Township of Mount Joy, PA
Adams County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 11-19-1998 by Ord. No. 1998-1119. Amendments noted where applicable.]
GENERAL REFERENCES
Building permits and floodplain management — See Ch. 35.
Septic holding tanks — See Ch. 67.
Sewers — See Ch. 69.
Subdivision and land development — See Ch. 86.
Zoning — See Ch. 110.

§ 68-1 Definitions.

[Amended 11-4-2010 by Ord. No. 2010-05]
The following terms when used in this chapter shall have the meanings below indicated. Any term not defined herein shall have the meaning ascribed to it under the Pennsylvania Sewage Facilities Act[1] and the regulations promulgated pursuant to the Act:
APPROVED CONTRACTOR
An individual, firm, partnership, corporation or other entity experienced in the operation and maintenance of spray irrigation systems in conformity with the laws and regulations in force in the Commonwealth of Pennsylvania.
MALFUNCTION
A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, into surface waters of this commonwealth, backs up into a building connected to the system, or in any manner causes a nuisance or hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of domestic sewage involving collection, treatment and subsequent disposal of the clarified sewage into a subsurface soil absorption area or retaining tank. This term includes both individual sewage systems and community sewage systems.
SEO
The Sewage Enforcement Officer of the Township of Mount Joy, Adams County, Pennsylvania, including alternate officers appointed by the Board of Supervisors.
SEPTAGE
The waste content found in a septic tank.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in the Official Sewage Facilities Plan (also known as the Act 557 Plan), and on the OLDS Pumping Districts Map adopted by the Board of Supervisors, as an area for which a sewage management program is to be implemented.
SPRAY IRRIGATION SYSTEM
An individual sewage system permitted pursuant to the Sewage Facilities Act of the Commonwealth of Pennsylvania, as amended from time to time (35 P.S. § 750.1 et seq., as amended), and in compliance with the regulations adopted from time to time by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
[1]
Editor’s Note: See 35 P.S. § 750.1.

§ 68-2 Requirement for maintenance contract with approved contractor.

Any person, firm, corporation, association or other entity seeking a permit for the installation of a spray irrigation system in the Township of Mount Joy must, prior to the issuance of a permit by the SEO for the installation of such system, and at all times that such system remains installed on any property, provide to the SEO proof of a contract with an approved contractor for testing and maintenance of the spray irrigation system. Any person, firm, corporation, association or other entity desiring to continue using such a system must provide to the SEO proof of a contract with an approved contractor for testing and maintenance of the spray irrigation system. Prior to the expiration of the term of the contract, proof of a renewal or replacement contract with an approved contractor must be provided to the SEO, to the end that the spray irrigation system shall continuously be monitored and maintained by an approved contractor.

§ 68-3 Approval of contract terms.

The SEO shall, upon presentation of the proof of the maintenance contract as required herein, review the contract to determine if it meets the requirements of all applicable laws and regulations in force in the Commonwealth of Pennsylvania and all requirements deemed appropriate by the SEO for the proper operation, testing and maintenance of the covered spray irrigation system. If the SEO does not approve of the contract or the proof of its existence, no new permit shall issue for the spray irrigation system or an existing permit may be revoked.

§ 68-4 Provision of testing results to SEO.

In all circumstances, whether specifically provided in the maintenance contract or not, the approved contractor shall provide true and correct copies of all testing results (whether such tests are mandated or not) conducted on any spray irrigation system located in Mount Joy Township to the SEO within 10 days of the completion of the test.

§ 68-5 Fees for oversight.

The Board of Supervisors may, from time to time, prescribe by resolution a fee in an amount sufficient to offset the cost and expenses to the township for oversight by the Sewage Enforcement Officer pursuant to this chapter. The fee shall be paid by the property owner, tenant or other person or entity responsible for the operation and maintenance of the spray irrigation system.

§ 68-6 Approval of contractors.

The Board of Supervisors of the Township of Mount Joy shall from time to time adopt by resolution a list of approved contractors with whom those responsible for spray irrigation systems may contract for the maintenance and testing of such systems located in Mount Joy Township. No contractor may provide maintenance and inspection services for spray irrigation services in Mount Joy Township unless such contractor is either included in the list of approved contractors or has been approved by the SEO and the Department of Environmental Protection, in writing, and a true and correct copy of the writing has been filed in the township office.
[Added 11-4-2010 by Ord. No. 2010-05]

§ 68-7 Application.

This article shall apply to sewage management districts as identified in the Mount Joy Township Official Sewage Facilities Plan (Act 537 Plan), or by such other designation of districts as may be adopted from time to time by the Board of Supervisors.

§ 68-8 Inspections.

