[Adopted 1-12-1976 by Ord. No. 31]
This article may be known and may be cited as the "Middlesex Township
Sewage Systems Ordinance."
For the purpose of this article, the following words and phrases shall
have the meanings ascribed to them in this section:
A privately owned mechanical sewage treatment plant (package treatment
plant), serving a single lot and preengineered and designed to meet the standards
set forth by the Pennsylvania Department of Environmental Protection for the
collection and treatment of sewage and/or the disposal of the discharge of
the effluent on the same lot or into the waters of the commonwealth.
The piping carrying liquid wastes from a building to the treatment
tank or retention tank.
A system whether publicly or privately owned for the collection of
sewage or industrial wastes of a liquid nature from two or more lots, three
or more equivalent single-family dwellings or commercial or industrial structures
as may be deemed necessary by the Township Sewer and Water Authority and Township
Planning Commission. The system shall consist of a satisfactorily engineered
mechanical sewage treatment plant meeting the standards set forth by the Department
of Environmental Protection and shall provide for the treatment and/or disposal
of the sewage or industrial waste on one or more of the lots or at any other
site or into the waters of the commonwealth.
A watertight receptacle which receives the liquid from the treatment
tank and provides outlets for connection to the absorption field.
A watertight receptacle and piping which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of the sewage
at another site. Holding tanks include the building sewer and retention tank
to which sewage is conveyed by a water-carrying system.
A system of piping, tanks or other facilities including the building
sewer, treatment tank, distribution box and tile field, serving a single lot
and collecting and disposing of sewage into the soil.
Any liquid, gaseous, radioactive, solid or other substance, not sewage,
resulting from any manufacturing or industry, or from any establishment as
herein defined, and mine drainage, silt, coal mine solids, rock, debris, dirt
and clay from coal mines, coal collieries, breakers or other coal processing
operations. "Industrial waste" shall include all such substances whether or
not generally characterized as waste.
Known as a "waste stabilization pond" or "oxygen contact stabilization
pond" consisting of a shallow impoundment intended to treat sewage by natural
aerobic decomposition.
A part of a subdivision or a parcel of land used as a building site
or intended to be used for building purposes, whether immediate or future.
Whenever a lot is used for a multiple-family dwelling or contains more than
one single-family dwelling, the lot shall be deemed to have been subdivided
into an equivalent number of single-family residential lots for purposes of
providing adequate sewage facilities.
Includes any individual, association, public or private corporation,
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision, municipality,
district, authority or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. Whenever used in any clause prescribing
or imposing a penalty or imposing a fine or imprisonment, the term "person"
shall include the members of an association; partnership or firm and the officers
of any local agency or municipal, public or private corporation for profit
or not for profit.
Any and all persons with an interest in real estate including equitable
and legal interests.
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 animal 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, known as "The Clean Streams Law," as amended.
The duly appointed official of Middlesex Township who reviews permit
applications, conducts such investigations and inspections as are necessary
and issues permits.
An area in which open-jointed or perforated piping is placed in gravel
trenches and then covered with earth. May herein also be called the "absorption
field." It is the area through which the liquid from a treatment tank seeps
into the soil.
Middlesex Township, Butler County, Pennsylvania.
The Secretary to the Middlesex Township Board of Supervisors.
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 sewage and is designed and constructed to provide for sludge decomposition and to separate solids from the liquid through a period of detention before allowing the liquid to be discharged to an absorption field.
AEROBIC SEWAGE TREATMENT TANKAny unit incorporating, as a part of the treatment process, a means of introducing air and oxygen into the sewage held in a storage tank or tanks so as to provide aerobic biochemical stabilization during a detention period prior to its discharge to an absorption field.
Any and all rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs and all other
bodies or channels of conveyance of surface and underground water, or any
of their parts, whether natural or artificial, within or on the boundaries
of this commonwealth.
It shall be unlawful for any property owner or other person to:
A.
