[Adopted 5-20-2009 by Ord. No. 2009-05]
This article shall be known and may be cited as the "East Hempfield
Township On-Lot Sewage System Ordinance."
In accordance with municipal codes, the Clean Streams Law (Act
of June 27, 1937, 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 duty of East Hempfield Township
to provide for adequate sewage treatment facilities and for the protection
of the public by preventing the discharge of untreated or inadequately
treated sewage. The Official Sewage Facilities Plan for East Hempfield
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.
Further, the Board of Supervisors recognizes that individual
on-lot sewage disposal systems constitute a valid and approved manner
of conserving the quality of the water and other natural resources
of the Township through proper treatment of wastes generated by development
within the Township. The use of individual on-lot sewage systems must
be regulated in accordance with the regulations promulgated by the
Department of Environmental Protection which pertain to the location
and permitted types of on-lot sewage disposal systems. In addition,
the Township has determined that should the on-lot 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 on-lot sewage disposal systems.
It is the further intent of the Board to ensure that on-lot
sewage disposal systems are properly maintained. Failure to maintain
on-lot sewage disposal systems results in malfunctions which in turn
result in the pollution of the water quality and other natural resources
of the Township. On-lot sewage disposal systems should be pumped out
on a regular basis, and it is the responsibility of all landowners
to ensure such maintenance is performed.
A certain document, three copies of which have been and are
presently on file in the office of the Secretary of the Township of
East Hempfield, being marked and designated as Chapters 71, 72, and
73 of Title 25 of the Pennsylvania Code, being promulgated by the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
be and is hereby adopted as the sewage permit application 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.
ABSORPTION AREA EASEMENT
ACT
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT/DEP
DEVELOPER
HYDROGEOLOGIC STUDY
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LASA
LOT
MALFUNCTION
NONSTANDARD SYSTEM
OFFICIAL PLAN
OLDS
OWNER
PERMIT
PERSON
PLANNING COMMISSION
PLANNING MODULE FOR LAND DEVELOPMENT
PRIMARY AREA
PUMPER/HAULER BUSINESS
PUMPER'S REPORT/RECEIPT
REPLACEMENT LOCATION
RETAINING TANK
(1)
(2)
(3)
(4)
(5)
(6)
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
SOIL ABSORPTION SYSTEM
SUBDIVISION
THE CLEAN STREAMS LAW
TOWNSHIP
Definitions. All words and phrases not otherwise defined herein shall
have the meaning 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.
A portion of a lot, tract or parcel that encompasses the
primary and replacement absorption area and which shall be delineated
and preserved. The primary and replacement areas need not be contiguous.
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.
A certified sewage enforcement officer (SEO), professional
engineer or sanitarian, plumbing inspector, soils scientist, water
quality coordinator, or any other person who is designated to carry
out the provisions of this article as the agent of the Board.
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 LASA 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 the Township
Zoning Ordinance;[1] or who installs, repairs, modifies or alters an OLDS or
community sewage system serving properties within this Township other
than a governmental entity.
A study or investigation is a study of the subsurface hydrologic
and geologic conditions in an area or location. Data are collected
about the type and thickness of geologic materials, the occurrence
of groundwater, how it flows in pore spaces and/or fractures, the
quality of the groundwater, and what can be expected at wells. For
purposes of this article, the study will conform to those normally
accepted by the PA DEP.
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.
Lancaster Area Sewer Authority.
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 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.
An OLDS which has a denitrification unit or any other equipment
which is not commonly found on an 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 on-lot sewage disposal system.
Any person holding deed or title to lands within the Township.
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.
The Township Planning Commission, which has jurisdiction
under the Township Subdivision and Land Development Ordinance to review
and approve subdivision and land development plans in accordance with
the requirements of the Pennsylvania Municipalities Planning Code.
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.
An area on a lot, tract or parcel of land that has been tested
by the SEO and found suitable, based upon the then-current DEP site
requirements, for the installation of an on-lot sewage disposal system,
and which will be preserved and protected from alteration for installation
of the initial on-lot sewage disposal system for sewage generated
on that lot, tract or parcel. (See "replacement location.")
Any sole proprietor, company, partnership or corporation
which is licensed by the Department and/or other governmental agency
to engage in cleaning any or all components of a community or individual
on-lot system, holding tanks, privies, aerobic tanks, cesspools or
any other sewage disposal facility within the Township and evacuate
and transport the septage cleaned therefrom, whether for a fee or
free of charge.
