§ 129-56Purpose.
§ 129-57Definitions.
§ 129-58Applicability.
§ 129-59Permit requirements.
§ 129-60Inspections.
§ 129-61Operation.
§ 129-62Maintenance.
§ 129-63System rehabilitation.
§ 129-64Liens.
§ 129-65Disposal of septage.
§ 129-66Administration.
§ 129-67Appeals.
§ 129-68Violations and enforcement remedies.
This article shall be known and may be cited as "Daugherty Township Sewage Management Ordinance."
In accordance with municipal codes; the Clean Streams Law (Act of June 27, 1938 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 Daugherty 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 Daugherty Township indicates that it is necessary to formulate and implement a sewage management program, 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 are a public nuisance or hazard to the public health; and to establish penal and appeal procedures necessary for the proper administration of a sewage management program.
As used in this article, the following terms shall have the meanings indicated:
- 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., known as Act 537.
- AEROBIC TREATMENT TANK
- A mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
- AUTHORIZED AGENT
- A certified sewage enforcement officer (SEO), employee of the Township, professional engineer or sanitarian, certified on-lot sewage disposal inspector, plumbing inspector, soils scientist, water quality coordinator, or any other person who is employed, contracted out, or designated to carry out the provisions of this article as the agent of the Board of Supervisors of Daugherty Township.
- BOARD OF SUPERVISORS
- The Board of Supervisors of Daugherty Township, Beaver County, Pennsylvania.
- BUILDING
- Any structure that has water under pressure.
- COMMUNITY SEWAGE SYSTEM
- Any system, whether publicly or privately owned, for the collection of sewage from two or more lots and the treatment and/or disposal of the sewage on one or more lots or at any other site.
- DEPARTMENT (DEP)
- The Department of Environmental Protection of the Commonwealth of Pennsylvania.
- INDIVIDUAL SEWAGE SYSTEM
- 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 any waters of this commonwealth.
- MALFUNCTION
- A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, into surface waters of this commonwealth, backs up into a building connected to the system, or in any manner causes a nuisance or hazard to the public health or pollution of groundwater 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.
- OFFICIAL SEWAGE FACILITIES PLAN
- A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Board of Supervisors and approved by the Pennsylvania Department of Environmental Protection pursuant to the Pennsylvania Sewage Facilities Act.
- ON-LOT SEWAGE DISPOSAL SYSTEM
- 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.
- OWNER/OCCUPANT
- Any individual who owns, rents, leases or occupies property within the jurisdictional boundaries of Daugherty Township.
- PERSON
- 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, private or public corporation for-profit or not-for-profit.
- PLANNING MODULE FOR LAND DEVELOPMENT
- A revision to or exception to the revision of the official plan, submitted in accordance with DEP regulations, and in connection with the request for approval of a subdivision or land development plan.
- PUMPER/HAULER
- Any sole proprietor, company, partnership or corporation which engages in cleaning any or all components of a community or individual on-lot system and evacuates and transports the septage cleaned therefrom, whether for a fee or free of charge.
- REGULATIONS
- The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
- REHABILITATION
- Work done to modify, alter, repair, enlarge, or replace an existing on-lot sewage disposal system.
- REPAIR
- Work done to modify, alter, rehabilitate or enlarge an existing on-lot system.
- SEPTAGE
- The residual scum, sludge and other materials pumped from septic or aerobic treatment tanks and the systems they serve.
- SEPTIC TANK
- A treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
- 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 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, 1937, (P.L. 1987, No. 394) known as "the Clean Streams Law, " as amended.
- SEWAGE ENFORCEMENT OFFICER (SEO)
- A person certified by DEP who is employed by the Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as may be provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder, and this or any other ordinance adopted by the Township.
- SEWAGE MANAGEMENT PROGRAM
- A comprehensive set of legal and administrative requirements encompassing the requirements of this article, the Sewage Facilities Act, the Clean Streams Law, the regulations promulgated thereunder, and such other requirements adopted by the Township to effectively enforce and administer this article.
- SUBDIVISION
- 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.
- TOWNSHIP
- Daugherty Township, Beaver County, Commonwealth of Pennsylvania.
For the purposes of this article, any term which is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act and regulations promulgated thereto.
From the effective date of this article, the provisions of this article shall apply to all persons owning or occupying any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems in the Township.
All individual or community on-lot sewage disposal systems, regardless of the size of the lot, tract or parcel on which they are proposed to be constructed, are subject to issuance of a permit by the Sewage Enforcement Officer pursuant to the requirements of this article, the Act and regulations.
No on-lot sewage disposal system shall be altered, extended, augmented, modified or repaired without the issuance of a repair permit by the Sewage Enforcement Officer.
