[Adopted 7-12-1989 by Ord. No. 136; amended
in its entirety 1-18-2006 by Ord. No. 220]
This article shall be known and may be cited
as the "Warwick Township Onlot and Community Sewage System Ordinance."
A.
The Board of Supervisors recognizes that individual
onlot sewage disposal systems constitute a valid and approved manner
of conserving the quality of the water and other natural resources
of the Township through proper treatment of wastes generated by development
within the Township. The use of individual onlot 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 onlot sewage disposal systems. In addition,
the Township has determined that should the onlot sewage system disposal
system installed by a landowner fail, the water quality and other
natural resources of the Township may be polluted. It is especially
of concern to the Board that such pollution may occur when a system
fails and there is no suitable area on the lot for the installation
of a replacement system. Therefore, in order to protect the water
quality and other natural resources of the Township, thereby protecting
the health and welfare of residents and visitors, the Board desires
to require that all landowners provide and set aside areas for the
installation of replacement individual onlot sewage disposal systems.
B.
It is the further intent of the Board to insure that
onlot sewage disposal systems are properly maintained. Failure to
maintain onlot sewage disposal systems results in malfunctions which
in turn results in the pollution of the water quality and other natural
resources of the Township. Onlot 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.
C.
The Board also desires to provide for the proper maintenance
of the community systems which may be installed in the Township in
the future. Proper maintenance of community sewage systems is essential
to preserve and protect the health and welfare of Township residents
and to preserve and protect the environment.
A certain document, three copies of which have
been and are presently on file in the office of the Secretary of the
Township of Warwick, 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 are hereby adopted as the sewage permit application
and installation procedure of the Township, and each and all of the
regulations contained in the said chapters are hereby adopted by the
Township except as modified by this article. It is the intent of the
Board 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 Board
to adopt the said chapters as they existed on the effective date of
this article.
A.
Word usage. In the interpretation of this article,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
B.
Definitions. All words and phrases not otherwise defined
herein shall have the meanings provided in Section 2 of the Act, 35
P.S. § 750.2, Section 71.1 of the Department's Regulations,
25 Pa. Code § 71.1, or Section 73.1 of the Department's
Regulations, 25 Pa. Code § 73.1, or the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
C.
ACT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
DEVELOPER
INDIVIDUAL ONLOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LOT
MALFUNCTION
MANIFEST
NONSTANDARD SYSTEM
OFFICIAL PLAN
OLDS
PERMIT
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PLANNING COMMISSION
REPLACEMENT LOCATION
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
THE CLEAN STREAMS LAW
TOWNSHIP
WTMA
As used in this article, the following terms shall
have the meanings indicated:
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 Board of Supervisors of the Township.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more of the lots or at any other site
and which shall comply with all applicable regulations of the Department.
Notwithstanding the foregoing, the sewage collection, transmission
and treatment systems of WTMA shall not be considered community sewage
systems for the purposes of this article.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person who files a planning module for land development with the Township; or who files an application for approval of a subdivision or land development plan proposing the subdivision or development of land within the Township; or who makes application for a permit; or who makes an application for a zoning permit under Chapter 340, Zoning; or who installs, repairs, modifies, or alters an OLDS or community sewage system serving properties within this Township other than a governmental entity.
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
and which is located upon the lot which it serves. The term also includes
an OLDS which meets the definition of "nonstandard system."
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
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 OLDS or community 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 OLDS or
community sewage disposal system or otherwise causes a nuisance hazard
to the public health or pollution of groundwater or surface water
or contamination of public or private drinking water wells. An OLDS
or community 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 Township by a septage hauler
providing service to an OLDS within the Township 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.
An OLDS which has any equipment which is not commonly found
on OLDS within Lancaster County or an OLDS which has been modified
to address groundwater contamination or other environmental issues
or any OLDS which requires additional approvals from the Department
or a modification or amendment to the Township's Official Plan.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
An individual onlot sewage disposal system.
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the initial
installation of an OLDS or the repair, replacement or enlargement
of 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.