A form, provided by the Township, which shall be used by
all pumper/hauler truck operators to report every pumping of an on-lot
system in the Township. Regulations – the Pennsylvania Code,
Title 25, Chapters 71, 72 and 73.[2]
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.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes, but is not limited
to, the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system having no discharge point, requiring pumpout and disposal of waste at another site.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste, employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
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.[3]
The Sewage Enforcement Officer of the Township. (SEO)
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
An on-lot system that uses the renovative capacity of the
soil for treatment. All SEO-permitted systems, except retention tank
systems, are soil absorption systems.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 52 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 East Hempfield, Lancaster County, Pennsylvania.
[2]
Editor's Note: A copy of the Pumper/Hauler's Report is included at the end of this chapter.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
After the effective date of this article, 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. 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.
After the effective date of this article, all planning modules for
land development, except planning modules for land development which
propose sewer service by means of the LASA sewer systems, shall be
accompanied by hydrogeologic tests performed in accordance with all
applicable Department regulations. The Board shall not approve any
planning module for land development which does not contain hydrogeologic
studies which demonstrate that the proposed sewage disposal facilities
will not adversely affect the groundwater or that measures will be
utilized, such as the installation of denitrification systems or dispersion
plume easements, which will address the impacts of the proposed sewage
disposal facilities.
C.
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 the effective date of this article, 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 a community sewage system operated
by a governmental entity 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 the Township Zoning
Ordinance or 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. The SEO will ensure that the selected replacement site is
of appropriate size and location to accommodate an OLDS system. In
lieu of demonstrating suitable area on the lot or on each lot to be
created, the Township may approve an initial OLDS and/or replacement
OLDS located on an adjacent tract as a modification (waiver) to this
article. At a minimum, any modification granted for this section will
be encumbered perpetually in the chain of title with an easement to
allow said OLDS, the easement of a form and content approved by the
Township Solicitor, and duly recorded at the Recorder of Deeds office
in and for Lancaster County. 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:
(1)
No improvements, whether permanent or temporary, shall be constructed
upon or within the absorption area easement.
(2)
No permanent or temporary alterations, grading, excavation, stockpiling
of any soil or any other material shall take place on or in the absorption
area easement.
(3)
During any construction or other activities, the absorption area
easement shall be so marked to prevent equipment with greater wheel
loadings than a common garden tractor/riding mower from traveling
over or operating upon the surface of the absorption area easement.
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. This
includes revisions to recorded deeds, agreements and easements. 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 resubmitted to the Township for review and
approval.
E.
A landowner wishing to alter the use of the replacement location
must first document, through a site evaluation by the SEO, that an
additional area suitable for the installation of an on-lot system
exists, and upon such a finding shall:
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under the Township Zoning Ordinance or an installation permit for an OLDS may request, as a modification (waiver) to this article requirement, that the Township grant an exception to the requirement of providing a replacement location. In addition to the required documents for a modification request (see § 200-26), the applicant for such an exception shall present credible evidence to the Township demonstrating that the lot was held in single and separate ownership on the effective date of this article; the size of the lot; inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and the testing conducted to determine that the lot is not suitable to provide a replacement location. 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 to the property owner of the person seeking to install the OLDS. 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 Township granting relief from the designation of a replacement location in accordance with § 200-19 of this article or unless such permit is requested to repair a malfunction of an existing OLDS. All permit applications shall demonstrate compliance with the following:
A.
Building and zoning permits shall not be issued for any building
or improvement to real property to be serviced by an on-lot system
prior to receiving a permit for the installation or repair of the
on-lot system from the SEO. Septic systems must be sized appropriately
and in a state of good repair prior to issuance of a building permit
for proposed building additions and renovations. If there are no repairs
to an existing OLDS, the Township's SEO is required to notify
the Township.
B.
All system components including absorption areas must be located on the same lot, tract or parcel as the structure they will serve. If the applicant proposes to locate any portion of the system on a separately deeded parcel, regardless of ownership, the location requirements of § 200-18A of this article applies.
C.
All planning modules proposing individual or community sewage systems
which require a DEP permit shall include a provision granting the
Township and its agents the right to enter the premises to inspect
the construction and/or operation of the DEP-permitted system and,
if the system is not being constructed or operated according to the
permitted design, issue a stop-work order or revoke the occupancy
permit until construction or operation is brought into compliance
with the permit.