A. 
Any on-lot sewage disposal system may be inspected by the Township's Sewage Enforcement Officer (SEO) at any reasonable time as of the effective date of this article.
B. 
Such inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure. A report of the inspection shall be prepared. The report shall include all the following information which is reasonably available to the inspector: date of inspection; name and address of the system owner; description and diagram of the location of the system including location of access hatches, risers, and markers; size of tanks and disposal fields; current occupant's name and number of users; indication of any system malfunction observed; result of any and all soils and water tests; and any remedial action required. The inspection report shall be provided to the property owner and to the resident.
C. 
The SEO shall have the right to enter upon land for the purpose of inspection as described in this article. In the event that access to inspect the property is denied, or if no responsible resident over the age of 18 is present and a serious health or safety risk is thought to exist, the following steps may be taken:
(1) 
The SEO will officially present the matter in writing to the Township.
(2) 
The Board of Supervisors may schedule a review at its next scheduled meeting or, in the event of a present and serious health and safety risk, earlier. If the Board of Supervisors so decides, the Board of Supervisors may commence or may direct the SEO to commence an immediate procedure to obtain an administrative search warrant from a magisterial district judge.
(3) 
Upon issuance of the administrative search warrant to inspect the property, the SEO, accompanied by an officer of the Pennsylvania State Police or local municipal police force, shall complete the inspection.
D. 
The Township may establish a schedule of routine inspections to assure the proper functioning of the on-lot sewage disposal systems in the sewage management district.
E. 
Fees relating to the inspection program and other activities of the SEO under this article and relating to other administrative expenses incurred by the Township in the administration and enforcement of this article shall be set forth in a schedule adopted by the Board of Supervisors, and as may amended from time to time, by resolution.

§ 68-9 Maintenance.

A. 
Within an identified sewage management district (OLDS District), the owner of a building served by an on-lot sewage disposal system which contains a septic tank shall have the tank pumped to remove septage and other solids by a qualified pumper/hauler once every three years or whenever an inspection program reveals that the tank is filled with solids or with scum in excess of 1/3 of the liquid depth of the tank.
B. 
The required pumping frequency may be increased at the discretion of the SEO if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions, or for other good cause shown.
C. 
Submission of pumping receipt.
(1) 
Within 30 days of the date of pumping, the owner of the building served by the septic tank shall submit a pumping receipt, together with a written statement from the pumper/hauler or from any other qualified individual acceptable to the Township, to the Township containing at the minimum the following information:
(a) 
Date of pumping.
(b) 
Name and address of system owner.
(c) 
Address of on-lot system, if different from the owner's.
(d) 
Description and diagram of the location of the tank, including the location of any markers, risers, access hatches, and size of treatment tanks.
(e) 
Condition of treatment tank baffles.
(f) 
Date the system was installed (estimate if necessary).
(g) 
Date of last pump-out.
(h) 
List of any other maintenance performed.
(i) 
Any indications of system malfunction observed.
(j) 
Amount of sewage or other semisolid or solid material removed.
(k) 
List of recommendations for repair and/or maintenance.
(l) 
Destination of the sewage (name of facility, location of land application site).
(2) 
As it deems necessary upon review of a written statement, the Township will direct the matter to the SEO for further action.
D. 
Any person whose septic tank baffles are determined to require repair or replacement shall first contact the SEO for approval of the necessary repair.
E. 
Any owner of a building served by a cesspool, dry well or pit privy shall have that system pumped once every three years. If such system serves a building which also uses unmonitored ground or surface water, it is recommended that the water supply be tested by a state certified laboratory on a regular basis. A building utilizing such a system that is not in compliance with the regulations promulgated by the Pennsylvania Department of Environmental Protection shall replace or rehabilitate the nonconforming system with an acceptable system.
F. 
Any owner of a building served by an on-lot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the Township within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks.
G. 
The Township may require additional maintenance activity as needed, including, but not necessarily limited to, cleaning and unclogging of piping; servicing and the repair of mechanical equipment; leveling of distribution boxes, tanks and lines; removal of obstructing roots or trees; diversion of surface water away from the disposal area; and other maintenance that will assure the proper functioning of the sewage facility.

§ 68-10 Disposal of Pumped Septage.

A. 
All septage pumper/haulers operating within the limits of the Township shall be licensed by the Pennsylvania Department of Environmental Protection and registered with the Township and shall comply with reporting requirements established by the Township.
B. 
All septage shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.) and at sites or facilities approved by the Pennsylvania Department of Environmental Protection.
C. 
Pumper/haulers of septage operating within the sewage management district shall operate in a manner consistent with the provisions of the Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. 6018.101 et seq.
D. 
If any pumper/hauler shall have been convicted of any violation of this article, the Township shall have the power to suspend said pumper/hauler from operating within the Township.

§ 68-11 Appeals.

A. 
Appeals from final decisions of the Township or its SEO under this article shall be made to the Board of Supervisors in writing within 30 days from the date of written notification of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting, if a written appeal is received at least 14 days prior to that meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing provided that it is submitted with the written notice of appeal.
C. 
The Board of Supervisors shall render a decision in writing within 45 days of the date of the final hearing.

§ 68-12 Violations and penalties.

[Amended 10-17-2013 by Ord. No. 2013-05]
This article is a regulatory scheme for the protection of health, public safety, and water pollution, and shall be enforceable pursuant to the Second Class Township Code. Any person who is convicted of violating this article by a Magisterial District Judge shall be sentenced to pay a fine of up to $1,000 for each offense and the costs of prosecution and in default of payment of such fine and the costs of prosecution shall undergo imprisonment of not more than 10 days. Each day of violation shall be deemed to be a separate offense.