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with Department regulations.
The Township Planning Commission.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
Any person licensed by the Department or other governmental
agency to remove septage or other solids from treatment tanks of OLDS
or community sewage disposal systems, holding tanks, privies, aerobic
tanks, cesspools, or any other sewage disposal facility within the
Township.
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 Clean Streams Law.
The Sewage Enforcement Officer of the Township.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35
P.S. § 691.1 et seq.
The Township of Warwick, Lancaster County, Pennsylvania.
Warwick Township Municipal Authority.
In order to insure compliance with the Official
Plan, all developers who request approval of planning modules for
land development or who request the review of subdivision plans, and
land development plans providing for sewage disposal proposing sewage
disposal by means of OLDS or community sewage systems shall submit
the following information to the Township for review in accordance
with the following requirements:
A.
The developer shall submit the information required by this § 245-34 to the Township with the planning module for land development or with the preliminary subdivision or land development plan, whichever the developer first submits to the Township.
B.
It is the responsibility of the developer to submit
the information to all other reviewing agencies, including but not
limited to the Lancaster County Planning Commission, in accordance
with the Department's regulations. It is the responsibility of the
developer to pay for the publication of any legal advertisement which
may be required by the Department's regulations. Failure of the developer
to pay the costs of legal advertisement within 15 days after receipt
of a copy of the newspaper's invoice shall render the submission incomplete.
C.
The developer shall submit a written report detailing
the planning and decision making steps used in the selection of the
method of sewage disposal.
A.
After November 19, 1997, no requests for approvals
of planning modules for land development and no revisions or supplements
to the Official Plan shall be granted unless the applicant presents
to the Board evidence that each lot or lot to be created contains
a suitable location for the installation of an initial OLDS except
when such lots or lots to be created are to be served by a community
sewage system. All tests required by the Department and this article
for the location of an OLDS to confirm the suitability of the location
shall be performed as approved by the Department.
B.
Well test results submitted with planning modules
will be compared with the Official Plan well test data. If the results
vary from the Official Plan well test data, the Township may require
additional testing to verify any discrepancies.
After November 19, 1997, a replacement location
for an OLDS shall be required for all lots or lots to be created which
are not serviced or to be serviced by the sewer system operated by
WTMA or for which a valid permit for an OLDS has not been issued.
The replacement location shall comply with the Act and with all regulations
issued by the Department as incorporated into this article concerning
OLDS, including isolation distances, and with the terms of this article
and any other applicable Township ordinances.
A.
Each person who shall apply for a permit under Chapter 340, Zoning, or for a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS) or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the replacement location shall be performed as approved by the Department. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B.
The developer shall identify the location of the initial
OLDS and the replacement location as confirmed by the Sewage Enforcement
Officer on the plot plans and diagrams submitted as a part of the
subdivision or land development plan and as part of the permit application.
C.
If the application has been submitted as a part of
an application for approval or review of a planning module for land
development, the developer shall identify the location of each OLDS
and each replacement location upon the plans. If the application is
for subdivision or land development approval, the developer shall
include a note on the plans stating that no improvements shall be
constructed upon the replacement location, and the deed to each lot
created as a part of the subdivision or land development shall contain
language reflecting this limitation.
D.
Any revisions to a permit affecting a replacement
location which previously has been issued pursuant to the provisions
of this article shall be approved by the Board or its authorized representative.
Any revisions to a subdivision or land development plan affecting
a replacement location which has been previously approved pursuant
to the provisions of this article shall be approved by the entity
with power to approve subdivision and land development plans in the
Township.
No person shall construct or install any permanent
or temporary improvements of any character other than the planting
of trees, shrubs, or other plant matter upon the replacement location
unless the person who desires to construct such improvements shall
demonstrate to the satisfaction of the Sewage Enforcement Officer
that an alternate replacement location which complies with all applicable
regulations of the Department, this article and all other applicable
Township ordinances exists upon the lot. If such an alternate replacement
location shall be identified, the alternate replacement location may
be considered to be the replacement location required by this article
and shall be designated as the replacement location. The newly designated
replacement location shall thereafter be considered the replacement
location for the purposes of this article.