Install or repair, replace, or enlarge any sewage system
within the Township without first obtaining a valid permit issued by the Township
Sewage Enforcement Officer.
B.
Install or repair, replace, or enlarge any sewage system
within the Township contrary to any conditions or requirements imposed by
the Township Sewage Enforcement Officer at the time of issuance of a permit.
C.
Begin construction or installation of a building for
which any sewage system is to be used without first obtaining a permit.
D.
Construct an individual sewage system with an absorption
field less than 500 square feet in area.
E.
Construct an individual sewage system with an absorption
field closer than:
F.
Construct a sewage system of the lagoon type.
G.
Construct a sewage system when the single-family dwelling,
multiple-family dwelling, planned residential development, commercial or industrial
building can be feasibly and legally served from the Township-operated public
community sewage system.
H.
Refuse to connect to the Township-operated public community
sewage system if connection is feasibly and legally made available to him.
The following are new construction requirements for individual sewage
systems, single-family or duplex dwellings, including residential mobile homes
not in a mobile home park. All construction shall be in accordance with the
provisions of Chapter 73 of the regulations of the Sewage Facilities Act[1] and as amended with the following exceptions and/or additions:
A.
All individual sewage systems hereafter constructed shall
have a treatment tank of not less than 1,000 gallons' capacity and meet all
other standards set forth in the Pennsylvania Sewage Facilities Act of January
24, 1966, as amended, except as noted below:
(1)
The building sewer leading from the dwelling to the treatment
tank shall be cast iron pipe or pipe of equivalent strength and durability,
laid with watertight joints with a uniform fall of at least 1/4 inch per foot,
with no turns or bends in excess of 45°.
(2)
The system shall have a distribution box of sufficient
size and capacity to accommodate the absorption field, and shall be connected
to the retention tank with not less than four-inch diameter T.C. tile or pipe
of equivalent strength and durability laid with watertight joints.
(a)
The distribution box shall have a cemented watertight
bottom, and be so constructed that the inlet from the retention tank is one
inch above the level of the outlets to the absorption field, and the floor
or bottom of said box shall be four inches to six inches below the outlets,
providing a settling pocket.
(b)
Each box shall be provided with a concrete removable
top or lid.
B.
Alternative individual sewage systems may be constructed
or installed with approval by the Pennsylvania Department of Environmental
Protection and a favorable recommendation by the Sewer and Water Authority
and the Township Planning Commission.
(1)
Where an alternative individual sewage system is used, it shall be set back from property lines a distance equal to those described for buildings in the various zones in Chapter 175, Zoning.
(2)
Alternative individual sewage system shall be screened
from adjacent residentially developed properties so as not to be visible from
those properties. Screening shall take the form of a continuous hedge which,
when mature, is at least five feet high, or a line of evergreen trees at least
three feet high when planted that will grow together when mature, or a wood
or metal fence at least five feet high and at least 50% of the area of which
shall be of solid or opaque materials. Screening may also be in the form of
a structure similar in architecture and design to the other structures on
the properties it is serving and which covers or surrounds the entire sewage
system which may be visible from adjacent properties. A favorable recommendation
by the Planning Commission is required prior to the installation of any screening.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The following are new construction requirements for community sewage systems, planned residential developments and mobile home parks as defined in Chapter 175, Zoning:
A.
Individual sewage systems using a treatment tank, distribution
box and tile field shall not be permitted to serve as a sewage system in planned
residential developments or mobile home parks.
B.
Community sewage systems. Planned residential developments
or mobile home parks shall be served by a community sewage system approved
by the Pennsylvania Department of Environmental Protection and favorably recommended
by the Township Sewer and Water Authority and Township Planning Commission.
C.
Changes in plan. Modifications, extensions or additions
to a planned residential development or mobile home park shall not be approved
until the size and capacity of the previously approved sewage system have
been analyzed and favorably recommended or approved by the Department of Environmental
Protection and the Sewer and Water Authority and the Township Planning Commission.
