[Adopted 4-17-1996 by Ord. No. 145]
This article shall be known and may be cited
as "An ordinance providing for a Sewage Management Program for Worcester
Township."
In accordance with municipal codes, the Clean
Stream Law (Act of June 27, 1987, P.L. 1987, No. 394, as amended,
35 P.S. § 691.1 to 691.1001) and the Pennsylvania Sewage
Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35
P.S. § 750.1 et seq., known as "Act 537"), it is the power
and the duty of Worcester Township to provide for adequate sewage
treatment facilities and for the protection of the public health by
preventing the discharge of untreated or inadequately treated sewage.
The Official Sewage Facilities Plan for Worcester Township indicates
that it is necessary to formulate and implement a sewage management
program to effectively prevent and abate water pollution and hazards
to the public health caused by improper treatment and disposal of
sewage.
The purpose of this article is to provide for
the regulation, inspection, maintenance and rehabilitation of on-lot
sewage disposal systems; to further permit intervention in situations
which may constitute a public nuisance or hazard to the public health;
and to establish penalties and appeal procedures necessary for the
proper administration of a sewage management program.
A.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
HEALTH DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE MANAGEMENT AREA
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
Employee of the Montgomery County Health Department, employee
of the Township, professional engineer, plumbing inspector or any
other qualified or licensed person who is authorized by the Township
to function within specified limits as an agent of Worcester Township
to administer or enforce the provisions of this article.
The Board of Supervisors, Worcester Township, Montgomery
County, Pennsylvania.
A system, whether publicly or privately owned, for the collection
of sewage or industrial wastes of a liquid nature from two or more
lots, and for the treatment or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
The Montgomery County Department of Health.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into waters of the commonwealth or by means of conveyance
to another site for final disposal.
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.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.[1]
Any system for disposal of domestic sewage involving pretreatment
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.
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 and 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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
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, 1987 (P.L. 1987, No. 394), known
as the "Clean Streams Law," as amended.[2]
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management plan is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act,[3] the Clean Streams Law,[4] the regulations promulgated thereunder and such other
requirements adopted by the Board to effectively enforce and administer
this article.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
The Township of Worcester, Montgomery County, Pennsylvania.
From the effective date of this article, its
provisions shall apply in any portion of the Township identified in
the Official Sewage Facilities Plan as a sewage management area. Within
such an area or areas, the provisions of this article shall apply
to all persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
A.
No person shall install, construct or request bid
proposals for construction or alter an individual sewage system or
community sewage system or construct or request bid proposals for
construction or install or occupy any building or structure for which
an individual sewage system or community sewage system is to be installed
without first obtaining a permit from the Montgomery County Health
Department, which permit shall indicate that the site and the plans
and specifications of such system are in compliance with the provisions
of the Clean Streams Law and the Pennsylvania Sewage Facilities Act
and the regulations adopted pursuant to those Acts.[1]
[1]
Editor's Note: See 35 P.S. § 691.1
et seq. and 35 P.S. § 750.1 et seq., respectively.
B.
No system or structure designed to provide individual
or community sewage disposal shall be covered from view until approval
to cover the same has been given by the Montgomery County Health Department.
If 72 hours have elapsed, excepting Sundays and holidays, since the
Health Department received notification of completion of construction,
the applicant may cover said system or structure unless permission
has been specifically refused by the Health Department.
C.
Applicants for sewage permits shall be required to
notify the Health Department of the schedule for construction of the
permitted on-lot sewage disposal system so that inspection(s), in
addition to the final inspection required by the Sewage Facilities
Act,[2] may be scheduled and performed by the Health Department.
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
D.
No building or occupancy permit shall be issued for
a new building which will contain sewage generating facilities until
a valid sewage permit has been obtained from the Health Department.
Final inspection and approval of the sewage system granted by the
Montgomery County Health Department must be made prior to issuance
of a use and occupancy permit by the Township.
E.