If any lot held in single and separate ownership as November 19, 1997, shall not contain land suitable for a replacement location, the applicant for a permit under Chapter 340, Zoning, or an installation permit for an OLDS may request that the Board of Supervisors grant an exception to the requirement of providing a replacement location. Applicants for relief under this section shall submit a written application setting forth the information required by this section and shall include the application fee established by resolution or ordinance of the Board of Supervisors.
A.
The applicant for such an exception shall present
credible evidence to the Board demonstrating:
(1)
That the lot was held in single and separate ownership
on November 19, 1997;
(2)
The size of the lot;
(3)
Inability of the applicant to acquire adjacent land
or the unsuitability of adjacent land which might be able to be acquired;
and
(4)
The testing conducted to determine that the lot is
not suitable to provide a replacement location.
B.
At all times the burden to present credible evidence
and the burden of persuasion shall be upon the applicant for an exception
from the terms of this article.
The landowner and any contractor performing work upon an OLDS shall obtain a permit from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department, and this article prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Board granting relief from the designation of a replacement location in accordance with § 245-39 of this article or unless such permit is requested to repair a malfunction of an existing OLDS.
All developers within the Township shall design
sewage disposal systems in accordance with the planning policies and
methodology set forth in this section. The developer shall include
a narrative with any planning submission which shall demonstrate the
procedure used by the developer in determining the sewage disposal
facilities proposed for the development. If the developer is not required
to submit a planning submission, the developer shall present information
sufficient to demonstrate compliance with this section with his or
her application to the Sewage Enforcement Officer for a permit to
install, repair, alter or modify an OLDS.
A.
The Township encourages use of OLDS wherever feasible
and economical outside of the present and future public sewer service
area as defined by the Official Plan of the Township. Developers shall
use outside of the public sewer service area planning policies which
foster the nonsewer approach and the conservation of groundwater resources.
At a minimum, the developer shall address the following Township policies:
(1)
Establish OLDS and community sewage disposal system
ownership and maintenance responsibilities with the individual lot
owner, a homeowners' association, condominium unit owners' association
or the developer.
(2)
Provide water conservation and waste flow reduction
by the use of water-saving devices and other state of the art water
conservation methods for all new construction and the replacement
of any components of existing structures.
(3)
Recycle wastewater by relying upon OLDS for groundwater
recharge via subsurface disposal of treated wastewater.
(4)
Restrict subsurface community sewage disposal systems
to resolution of sewage related problems of existing structures.
B.
The methodology for selecting and evaluating specific
OLDS shall be a progressive multi-step process. The developer may
consider and evaluate a community sewage system outside of the public
sewered areas established by the Official Plan only when individual
OLDS are not feasible.
(1)
Evaluate individual OLDS. The approved individual
wastewater treatment systems within the Township are septic tanks,
aerobic treatment units, spray irrigation systems and, if no other
method is feasible, individual stream discharge systems. These treatment
methods may be used with the various effluent treatment and disposal
methods outlined below:
(a)
Conventional subsurface absorption system. If
a site is suitable in accordance with Department regulations for conventional
sewage disposal systems such as a septic or aerobic tank with an absorption
area (standard trench, seepage bed, subsurface sand filter or elevated
sand mounds), the appropriate combination of wastewater treatment
and effluent disposal system shall be selected as the most cost-effective
OLDS.
(b)
Conventional spray irrigation or stream discharge
system. If a site is suitable in accordance with Department regulations
for a conventional spray irrigation or individual stream discharge
system, and if the site is not suitable for a conventional subsurface
absorption system, the appropriate combination of wastewater treatment
and effluent disposal system shall be selected.
(c)
Alternate systems. The developer shall evaluate
alternate systems if there are inadequate soils or other concerns
on the site that prevent the use of conventional septic systems. These
systems shall use technology that has been proven successful. The
design of the alternate system shall be approved in accordance with
the regulations of the Department and the Act.