D.
No on-lot system shall be altered, extended, augmented, modified
or repaired without the issuance of a repair permit by the SEO.
E.
No on-lot system shall be used or loaded in a manner which is inconsistent
with the permit that was issued to authorize that system's installation.
F.
Permit applications for on-lot systems which include electronically,
mechanically or other methods other than a standard septic system
must provide the Township with the manufacturer's recommended
maintenance schedule and product specifications.
G.
The requirements of this article are the minimum standard for septic
system use. Any design, inspection or pumping standard that exceeds
these standards will not be penalized.
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 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.
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.
All landowners, developers and contractors who desire to install
a nonstandard OLDS, including but not limited to a denitrification
system, in addition to all other requirements of this article, shall
also meet all of the following requirements:
A.
The record owner of the lot on which such 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 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 all 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 a public sewer system owned and operated by a governmental entity.
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the 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
nonstandard system chosen by the applicant. The financial security
shall be posted through a self-renewing 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 a public sewer system
owned and operated by a governmental entity.
C.
The applicant shall demonstrate to the Township that the proposed
nonstandard 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 nonstandard 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 nonstandard system and provide a copy of the inspection report
for verification of system function.
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.
Following any operation and maintenance recommendations of the manufacturer
of the OLDS. If the OLDS is a nonstandard system, additionally following
the operation and maintenance recommendations of the manufacturer
of the denitrification unit or other nonstandard equipment which is
part of the OLDS.
B.
The owner of a property upon which an on-lot system is constructed
shall at all times operate and maintain the on-lot system in such
condition as will permit it to function in the manner in which it
was designed and to prevent the unlawful discharge of sewage.
C.
The owner of a property upon which an on-lot system is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance and pumping, and divert surface
water and downspouts away from the absorption area and system components
and protect the absorption area(s) from physical damage.
D.
In the event a landowner detects conditions that indicate or could
reasonably be interpreted to indicate a malfunction, the landowner
shall contact the SEO and, if repair or replacement is necessary,
apply for a permit to repair or replace the malfunctioning system.
(1)
Landowners who disclose to the SEO the presence of a malfunction
upon their lands shall not be penalized for the disclosure.
(2)
If a landowner who has disclosed the presence of a malfunction fails
to make voluntary repairs, the Township may seek injunctive or other
relief to compel the repair of the malfunction or cause the repair
to be effectuated.
E.
Every aerobic or septic treatment tank which discharges effluent
to a soil absorption area or to an individual residential spray irrigation
system shall be pumped out according to the schedule established in
this article. If a component's manufacturer requires a more frequent
pumping interval than contained in this article, that interval shall
be deemed the minimum interval for pumping.
F.
When an on-lot system's treatment tank is pumped out, all dosing
tanks, lift tanks and other tanks associated with the system shall
also be pumped out.
G.
Retaining tanks shall be pumped out at such intervals as will prevent
overflow, leakage, backup, other malfunction, or a public health hazard
or nuisance, but no less frequently than 12 times per year or at sufficient
intervals to ensure the tank does not reach seventy-five-percent capacity.
Proof of pumpout of holding tanks shall be supplied to the Township.
H.
Upon completion of each required pumping, the pumper/hauler business
shall:
(1)
Complete a pumper report[1] that substantially conforms to the Township's standard
pumper report form.
[1]
Editor's Note: A copy of the pumper report form is included at the end of this chapter.
(2)
Deliver the original pumper report to the landowner.
(3)
Deliver a copy of the pumper report to the Township by the 10th business
day of the month following the month of inspection and or pumping.
(4)
The report shall be signed by the pumper and contain the information
as shown on Township's standard pumper report form.
I.
Persons undertaking the initial inspection of an on-lot system shall
have successfully completed an on-lot wastewater treatment system
inspector program such as those administered by the Pennsylvania Septage
Management Association. The Township may accept verifiable experience
or education as a substitute for the on-lot wastewater treatment system
inspector program.
J.