No building or occupancy permit shall be issued and
no work shall begin on any alteration or conversion of any existing
structure if said alteration or conversion will result in the increase
or potential increase in sewage flows from the structure until either
the structure's owner received a permit for alteration or replacement
of the existing sewage disposal system or until the structure's owner
and the appropriate officials of the Township receive written notification
from the Health Department that such a permit will not be required.
The Health Department shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
F.
Sewage permits may be issued only by the Montgomery
County Health Department.
A.
Any on-lot sewage disposal system may be inspected
by an authorized agent 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.
C.
An authorized agent shall have the right to enter
upon land for the purposes of inspections described in this section.
D.
An initial inspection shall be conducted by an authorized
agent within one year of the effective date of this article for the
purpose of determining the type and functional status of each sewage
disposal system in the sewage management area. A written report shall
be furnished to the owner of each property inspected, and a copy of
said report shall be maintained in the Township records. A copy of
this report shall also be sent to the MCHD.
E.
A schedule of routine inspections may be established
to assure the proper functioning of the sewage systems in the sewage
management area.
F.
An authorized agent shall inspect systems known to
be or alleged to be malfunctioning. Should said inspections reveal
that the system is indeed malfunctioning, the authorized agent shall
order action to be taken to correct the malfunction. If total correction
cannot be done in accordance with the regulation of the DEP, including
but not limited to those outlined in Chapter 73 of Title 25 of the
Pennsylvania Code, or is not technically or financially feasible in
the opinion of the authorized agent and a representative of the DEP,
then action by the property owner to mitigate the malfunction shall
be required.
G.
There may arise geographic areas where numerous on-lot
sewage disposal systems are malfunctioning. A resolution of these
area-wide problems may necessitate detailed planning and a revision
to the portion of the Official Sewage Facilities Plan pertaining to
areas affected by such malfunctions. When a DEP-authorized Official
Sewage Facilities Plan revision has been undertaken, mandatory repair
or replacement of individual malfunctioning sewage disposal systems
within the area affected by the revision may be delayed, pending the
outcome of the plan revision process. However, immediate corrective
action may be compelled whenever a malfunction, as determined by Township
officials and/or the Department, represents a serious public health
or environmental threat.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals including
but not limited to pesticides, disinfectants (excluding household
cleaners), acids, paints, paint thinners, herbicides, gasoline and
other solvents.
D.
Clean surface or ground water, including water from
roof or cellar drains, springs, basement sump pumps and french drains.
A.
Each person owning a building served by an on-lot
sewage disposal system which contains a septic tank shall have the
septic tank pumped by a qualified pumper/hauler within one year of
the effective date of this article. Thereafter, that person shall
have the tank pumped at least once every three years or whenever an
inspection reveals that the septic tank is filled with solids or with
scum in excess of 1/3 of the liquid depth of the tank. Receipts from
the pumper/hauler shall be submitted to the Township within the prescribed
one-year and three-year pumping periods.
B.
The required pumping frequency may be increased at
the discretion of an authorized agent 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. If any person can prove that such person's
septic tank had been pumped within three years of the one-year anniversary
of the effective date of this article, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement, except where an inspection reveals a need for
more frequent pumping frequencies.
C.
Any person owning a property served by a septic tank
shall submit, with each required pumping receipt, a written statement
from the pumper/hauler or from any other qualified individual acceptable
to the Township that the baffles in the septic tank have been inspected
and found to be in good working order. Any person whose septic tank
baffles are determined to require repair or replacement shall first
contact the Health Department for approval of the necessary repair.
D.
Any person owning 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.
E.
Any person owning a building served by a cesspool
or dry well in an area of numerous malfunctions or in an area where
a repair is not technically feasible shall have that system pumped
according to the schedule prescribed for septic tanks to eliminate
potential pollution. As an alternative to this scheduled pumping of
the cesspool or dry well, and pending any scheduled replacement of
the substandard system as identified in the Official Sewage Facilities
Plan, the owner may apply for a sewage permit from the Health Department
for a septic tank to be installed preceding the cesspool or dry well.
For this interim repair system consisting of a cesspool or dry well
preceded by an approved septic tank, only the septic tank must be
pumped at the prescribed interval. It should be noted that this procedure
is only considered a temporary solution by the MCHD, and all proposals
for this procedure are reviewed on an individual basis.