(d)
Experimental systems. The Township does not
encourage experimental systems. A developer may propose the use of
an experimental system only in areas where other alternatives are
not available. The developer shall submit all documentation required
for approval of the experimental system in accordance with the regulations
of the Department and the Act. Testing, monitoring and permitting
of these systems shall comply with the requirements of the Department.
(2)
Replacement location. The developer shall provide
a replacement location for each OLDS set forth above unless such OLDS
is being installed to address an existing malfunction and no replacement
location is available or unless the developer obtains a waiver from
the requirement to provide a replacement location in accordance with
the provisions of this article.
(3)
Examine combined individual and community systems.
As a remedial action, a developer may propose the linking of existing,
malfunctioning OLDS to a new development to solve the malfunctioning
condition.
(4)
Examine community sewage systems. The developer may
evaluate community sewage systems only if it is not feasible to provide
for sewage disposal through OLDS. The developer shall provide on-site
or off-site wastewater treatment. The developer shall review each
collection alternative and shall select an effluent disposal method
from the various alternatives.
C.
The developer shall evaluate the construction cost,
operation and maintenance costs, and environmental impacts of each
method of sewage disposal and shall choose the most appropriate for
maintenance of water quality. The developer shall present the evaluation
to the Township as part of its planning submission.
All landowners, developers and contractors who
desire to install, repair, modify or alter an OLDS in the Township
shall obtain a permit from the Sewage Enforcement Officer prior to
the commencement of such work. All landowners, developers and contractors
who desire to repair, modify, alter or replace any OLDS or component
of an OLDS which is or may be malfunctioning shall obtain a permit
from the Sewage Enforcement Officer prior to commencement of any work.
All work performed under any permit shall comply with the following
regulations:
A.
The holder of a permit and the contractor performing
work under such permit shall notify the Sewage Enforcement Officer
at least three working days before commencing installation, repair,
modification or alteration of the OLDS in order that one or more inspections
in addition to the final inspection required by the Department may
be scheduled and performed by the Sewage Enforcement Officer.
B.
Any OLDS permit providing for the installation or
repair of a septic tank shall require that the septic tank contain
septic solid retainers of the type as specified by the Department's
regulations. This is to obtain the highest quality effluent.
C.
If construction or installation of the OLDS and of
any building or structure for which such OLDS is to be installed has
not commenced within three years after the issuance of the permit
for such OLDS, the permit shall expire. The landowner and/or contractor
shall obtain a new permit prior to commencement of the installation,
repair, modification, replacement or alteration of the OLDS.
D.
The holder of the permit and the contractor performing
work under a permit to repair, modify, alter or replace an OLDS which
is malfunctioning or which may be malfunctioning shall notify the
Sewage Enforcement Officer within 24 hours after completion of the
work. The Sewage Enforcement Officer shall inspect the repaired, modified,
altered or rehabilitated OLDS to insure compliance with the regulations
and this article.
Any person desiring to perform soil fracturing or use of the terra lift procedure on any portion of an OLDS shall provide written notification to the Sewage Enforcement Officer at least 48 hours prior to commencement of such work. The Sewage Enforcement Officer shall review the information submitted to determine whether the proposed work is maintenance and exempt from permit requirements or is a repair, alteration, or modification which requires a permit pursuant to § 245-42 of this article. The Sewage Enforcement Officer shall notify the applicant within such forty-eight-hour period if the applicant must obtain a permit.
All landowners, developers and contractors who desire to install a nonstandard OLDS, in addition to all requirements of §§ 245-40, 245-41, and 245-42 this article, shall also meet all of the following requirements:
A.