In addition to the requirements for initial tank pumping, the periodic
and scheduled tank pumping shall include an inspection to determine
the proper functioning of the system. The inspection and pumping will
be reported to the Township (on forms provided by the Township) regarding
the presence of any or all of the following:
(1)
Defective tank components (lids, baffles, dividers, etc.);
(2)
Before pumping, water level above outlet pipe elevation;
(3)
Following or during pumping, backflow from the absorption area;
(4)
Inflow from building(s) served to verify connection to the building(s);
and
(5)
Surface discharge, ponding or other signs of malfunction in the vicinity
of the absorption area.
K.
Any person owning a building served by an aerobic treatment tank
or an on-lot system, which includes any electrically, mechanically,
hydraulically or pneumatically operated or controlled device, shall
follow the maintenance recommendations of the equipment's manufacturer.
(1)
If not on file with the Township, a copy of the manufacturer's
recommendations and owner's manual shall accompany the pumper's
report the first time the system is pumped after the effective date
of this article.
(2)
Landowners of systems with components requiring periodic maintenance
shall submit receipts as proof of maintenance to the Township documenting
maintenance/service was performed at the intervals called for and
in a manner consistent with the various components' manufacturers.
(3)
In no case may the service or pumping intervals exceed those established
in this article.
L.
The Township through its SEO may require additional maintenance activities,
including, but not limited to, cleaning or unclogging of piping, servicing
or repair of mechanical equipment, leveling of distribution boxes,
tanks and lines, removal of obstructing roots or trees, and diversion
of surface water away from soil absorption areas.
M.
The landowner shall provide adequate access to OLDS's components
to facilitate inspection and pumpouts. This may include installing
risers extending to grade level on the inspection ports and/or manhole
portion of tanks and other components.
N.
All water used within a residence, including kitchen and laundry
wastes and water softener backwash, and all sewage shall be discharged
into a treatment tank.
O.
The Township may require the on-site pretreatment of effluents prior
to their discharge to any sewage facilities operated or owned by the
Township or any other entity, to assure that the effluent's chemical
or biological constituents are compatible with the renovation methods
employed by the receiving facilities.
P.
No sewage system shall discharge untreated or partially treated sewage
to the surface of the ground or into the waters of the Commonwealth
of Pennsylvania unless a permit to discharge has been obtained from
the DEP.
Q.
Discharging only domestic sanitary sewage into an OLDS. Discharge
of waste that is noncompatible with an OLDS is prohibited. Noncompatible
waste includes but is not limited to the following:
(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 water or groundwater, 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.
A.
At least seven days before offering pumping and inspection services
to property owners that will enable their compliance with the terms
of this article, all pumper/hauler businesses shall:
(1)
Register with the Township and comply with all reporting requirements
established herein; (Township will provide a registration form.)
(2)
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);
(3)
Provide a current fee schedule for all services required under this
article;
(4)
Provide documentation that all septage pumped from properties in
this Township will be delivered to a DEP-approved site or facility;
(5)
Provide the Township with an insurance certificate showing the hauler
has liability insurance that will cover any damages caused by the
pumper and any of his/her employees; and
(6)
Document that there is at least one employee/owner who has completed
an on-lot wastewater treatment system inspector program such as those
administered by the Pennsylvania Septage Management Association. The
Township may accept verifiable experience or education as a substitute
for the on-lot wastewater treatment system inspector program.
B.
When there is a change in the personnel/employees or vehicles that
provides services in accordance with this article, it shall be the
duty and obligation of the business owner to notify the Township of
the changes within seven days of the effective date of the change.
The Board may, by resolution, establish a fee schedule and collect
fees to cover the Township's actual costs of administering this
article.
The Board, at its sole discretion, may modify or waive the requirements
of this article insofar as the modification or waiver does not conflict
with PA DEP regulations concerning the same subject.
A.
All requests for relief of the requirements of this article will
be submitted to the Township in writing.
B.
All such requests will state the section/requirement that the applicant
is seeking relief from and provide a justification for the request.
C.
The applicant will be responsible for any or all costs to the Township
for the investigation of a modification request (engineering or legal
fees).
D.
The applicant shall pay the required fee for processing the request.
E.
The Township will act upon any request within a reasonable time;
however, lack of action by the Township does not constitute application
approval.
F.
In approving any modification request, the Township may attach any
reasonable conditions that directly relate to the subject of the request
or to the Township's responsibility to provide safe sewage disposal
and safe drinking water within the Township. Once granted, the modification
will become the minimum standard for compliance with this article.
A.