F.
Additional maintenance activity may be required 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
and trees, the diversion of surface water away from the disposal area,
etc.
A.
No person shall operate or maintain an on-lot sewage
disposal system in such a manner that it malfunctions. All liquid
wastes, including kitchen and laundry wastes and water softener backwash,
shall be discharged to a treatment tank. No sewage system shall discharge
untreated or partially treated sewage to the surface of the ground
or into the waters of the commonwealth unless a permit for such discharge
has been obtained from the DEP.
B.
A written notice of violation shall be issued to any
person who is the owner of any property which is found to be served
by a malfunctioning on-lot sewage disposal system or which is discharging
sewage without a permit.
C.
Within seven days of notification by the Township
that a malfunction has been identified, the property owner shall make
application to the Health Department for a permit to repair or replace
the malfunctioning system. Within 30 days of initial notification
by the Township, construction of the permitted repair or replacement
shall commence. Within 60 days of the original notification by the
Township, the construction shall be completed unless seasonal or unique
conditions mandate a longer period, in which case the Township shall
set an extended completion date.
D.
The Montgomery County Health Department shall have
the authority to require the repair of any malfunction by the following
methods: cleaning, repair or replacement of components of the existing
system, adding capacity or otherwise altering or replacing the system's
treatment tank, expanding the existing disposal area, replacing the
existing disposal area, replacing a gravity distribution system with
a pressurized system, replacing the system with a holding tank or
any other alternative appropriate for the specific site.
E.
In lieu of or in combination with the remedies described in Subsection D above, the Health Department may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply to the DEP for a permit to install an individual spray irrigation treatment system or a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.
Should none of the remedies described in this section
be totally effective in eliminating the malfunction of an existing
on-lot sewage disposal system, the property owner is not absolved
of responsibility for that malfunction. The Township may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
necessary.
The Township, upon written notice from the Health
Department that an imminent health hazard exists due to failure of
a property owner to maintain, repair or replace an on-lot sewage disposal
system as provided under the terms of this article, shall have the
authority to perform or contract to have performed the work required
by the Health Department. The owner shall be charged for the work
performed and, if necessary, a lien shall be entered therefor in accordance
with law.
A.
All septage originating within the sewage management
area 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 all other applicable laws and at sites or facilities
approved by the DEP. Approved sites or facilities shall include the
following: septage treatment facilities, wastewater treatment plants,
composting sites and approved farmlands.
B.
Pumper/haulers of septage operating within the sewage
management district 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 through 6018.1003) and
all other applicable laws.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.
The Township shall employ qualified individuals to
carry out the provisions of this article. Those employees may include
an administrator and such other persons as may be necessary. The Township
may also contract with private qualified persons or firms, as necessary,
to carry out the provisions of this article.
C.
All permits, records, reports, files and other written
material relating to the installation, operation and maintenance and
malfunction of on-lot sewage disposal systems in the sewage management
area shall become the property of and be maintained by the Township.
Existing and future records shall be available for public inspection
during regular business hours at the official office of the Township.
All records pertaining to sewage permits, building permits, occupancy
permits and all other aspects of the sewage management program shall
be made available, upon request, for inspection by representatives
of the Pennsylvania Department of Environmental Protection.
D.
The Township shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Township may establish a fee schedule and authorize
the collection of fees to cover the cost to the Township of administering
this program.
A.
Appeals from final decisions of the Township or any
of its authorized agents 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 a regularly scheduled meeting, if a written
appeal is received at least 14 days prior to that meeting. If the
appeal is received within 14 days of that meeting, the appeal shall
be heard at the following month's regularly scheduled meeting. The
municipality 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.
A decision shall be rendered, in writing, within 30
days of the date of the hearing.
Any person failing to comply with any provision
of this article shall be subject to a fine of not less than $100 and
costs, and not more than $300 and costs or, in default thereof, shall
be confined in the county jail for a period of not more than 30 days.
Each day of noncompliance shall constitute a separate offense.