The record owner of the lot on which such nonstandard
OLDS is to be installed and, if different, the applicant, shall enter
into an agreement with the Township, in recordable form, providing
for the long-term maintenance of the system which grants the Township
the right to enter upon the property; to inspect such system not less
than once each year and, in addition, whenever the Township receives
a complaint or otherwise has reason to believe that such system is
not functioning properly; to maintain such system if the landowner
fails to do so; and to recover the cost of any maintenance performed
plus a penalty from the landowner. The agreement shall specifically
authorize the Township to file a municipal claim against the property
to recover costs and fees and shall specifically state that its provisions
are binding upon the landowner executing the agreement and upon all
successive owners of the property, until the system is removed and
the property is connected to the WTMA sewer system.
B.
The applicant shall post financial security with the
Township to secure the future maintenance of the nonstandard OLDS
and payment of costs of annual inspection of such system. The amount
of the financial security shall be based upon the estimated cost to
maintain the particular nonstandard system chosen by the applicant.
The financial security shall be posted through an irrevocable letter
of credit in a form acceptable to the Township Solicitor or in a cash
escrow which the Township shall maintain in a non-interest-bearing
account. The Township shall not release such financial security until
the Township is provided with alternate financial security or until
the system is removed and the property is connected to the WTMA sewer
system.
C.
The applicant shall demonstrate to the Township that
the proposed nonstandard OLDS meets all applicable Department regulations
and that the applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete
set of as-built plans for the nonstandard OLDS after its installation.
E.
The applicant shall reimburse the Township for all
costs incurred in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with
the yearly inspection of the nonstandard OLDS.
G.
The Township Manager shall have the power to waive the requirement to enter into an agreement with the Township in recordable form pursuant to Subsection A or to post financial security with the Township pursuant to Subsection B. An applicant who requests such a waiver shall demonstrate to the Township Manager that the interests required by the Township are adequately protected without the recording of an agreement or posting of financial security.
All landowners, developers and contractors who
desire to install a community sewage system shall meet all of the
following requirements:
A.
The record owner of the lot on which the community
sewage system is to be installed and, if different, the applicant,
shall enter into an agreement with the Township, in recordable form,
providing for the long-term maintenance of the community sewage system
which grants the Township the right to enter upon the property; to
inspect such community sewage system not less than once each year
and, in addition, whenever the Township receives a complaint or otherwise
has reason to believe that such community sewage system is not functioning
properly; to maintain such community sewage system if the owner fails
to do so; and to recover the cost of any maintenance performed plus
a penalty from the owner. The agreement shall specifically authorize
the Township to file a municipal claim against the property served
by the community sewage system to recover costs and fees and shall
specifically state that its provisions are binding upon the landowner
executing the agreement and upon all successive owners of the property
and any lots which are served by the community sewage system until
the community sewage system is removed and the property is connected
to the WTMA sewer system or until WTMA assumes ownership and maintenance
responsibility for the community sewage system.
B.
The applicant shall post financial security with the
Township to secure the future maintenance of the community sewage
system and payment of costs of annual inspection of such system. The
amount of the financial security shall be based upon the estimated
cost to maintain the particular community sewage system chosen by
the applicant for a period of three years and shall not be less than
$5,000. The financial security shall be posted through an irrevocable
letter of credit in a form acceptable to the Township Solicitor or
in a cash escrow which the Township shall maintain in a non-interest-bearing
account. The Township shall not release such financial security until
the Township is provided with alternate financial security or until
the community sewage system is removed and the property is connected
to the WTMA sewer system or until WTMA assumes ownership and maintenance
responsibility for the community sewage system.
C.
The applicant shall demonstrate to the Township that
the proposed community sewage system meets all applicable Department
regulations and that the applicant has obtained all necessary approvals
and permits.
D.
The applicant shall provide the Township with a complete
set of as-built plans for the community sewage system after its installation.
E.
The applicant shall reimburse the Township for all
costs incurred in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with
the yearly inspection of the community sewage system.
All persons who own a lot upon which an OLDS
is installed and all persons who occupy 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 1/3 the liquid depth of the tank or
with scum in excess of 1/3 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)
After the effective date of this article, the Township
shall be divided into three sections. All property owners shall be
notified by the Township of the section to which the property is assigned.
