-four-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 12 months from the effective date of this article and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of § 152-76 herein.
(2)
The date upon which any OLDS has septage removed in accordance with § 152-76 herein shall be considered the date of initial maintenance. All OLDS shall have septage removed in accordance with this section within three years from the date of initial maintenance. The OLDS shall continue to have septage removed from the tank within three years from the date of the last removal of the septage as long as the OLDS continues to be used for sewage disposal.
B.
Maintenance of surface contouring and other measures
consistent with the regulations of the Department to divert stormwater
away from the treatment facilities and absorption areas and to protect
the absorption areas from physical damage.
C.
Following any operation and maintenance recommendations
of the manufacturer of the OLDS.
D.
Eliminating all items which could interfere with functioning
of the OLDS from the waste stream deposited to the OLDS, including
but not limited to oils and grease, pesticides, paints and thinners,
and disposable products such as diapers.
Any person who owns a lot upon which an OLDS
is installed, any person who resides on a lot upon which an OLDS is
installed and any septage hauler pumping out or otherwise maintaining
an OLDS shall report any malfunctioning of such OLDS to the Borough.
Such report shall be made as soon as possible but in no case later
than three days after discovery of the malfunction.
Each septage hauler who performs maintenance
upon an OLDS within the Borough, including but not limited to pumping
out the OLDS, shall file a manifest with the Borough for each OLDS
serviced within the Borough. The septage hauler and the person who
owns the lot upon which the OLDS is installed shall be jointly responsible
for insuring the manifest is filed with the Borough.
Each owner of the lot upon which an OLDS is
installed shall arrange with the Sewage Enforcement Officer for an
inspection of the OLDS not less than once each three years. The property
owner shall bear all costs associated with such inspection. Each property
owner upon which an OLDS is installed shall arrange with the Sewage
Enforcement Officer for the initial inspection within six months after
the effective date of this article.
No person shall repair, replace, modify or alter
an OLDS unless such person obtains a permit from the Sewage Enforcement
Officer. All repairs, replacements, modifications or alterations shall
be in accordance with Department regulations.
A.
It shall be a violation of this article to commit
or permit any other person to commit any of the following acts:
(1)
To repair, modify or alter an individual OLDS without
obtaining a permit or in a manner that violates the terms and conditions
of any permit.
(2)
To install an individual OLDS except as a replacement
for a malfunctioning OLDS after obtaining all necessary permits.
(3)
To misuse or fail to maintain an individual OLDS, including, but not limited to, the failure to have the OLDS pumped at least once every three years in accordance with § 152-76A.
(4)
To fail to report a malfunctioning individual OLDS.
(5)
To fail to remedy a malfunctioning individual OLDS.
(6)
To place false information on or omit relevant information
from an application from a permit.
(7)
To occupy or permit the occupancy of any structure
served by an individual OLDS for which a valid permit has not been
obtained as required by this article.
(8)
To fail to file a manifest with the Borough after
maintenance of an OLDS.
(9)
To fail to arrange with the Sewage Enforcement Officer for an inspection of the OLDS in accordance with § 152-79.
(10)
To fail to comply with any other provision of
this article.
B.
Any person who has violated or permitted the violation
of any provision of this article shall, upon summary conviction, pay
a fine of not less than $100 and not more than $1,000 plus all court
costs recoverable by law, including to the extent allowed by law the
reasonable attorneys fees and fees of the Sewage Enforcement Officer
incurred by the Borough as a result thereof. Each day the violation
continues shall constitute a separate violation and each section violated
constitutes a separate violation.
In case any lot is maintained in violation of
this article, or any OLDS is not properly maintained or the malfunction
of any OLDS is not reported to the Borough, in addition to the other
remedies provided by law, any appropriate action or proceedings in
equity may be instituted or taken to prevent such unlawful construction
of improvements or such unlawful maintenance of such lot or the continued
use of such OLDS.
Failure to maintain an OLDS system jeopardizes
the water quality and other natural resources of the Borough. This
harm to the water quality and other natural resources of the Borough
is a danger to the health, safety and welfare of the residents of
the Borough and is hereby declared to be a nuisance and abatable as
such in accordance with the provisions of the Borough Code, Act of
February 1, 1966, P.L. 581, as amended, 53 P.S. § 46202(5).
The actual expenses of the Borough in the abatement of such nuisances
plus an additional 10% of such expenses shall be filed as a municipal
claim against the property.
Although this article is intended to provide
guidelines for the maintenance and repair of OLDS, nothing contained
herein shall be interpreted as a guarantee or warranty to applicants
or other Borough residents that systems maintained or repaired under
the provisions of this article will function as intended. The Borough
assumes no responsibility for the maintenance and/or repair of OLDS
within the Borough.