Such changes in the disposal system, if required, shall be treated as new
construction, and the permit herein described shall be required.
D.
Setbacks and screening. Community sewage systems shall be set back from property lines a distance equal to those described in Chapter 175, Zoning, for structures within a planned residential development and for mobile homes within a mobile home park, respectively. Community sewage disposal systems shall be screened from adjacent residentially developed properties so as not to be visible from those properties. Screening shall take the form of a continuous hedge which, when mature, is at least five feet high or a line of evergreen trees at least three feet high when planted that will grow together when mature, or a wood or metal fence at least five feet high at least 50% of the area of which shall be solid or opaque materials. Screening may also be in the form of a structure similar in architecture and design to the other structures on the properties it is serving and which covers or surrounds the entire community sewage system which may be visible from adjacent properties. A favorable recommendation by the Planning Commission is required prior to the installation of any screening.
The following are new construction requirements for sewage systems for commercial and industrial structures as defined in Chapter 175, Zoning:
A.
Individual sewage system. Systems using a treatment tank, distribution box and tile field may be permitted upon a favorable recommendation by the Township Planning Commission. Treatment tanks, distribution boxes and absorption fields shall be constructed according to § 134-4 and shall meet the requirements set forth in the Pennsylvania Sewage Facilities Act of January 24, 1966, and as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
Alternative individual sewage systems. If an individual
sewage system is not permitted, commercial and industrial structures shall
be served by an alternative individual sewage system approved by the Pennsylvania
Department of Environmental Protection and favorably recommended by the Sewer
and Water Authority and the Township Planning Commission.
C.
Holding tank system. If it is not feasible to construct
an individual sewage system or an alternative individual sewage system due
to topography, soil conditions or other land features, commercial and industrial
structures may be served by a holding tank system approved by the Middlesex
Township Planning Commission and the Sewage Enforcement Officer with prior
review by the Middlesex Township Sewer and Water Authority.
D.
Changes in plan. Modifications, extensions, or additions
to a commercial or industrial structure which increase the demand on the capability
of the previously approved sewage system shall not be approved until the size
and capacity of the previously approved sewage system has been analyzed and
favorably recommended or approved by the Department of Environmental Protection,
the Township Sewer and Water Authority and the Middlesex Township Planning
Commission. Such changes in the disposal system, if required, shall be treated
as new construction, and the permit herein described shall be required.
E.
Setbacks and screening. Where an alternative individual sewage system is used, it shall be set back from property lines a distance equal to those described in Chapter 175, Zoning, for buildings within a commercial or industrial zone, respectively. Alternative individual sewage systems shall be screened from adjacent residentially developed properties so as not to be visible from those properties. Screening shall take the form of a continuous hedge which, when mature, is at least five feet high, or a line of evergreen trees at least three feet high when planted that will grow together when mature, or a wood or metal fence at least five feet high and at least 50% of the area of which shall be of solid or opaque materials. Screening may also be in the form of a structure similar in architecture and design to the other structures on the properties it is serving and which covers or surrounds the entire sewage system which may be visible from adjacent properties. A favorable recommendation by the Planning Commission is required prior to the installation of any screening.
A.
Application for a permit to install any type of individual
or community sewage system shall be in writing on forms provided by the Township,
signed by the property owner and shall include the following (as applicable):
(1)
The Planning Module for Land Development and/or similar
information as required by the Pennsylvania Sewage Facilities Act and approved
by the Pennsylvania Department of Environmental Protection.
(2)
Legal description of the property on which the proposed
installation or alteration is to take place.
(3)
Plot plan of land showing location of any proposed or
existing buildings.
(4)
A copy of all plans and specifications for proposed treatment
plant bearing the seal of a professional engineer, registered to practice
in Pennsylvania. Plans shall show specific locations and details of all buildings,
operating equipment and piping systems necessary for the proposed plant.
(5)
Soil absorption test information, soil profile description
and percolation test report.