(2)
Any OLDS installed upon a property which is located within Section 1 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 Township 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 Subsection A(5) herein.
(3)
Any OLDS installed upon a property which is located within Section 2 shall have septage removed from the tank of the OLDS within 24 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS had septage removed from its tank within the twelve-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 24 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 Subsection A(5) herein.
(4)
Any OLDS installed upon a property which is located
within Section 3 shall have septage removed from the tank of the OLDS
within 36 months from the effective date of this article.
(5)
The date upon which any OLDS has septage removed in accordance with Subsection A(2) through (4) 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.
(6)
For OLDS installed after the effective date of this
article, the OLDS must have septage removed within three years from
the date of final inspection of the OLDS or, in the case of new construction,
if the property will not be occupied within one month from the date
of final inspection of the OLDS, within three years from the date
of the issuance of the certificate of use and occupancy by the Zoning
Officer. 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.
(7)
In the event the Township shall not have received a copy of the required
manifest for any lot by the expiration of the inspection/pumping period
applicable to that lot, the Township shall provide written notification
of that fact by mail to the owner at the address of the owner as set
forth in the Lancaster County real estate tax assessment records,
and request the owner to provide a copy of the required manifest to
the Township within 30 days of the date of such notice. Failure of
the owner to provide a copy of the required manifest to the Township
within 30 days of the date of such notice shall constitute a violation
of this article.
[Added 12-18-2019 by Ord.
No. 289]
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. If the OLDS is a nonstandard OLDS,
additionally following the operation and maintenance recommendations
of the manufacturer of the nonstandard equipment which is part of
the OLDS.
D.
Discharging only domestic sanitary sewage into an
OLDS. The following types of waste shall not be discharged into an
OLDS:
(1)
Industrial waste.
(2)
Automobile oil, other nondomestic oil, grease, nonbiodegradable
soaps, detergents and/or inert materials such as coffee grounds.
(3)
Toxic or hazardous substances or chemicals, including
but not limited to pesticides, disinfectants, acids, paints, paint
thinners, herbicides, gasoline and other solvents.
(4)
Clean surface or ground water, including water from
roof or cellar drains, springs, basement sump pumps, and french drains.
(5)
Vehicle wash water and other potentially contaminated
or clean runoff or stormwater.
(6)
Disposable products such as diapers, tampons, and
similar materials.
(7)
Beauty shop waste other than a single chair beauty
shop in conjunction with a residential use.
(8)
Abattoir or butcher shop waste.
All persons who own a lot which is served by
a community sewage system shall properly use such community sewage
system. The owner of the community sewage system shall properly maintain
the community sewage system. Proper maintenance of a community sewage
system shall include at a minimum:
A.
Inspection of the community sewage system by the Township
Sewage Enforcement Officer or by a sewage enforcement officer certified
by the Department on a quarterly basis. If the inspection is performed
by a sewage enforcement officer other than the Township Sewage Enforcement
Officer, the property owner shall submit the inspection report prepared
and signed by the sewage enforcement officer to the Township within
one month after the date of inspection of the community sewage system.
All laboratory analyses required to be submitted by the Department
or the Department's regulations shall also be submitted simultaneously
to the Township to be reviewed as appropriate by the Sewage Enforcement
Officer or his designee.
B.
Removal of septage or sludge in accordance with Department
regulations and manufacturer specifications.
C.
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.
D.
Following any operation and maintenance recommendations
of the manufacturer of the community sewage system.
E.
Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in § 245-46D of this article shall not be permitted to be discharged.
Any person who owns a lot upon which an OLDS
or community sewage system is installed, any person who occupies a
lot upon which an OLDS or community sewage system is installed, any
person who owns a community sewage system, and any septage hauler
pumping out or otherwise maintaining an OLDS or community sewage system
shall report any malfunctioning of such OLDS or community sewage system
to the Township. Such report shall be made as soon as possible but
in no case later than three days after discovery of the malfunction.