Sewage disposal permits may be issued only by a Sewage Enforcement Officer employed by the Township. The DEP shall be notified as to the identity of each Sewage Enforcement Officer employed by the Township.
Applicants for sewage disposal permits may be required to notify the Sewage Enforcement Officer 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, may be scheduled and performed by the Sewage Enforcement Officer.
Permit applications for on-lot systems which include electronically, mechanically, hydraulically or pneumatically operated or controlled devices shall be accompanied by the respective manufacturer's recommended maintenance schedule and product specifications.
No building, zoning, or occupancy permits shall be issued and no work shall begin on any building to be serviced by an on-lot system prior to receiving a permit for the installation of the on-lot system from the Sewage Enforcement Officer, 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 (35 P.S. §§ 691.1 through 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. 750.1 et seq.) and the regulations adopted pursuant to those acts.
No building, zoning 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 receives 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 a Sewage Enforcement Officer that such a permit will not be required. The Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
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 a Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the Sewage Enforcement Officer.
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.
All individual sewage system components including absorption areas must be located on the same lot, tract or parcel as the structure they will serve. Individual sewage systems or components cannot be located on a separately deeded parcel, regardless of the parcel's ownership, or through means of an easement, right-of-way or other instrument. All community sewage system components including absorption areas may be located on separate lots tracts or parcels as the structures they will serve. Community sewage systems or components may be located on a separately deeded parcel or through means of an easement, right-of-way or other instrument.
No on-lot sewage disposal system shall be used or loaded in a manner which is inconsistent with the permit that was issued to authorize that system's installation.
An authorized agent shall have the right to enter upon land for the purposes of inspections as hereinafter described and as provided for in this section.
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, provided that sufficient evidence of a malfunctioning on-lot sewage disposal system exists on the property or where it can be observed from a public street that an on-lot sewage disposal system is malfunctioning or being operated improperly.
Should inspections authorized in Subsection B of this section reveal that the system is indeed malfunctioning, the authorized agent shall order action to be taken to correct the malfunction.
Such inspection, herein authorized in Subsection B of this section, may include a physical tour of the property, the taking of samples from surface water, private wells that provide service to the public, 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 or any component of the on-lot sewage disposal system of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure. All other private wells shall be inspected, provided that the property owner and/or occupant grant authorization to the authorized agent prior to inspection. If the authorized agent is not granted authorization to test a well, the property owner and/or occupant assumes all responsibility and risks associated with the contaminated well and further acknowledges that the Township has no responsibility or liability associated with such well.
Prior to entry for inspection, herein authorized in Subsection B of this section, the Township shall give advance notice to the owner and/or occupant of a property to enable the owner and/or occupant to be personally present or be represented by an agent at the time of such entry.
Advance notice shall be given at least 10 business days prior to entry, unless waived, and shall be by any of the following:
First class U.S. mail addressed to last known address.
A written notice of distinguishable size, shape or color posted at the entrance to the structure or other place where it is likely to be seen by the owner or occupant.
A written notice shall be given to the owner or occupant of said premises either by delivering the same to such owner or occupant personally or by delivering same to and leaving it with an adult person in charge of such premises.
If the property appears to be vacant, notice shall be given by first class U.S. mail to the owner of record, at the last known address which appears in the records of the Tax Assessor's Office of Beaver County.
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.
If a situation arises in a geographic area 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 Sewage Facilities Plan pertaining to areas affected by such malfunctions. If a DEP-authorized Official Sewage Facilities Plan Revision has been undertaken, 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 will 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 waste shall be discharged into an on-lot sewage disposal system. The following shall not be discharged into the systems:
Industrial waste;
Automobile oil and other nondomestic oil;
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; and
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
Any person owning or occupying a building serviced by an on-lot sewage disposal system shall have the septic tank pumped by a qualified pumper/hauler within one year of the effective date of this article. If any person can prove that such person's septic tank has been pumped within four years of the six-month anniversary date of the effective date of this article, then that person's initial required pumping may be delayed to conform to the general four-year frequency requirement, except where an inspection reveals a need for more frequent pumping frequencies.
After the initial pumping, all tanks in all systems shall be pumped out at a minimum regular interval of once every four years from the year of either the initial pumping or a subsequent pumping or whenever an inspection reveals that the septic tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank(s). Tanks that have been subjected to more frequent pumping than the regular interval of four years described in this section, by the nature of their size, loading rate or other system characteristics, shall continue to be pumped at the more frequent interval. This article establishes the minimum pump-out requirement for all treatment tanks that do not exhibit characteristics that indicate more frequent pumping is required.
Any person owning or occupying a building served by an on-lot sewage disposal system may choose to have tanks pumped out more frequently. When more frequent pump-outs are undertaken in a manner consistent with this section of the article, the date of the subsequent regular pump-out shall be deemed to be the last day of the last month four years following the year of the voluntary pump-out.