(6)
Location of water supply facilities, existing or proposed.
(7)
Location of any waters of this commonwealth within the
property boundaries and within 50 feet of any portion of the proposed sewage
system.
(8)
Such other items including Department of Environmental
Protection permits and approvals as may be required by the laws of the Commonwealth
of Pennsylvania and this article.
(9)
The fee for processing the application and supervision
of the installation which shall be set by resolution of the Board of Supervisors.
B.
Application for permits for an individual sewage system
shall be submitted to the Sewage Enforcement Officer who shall issue or deny
a permit within seven days from receipt of the completed application.
C.
Application for permits for a community sewage system
or an alternative individual sewage system shall be submitted to the Township
Secretary who shall forward copies of the complete application to the Township
Sewer and Water Authority and the Township Planning Commission. The Sewer
and Water Authority and the Township Planning Commission shall recommend approval
or denial of the permit within 45 days of receipt of the application by the
Township Secretary. Upon receipt of the recommendation for approval by the
Township Sewer and Water Authority and the Township Planning Commission, the
Township Secretary shall inform the Sewage Enforcement Officer to proceed
with the application under the provisions of this article. The Sewage Enforcement
Officer shall issue or deny a permit within seven days from receipt of the
application from the Township Secretary. Should the Township Sewer and Water
Authority and the Township Planning Commission recommend denial of a permit
the applicant shall be informed by the Township Secretary within seven days
after receipt of the recommendation.
D.
The Sewage Enforcement Officer shall grant or deny the
permit depending upon whether or not the proposed installation or alteration
conforms to the standards of the Pennsylvania Sewage Facilities Act, the Pennsylvania
Clean Streams Act, Rules and Regulations of the Department of Environmental
Protection of the Commonwealth of Pennsylvania and rules and regulations issued
pursuant to this article.
E.
The Sewage Enforcement Officer shall deny a permit to
any person or property owner if the sewage from the single-family dwelling,
multiple-family dwelling, planned residential development, or commercial or
industrial building can be feasibly and legally discharged into the Township-operated
public community sewage system.
A permit may be revoked by the Board of Supervisors at any time for
any one or more of the following reasons, which shall be incorporated into
the written revocation:
Any property owner aggrieved by the granting or denial of a permit under
this article shall have the right within 30 days after receipt of notice of
the denial or granting to request a hearing before the Township Board of Supervisors.
Revocation of a permit shall occur only after notice and opportunity of hearing
has been given to the permittee. The Board of Supervisors shall hold a hearing
within 15 days after receipt of such request. The hearing procedure shall
be governed by the Local Agency Law, 2 Pa.C.S.A. §§ 551 and
751 et seq., as may be hereinafter amended.
The enforcement of this article shall be the responsibility of the Sewage
Enforcement Officer who shall be approved by resolution of the Board of Supervisors.
Remuneration of the Sewage Enforcement Officer shall be determined and set
by resolution of the Board of Supervisors.
A.
Any person who violates or permits a violation of this
article shall, upon conviction in a summary proceeding brought before a District
Justice 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. All fines are to be
paid to the Township of Middlesex.
B.
A violation of the provisions of this article shall constitute
a nuisance and shall be abatable in the manner provided by law.
C.
Nothing in this article shall be construed as stopping
the Township from proceeding in courts of law of equity to abate nuisances
forbidden under this article or abate nuisances under existing law. Nothing
in this article shall in any way abridge or alter rights of actions or remedies
now or hereafter existing in equity or under the common law or statutory law,
criminal or civil.
D.
All actions hereunder shall be prosecuted in the name
of Middlesex Township.
It is the express intention of Middlesex Township that this article
be read in conjunction with all other ordinances of the Township and where
there is conflict in provisions thereof, such interpretation shall be given
to all ordinances read in conjunction as to produce a reasonable result consistent
with the intention of the Board of Supervisors in enacting such ordinances.