[Amended 12-18-2019 by Ord. No. 289]
Each septage hauler who performs maintenance upon an OLDS within
the Township, including but not limited to pumping out the OLDS, shall
insure that after maintenance of an OLDS the septage hauler files
a manifest with the Township for each OLDS serviced within the Township
and provides the owner of the lot on which the OLDS is located with
a copy of the manifest. The owner of a lot on which an OLDS is located
is responsible to insure that the septage hauler files a copy of the
manifest with the Township after maintenance of the OLDS and, in the
event the septage hauler fails or refuses to do so, shall file a copy
of the manifest with the Township.
In addition to all other duties of the Sewage
Enforcement Officer set forth in this article, the Sewage Enforcement
Officer shall have the power and duty to enforce the provisions of
this article and to investigate any reports of malfunctioning OLDS
and community sewage system or evidence that an OLDS or community
sewage system may be malfunctioning which the Sewage Enforcement Officer
discovers. In performing these duties, the Sewage Enforcement Officer
shall have the following powers:
A.
To conduct routine inspections of properties upon
which OLDS or community sewage systems are installed as part of an
administrative program to insure compliance with this article. Any
inspections shall be performed in accordance with all applicable statutes
and constitutional provisions.
B.
To make reports as requested by the Board regarding
maintenance of OLDS and community sewage systems in the Township and
to suggest actions which may be taken by the Board to insure proper
maintenance.
C.
To consult with the Township Engineer and the Township
Solicitor, as authorized by the Board, to assist in the enforcement
of this article.
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 install, repair, modify or alter an OLDS or a community
sewage system prior to obtaining a permit or in a manner which violates
the terms and conditions of any permit.
(2)
To misuse or fail to maintain an OLDS or a community
sewage system.
(3)
To fail to report a malfunctioning OLDS or community
sewage system.
(4)
To fail to remedy a malfunctioning OLDS or community
sewage system.
(5)
To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 245-37 and 245-39 of this article.
(6)
To place false information on or omit relevant information
from an application for a permit.
(7)
To occupy or permit the occupancy of any structure
served by an OLDS for which a valid permit has not been obtained as
required by this article.
(8)
To occupy or permit the occupancy of any structure
served by a community sewage system for which a valid permit has not
been obtained as required by this article.
(9)
To commence any soil fracturing operations or use of the terra lift procedure without providing the Sewage Enforcement Officer with written notification required pursuant to § 245-43 of this article.
(10)
To fail to comply with any other provision of
this article.
B.
Any person who violates or permits the violation of
any provision of this article; or who shall use, maintain or alter
an OLDS or community sewage system in violation of any permit issued
by the Sewage Enforcement Officer; or who shall fail to remedy or
who shall negligently or improperly remedy any health hazard; or who
shall fail to completely implement a plan to remedy a health hazard
which has been reviewed and approved by the Sewage Enforcement Officer
commits a summary offense and upon conviction therefor shall be subject
to fines and penalties as follows:
(1)
For a first offense by a person taking action or failing
to take action on his or her own property, not less than $100 nor
more than $1,000 plus costs of prosecution.
(2)
For a first offense by any person where the violation
is located on or is committed upon the property of another person,
a fine of not less than $200 nor more than $1,000, plus costs of prosecution.
(3)
For any offense by any person who is a certified Sewage
Enforcement Officer, a fine of not less than $500 nor more than $1,000,
plus costs of prosecution.
(4)
For any second offense, a fine of not less than $500
nor more than $1,000, plus costs of prosecution.
(5)
For any third or subsequent offense, a fine of not
less than $750 nor more than $1,000, plus costs of prosecution.
C.
All fines and penalties may be collected as provided
by law. All fines and penalties collected for violation of this article
shall be paid over to the Township Treasurer. Each day that a violation
continues and each section of this article which is violated constitutes
a separate violation.
