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.
ABSORPTION AREA EASEMENT
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.
ACT
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.
AUTHORIZED AGENT
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.
BOARD
The Board of Supervisors of the Township.
COMMUNITY SEWAGE SYSTEM
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.
DEPARTMENT/DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
DEVELOPER
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; or who installs, repairs, modifies or alters an OLDS or
community sewage system serving properties within this Township other
than a governmental entity.
HYDROGEOLOGIC STUDY
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.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
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.
LAND DEVELOPMENT
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.
LASA
Lancaster Area Sewer Authority.
LOT
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.
MALFUNCTION
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.
NONSTANDARD SYSTEM
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.
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.
OLDS
An individual on-lot sewage disposal system.
OWNER
Any person holding deed or title to lands within the Township.
PERMIT
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.
PERSON
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.
PLANNING COMMISSION
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.
PLANNING MODULE FOR LAND DEVELOPMENT
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.
PRIMARY AREA
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.")
PUMPER/HAULER BUSINESS
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.
PUMPER'S REPORT/RECEIPT
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.
REPLACEMENT LOCATION
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.
RETAINING TANK
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:
(1)
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
(2)
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.
(3)
PRIVYA tank designed to receive sewage where water under pressure is not available.
(5)
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.
(6)
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEPTAGE
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
SEWAGE
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.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
SOIL ABSORPTION SYSTEM
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.
SUBDIVISION
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.
TOWNSHIP
The Township of East Hempfield, Lancaster County, Pennsylvania.