The required pumping frequency may be increased at the discretion of an authorized agent if the septic tank is undersized, if solids build up in the tank above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder/disposal is used in the building, if the system malfunctions, or for other good cause shown. All receipts from the pumper/hauler shall be retained by the property owner or occupant after each required pumping and made available to the Township or an authorized agent of the Township upon demand.
Any person owning or occupying a building serviced 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 maintained by the owner or occupant of the property for maintenance performed at intervals specified by the manufacturer's recommendations.
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 or trees, the diversion of surface water away from the disposal area, etc.
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 waters of the commonwealth unless a permit for such discharge has been obtained from the DEP.
The Township shall compel corrective action whenever a malfunction is identified.
The Township shall issue a written notice of violation to any person who is the owner or occupant of a property in the Township on which is found a malfunctioning on-lot sewage disposal system or on which raw or partially treated sewage is discharged without a permit.
Within three days of notification by the Township that a malfunction has been identified, the owner or occupant shall provide the Township with all receipts and/or other specified information documenting the dates on which the sewage disposal system was pumped, inspected or repaired.
Within seven days of notification by the Township that a malfunction has been identified, the owner or occupant shall make application for a repair permit to abate the malfunction.
Within 30 days of the original notification by the Township, construction of the permitted repair or replacement shall commence, unless seasonal or unique conditions mandate a longer period, in which case the Township shall set an extended commencement date.
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.
The Township shall compel or may take immediate corrective action whenever a malfunction represents a public health hazard or environmental threat.
The Township's SEO shall require the repair of malfunctions by any of the following methods, either individually or in combination, which are consistent with the DEP's policies regarding best technical guidance (BTG):
Cleaning;
Repair or replacement of components of the existing system;
Adding capacity or otherwise altering or replacing the system's treatment tank;
Expanding or replacing the existing absorption area;
Replacing a gravity distribution system with a pressurized system;
Replacing the system with a holding tank;
Installation or replacement of existing water-consuming devices, fixtures or equipment with water-conserving devices, fixtures or equipment and/or the institution of water-conservation practices;
Limiting or eliminating the use of laundry facilities; or
Other alternatives, as appropriate for the specific site, to lessen or mitigate the malfunction to the greatest extent possible.
In the event that the rehabilitation measures in Subsections A through D are not feasible or effective, the owner or occupant may be required to apply for a permit to install an individual spray irrigation treatment system or submit a permit application to DEP for a single-residence treatment and discharge system. Upon receipt of said permit, the owner or occupant shall complete construction of the system within 30 days.
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot system, the owner or occupant is not absolved of responsibility for any negative effects caused by the malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
Upon written notice from the Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner or occupant to properly operate, maintain, repair or replace an on-lot system as provided under the terms of this article, the Board shall have the authority to perform or contract to have performed any repairs as may be directed by the SEO to abate the health hazard.
The costs for the actual repair, repair permit and site investigations in support of the permit shall be borne by the property owner or occupant.
The Township may take whatever action necessary to recover these costs in accordance with law, including entering a lien against the property.
The Township may seek injunctive relief to prevent continued use of a malfunctioning on-lot system.
All septage originating within the Township shall be disposed of in accordance with the requirements of the Pennsylvania 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 DEP. Approved sites and facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.
Pumper/haulers of septage 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. §§ 6018.101-6018.1003), and all other applicable laws.
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a Sewage Enforcement Officer and 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.
All permits, records, reports, files and other written materials relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the Township 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.
The Board of Supervisors shall establish all administrative procedures necessary to properly carry out the provisions of this article.
The Board of Supervisors may establish a fee schedule by resolution, and authorize the collection of fees, to cover the cost to the Township of administering this program.
Appeals from final decisions of the Township or any of its authorized agents under this article shall be made to the Township Board of Supervisors in writing within 30 days from the date of written notification of the decision in question.
The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting, provided that a written appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent 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.
A decision shall be rendered in writing within 30 days of the date of the hearing.
Any person, partnership or corporation who violates or permits the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by Daugherty Township, pay a judgment of not less than $500 and not more than $1,000, plus all court costs, including reasonable attorneys' fees incurred by Daugherty Township as a result thereof. In default of payment thereof, the defendant may be sentenced to imprisonment in the Beaver County Jail for a term of not more than 90 days. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, Daugherty Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per-diem judgment pending a final adjudication of the violation and judgment.
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section. However, nothing contained herein shall be construed or interpreted to prevent the Township from bringing any other action, including an injunction action to enforce the provisions hereof.
In addition to any other remedies provided by this article, any violation of the article shall constitute a nuisance and may be abated by the Township through equitable or legal relief from the Beaver County Court of Common Pleas.