In case any improvement is constructed or any
lot maintained in violation of this article, or any OLDS or community
sewage system is installed, repaired, altered or modified prior to
obtaining a permit as required by this article or in a manner which
does not comply with such permit, or any OLDS or community sewage
system is not properly maintained or the malfunction of any OLDS or
community sewage system is not reported to the Township, in addition
to the other remedies provided by law, the Township may commence any
appropriate action or proceedings in equity to prevent such unlawful
construction of improvements or such unlawful maintenance of such
lot or the continued use of such OLDS or community sewage system.
A.
The following activities are hereby declared to be
nuisances:
(1)
Construction of improvements on the replacement location.
Such construction renders the replacement location useless and therefore
jeopardizes the water quality and other natural resources of the Township.
This harm to the water quality and other natural resources of the
Township is a danger to the health, safety and welfare of the residents
of the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code.
(2)
Installation, alteration or modification of an OLDS
or community sewage system without having obtained a permit as required
by this article and the regulations of the Department, or, if a permit
was obtained, in a manner which violates the terms of the permit.
(3)
Failure to maintain an OLDS or community sewage system
as required by this article.
B.
All of these actions result in pollution of the waters
of the commonwealth and other natural resources of the Township and
constitute a danger to the health, safety and welfare of Township
residents. The actual expenses of the Township in the abatement of
such nuisances plus a penalty in the amount of 25% of such expenses
shall be filed as a municipal claim against the property.
Although this article is intended to provide
guidelines for the installation and maintenance of OLDS and community
sewage systems and the identification and maintenance of a replacement
location for OLDS, nothing contained herein shall be interpreted as
a guarantee or warranty to applicants or other Township residents
that systems installed under the provisions of this article will function
as intended. The Township assumes no responsibility for the location
and/or maintenance of OLDS or community sewage systems within the
Township.
Appeals from any action of the Sewage Enforcement
Officer under this article shall be made in writing to the Board of
Supervisors within 15 days from the date of the written determination
of the Sewage Enforcement Officer. All appeals shall be accompanied
by the appeal fee established by resolution or ordinance of the Board
of Supervisors.
A.
The written appeal shall specify the precise action
from which the appeal is taken and shall set forth in concise terms
the reason for the appeal and any legal authorities supporting the
appeal period.
B.
If the appellant desires a hearing before the Board,
the appellant must request a hearing in the written appeal.
C.
If a hearing is requested in writing, the Board shall
conduct the hearing at a regular or special public meeting which occurs
not less than 14 days after receipt of the written appeal. The hearing
shall be conducted in accordance with the provisions of the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
D.
The Board shall render a decision on the appeal in
accordance with the provisions of the Local Agency Law.
Except as otherwise required by law, this article
is intended as a continuation of, and not a repeal of, existing regulations
governing the subject matter. To the extent that this article restates
regulations contained in ordinances previously enacted by the Board
of Supervisors, this article shall be considered a restatement and
not a repeal of such regulations. It is the specific intent of the
Board that all provisions of this article shall be considered in full
force and effect as of the date such regulations were initially enacted.
[Added 12-18-2019 by Ord.
No. 289]
The Township recommends that any person who transfers a lot
containing an OLDS provide the new owner with all records concerning
the maintenance of the OLDS and demonstrate compliance with this article.
The Township recommends that each person who transfers a lot containing
a nonstandard system provide the new owner with all manuals and information
provided by the manufacturer of the nonstandard system.
[Added 12-18-2019 by Ord.
No. 289]
All septage originating within the Township shall be disposed
of at sites or facilities approved by the Department. Approved sites
or facilities may include the following: septage treatment facilities,
wastewater treatment plants, composting sites, and approved farmlands.
Septage haulers operating within the Township shall operate in a manner
consistent with the provisions of the Pennsylvania Solid Waste Management
Act (Act 97 of 1980, 35 P.S. §§ 6018.101 to 6018.1003).
[Added 12-18-2019 by Ord.
No. 289]
The Board may, by resolution, establish a fee schedule and collect fees to recover the Township's actual costs of administering this article. Such fees may include, but are not limited to, fees relating to services of the Sewage Enforcement Officer as well as administrative costs relating to § 245-46 and may include penalties and interest for delinquent payment.