The Township is hereby divided into three districts, designated Districts
1, 2 and 3, as illustrated on the Management District Map, which is
incorporated by reference into this article as Appendix 2.[1]
[1]
Editor's Note: The Sewer District Map is included at the end of this chapter.
B.
Every on-lot system in the Township shall be inspected and every
tank associated with every system shall be pumped at least one time
within 36 months following the adoption of this article.
C.
The requirements of this section shall become effective in a sequential
manner:
|
Area
|
First Pumping and Inspection shall be Completed by:
| |
|---|---|---|
|
1
|
12 months following the adoption of this article
| |
|
2
|
24 months following the adoption of this article
| |
|
3
|
36 months following the adoption of this article
|
D.
After the initial inspection and pumping, all tanks in all systems
shall be pumped out at a minimum regular interval of once every three
years from the year of either the initial pumping or a subsequent
pumping. Tanks that have been subjected to more frequent pumping,
by the nature of their size, loading rate or other system characteristics,
should continue to receive that frequency of pumping. This article
is NOT an instruction to reduce the frequency of pumping and should
not be construed as such. This article establishes the minimum pumpout
requirement for all treatment tanks that do not exhibit characteristics
that indicate more frequent pumping is required.
E.
Landowners may choose to have tanks pumped out more frequently. System
pumpouts that are more frequent than required will be considered off-cycle
pumpouts. When more frequent pumpouts are undertaken in a manner consistent
with this article, the date of the subsequent regular pumpout shall
be deemed to be the last day of the last month three years following
the year of the voluntary pumpout. To this end, the Township will
maintain a database that tracks the pumpout dates. If a more frequent
pumping schedule is used, for example, every two years, the system
owner's three-year mandatory pumping date will be reset with each
subsequent off-cycle pumping. At any time, the owner may return to
the standard three-year cycle; however, no more than three years can
lapse between pumpouts.
F.
In the event that a landowner fails to obtain the required initial
inspection or subsequent tank pumpout, the Township's authorized
agent shall have the right to enter upon land for the purposes of
conducting inspections required by this article. Prior to entry for
inspection, the Township shall give advance notice either by phone,
by mail to the last known address which appears in the records of
the Lancaster County Tax Assessor's office, or by a written notice
posted at the entrance to the structure or other place where it is
likely to be seen by the owner to enable the occupant to be personally
present or be represented by an agent at the time of such entry.
G.
Any adult occupant of a property at the time a request to enter is
made by an authorized agent may waive their right of advance notice.
H.
In the event that access to inspect the property is denied, the Township
shall proceed according to law to obtain a search warrant and conduct
the inspection established in this article.
I.
No provision of this article shall require notice to be given before
entry where it can be observed from a public street that an on-lot
system is malfunctioning or being operated improperly.
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.
Any minimum distance requirement between a private well and
a proposed absorption area specified PA DEP regulations (Chapter 73)
is not applicable if the Township finds that the installation of a
proposed individual sewage system does not pose a threat of pollution
to any well on the same lot within the distance specified by regulation.
The minimum distance between a proposed individual sewage system on
the applicant's lot and any wells on any other lot, regardless
of the ownership of that lot, shall meet the PA DEP-required minimum
horizontal isolation distances.
A.
If a repair to a malfunctioning on-lot system is being considered,
the PA DEP well isolation distance requirements may be waived, at
the sole discretion of the Township.
C.
Upon receipt of the items required in Subsection B, the Township shall act upon the application for an exemption under this section within a reasonable period of time. As part of this process, the Township may attach any reasonable conditions to an approval.
D.
The Township will incur no liability as a result of the local agency
granting an exemption under this section.
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 ensure 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 Township regarding maintenance
of OLDS and community sewage systems in the Township and to suggest
actions which may be taken by the Board to ensure proper maintenance.
C.
To consult with the Township Engineer and the Township Solicitor,
as authorized by the Township, 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 §§ 200-19 and 200-21 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 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 shall be liable, upon summary conviction
therefor, to fines and penalties of not less than $100 nor more than
$1,000 plus all costs of prosecution, which 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 constitute 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.
The following activities are hereby declared to be nuisances:
A.
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.
B.
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.
C.
Failure to maintain an OLDS or community sewage system as required
by this article. 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 an 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 Township within 30 days
from the date of the written determination of the Sewage Enforcement
Officer. All appeals shall be accompanied by the appeals fee established
by resolution 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 45 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.
