[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy 11-19-1998 by Ord. No. 1998-1119. Amendments noted
where applicable.]
[Amended 11-4-2010 by Ord. No. 2010-05]
The following terms when used in this chapter
shall have the meanings below indicated. Any term not defined herein
shall have the meaning ascribed to it under the Pennsylvania Sewage
Facilities Act[1] and the regulations promulgated pursuant to the Act:
An individual, firm, partnership, corporation or other entity
experienced in the operation and maintenance of spray irrigation systems
in conformity with the laws and regulations in force in the Commonwealth
of Pennsylvania.
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.
Any system for disposal of domestic sewage involving collection,
treatment 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.
The Sewage Enforcement Officer of the Township of Mount Joy,
Adams County, Pennsylvania, including alternate officers appointed
by the Board of Supervisors.
The waste content found in a septic tank.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan (also known as the Act 557 Plan), and on the
OLDS Pumping Districts Map adopted by the Board of Supervisors, as
an area for which a sewage management program is to be implemented.
An individual sewage system permitted pursuant to the Sewage
Facilities Act of the Commonwealth of Pennsylvania, as amended from
time to time (35 P.S. § 750.1 et seq., as amended), and
in compliance with the regulations adopted from time to time by the
Department of Environmental Protection of the Commonwealth of Pennsylvania.
[1]
Editor’s Note: See 35 P.S. § 750.1.
Any person, firm, corporation, association or
other entity seeking a permit for the installation of a spray irrigation
system in the Township of Mount Joy must, prior to the issuance of
a permit by the SEO for the installation of such system, and at all
times that such system remains installed on any property, provide
to the SEO proof of a contract with an approved contractor for testing
and maintenance of the spray irrigation system. Any person, firm,
corporation, association or other entity desiring to continue using
such a system must provide to the SEO proof of a contract with an
approved contractor for testing and maintenance of the spray irrigation
system. Prior to the expiration of the term of the contract, proof
of a renewal or replacement contract with an approved contractor must
be provided to the SEO, to the end that the spray irrigation system
shall continuously be monitored and maintained by an approved contractor.
The SEO shall, upon presentation of the proof
of the maintenance contract as required herein, review the contract
to determine if it meets the requirements of all applicable laws and
regulations in force in the Commonwealth of Pennsylvania and all requirements
deemed appropriate by the SEO for the proper operation, testing and
maintenance of the covered spray irrigation system. If the SEO does
not approve of the contract or the proof of its existence, no new
permit shall issue for the spray irrigation system or an existing
permit may be revoked.
In all circumstances, whether specifically provided
in the maintenance contract or not, the approved contractor shall
provide true and correct copies of all testing results (whether such
tests are mandated or not) conducted on any spray irrigation system
located in Mount Joy Township to the SEO within 10 days of the completion
of the test.
The Board of Supervisors may, from time to time,
prescribe by resolution a fee in an amount sufficient to offset the
cost and expenses to the township for oversight by the Sewage Enforcement
Officer pursuant to this chapter. The fee shall be paid by the property
owner, tenant or other person or entity responsible for the operation
and maintenance of the spray irrigation system.
The Board of Supervisors of the Township of
Mount Joy shall from time to time adopt by resolution a list of approved
contractors with whom those responsible for spray irrigation systems
may contract for the maintenance and testing of such systems located
in Mount Joy Township. No contractor may provide maintenance and inspection
services for spray irrigation services in Mount Joy Township unless
such contractor is either included in the list of approved contractors
or has been approved by the SEO and the Department of Environmental
Protection, in writing, and a true and correct copy of the writing
has been filed in the township office.
[Added 11-4-2010 by Ord. No. 2010-05]
This article shall apply to sewage management districts as identified
in the Mount Joy Township Official Sewage Facilities Plan (Act 537
Plan), or by such other designation of districts as may be adopted
from time to time by the Board of Supervisors.
A.
Any on-lot sewage disposal system may be inspected by the Township's
Sewage Enforcement Officer (SEO) 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. A report of
the inspection shall be prepared. The report shall include all the
following information which is reasonably available to the inspector:
date of inspection; name and address of the system owner; description
and diagram of the location of the system including location of access
hatches, risers, and markers; size of tanks and disposal fields; current
occupant's name and number of users; indication of any system
malfunction observed; result of any and all soils and water tests;
and any remedial action required. The inspection report shall be provided
to the property owner and to the resident.
C.
The SEO shall have the right to enter upon land for the purpose of
inspection as described in this article. In the event that access
to inspect the property is denied, or if no responsible resident over
the age of 18 is present and a serious health or safety risk is thought
to exist, the following steps may be taken:
(1)
The SEO will officially present the matter in writing to the Township.
(2)
The Board of Supervisors may schedule a review at its next scheduled
meeting or, in the event of a present and serious health and safety
risk, earlier. If the Board of Supervisors so decides, the Board of
Supervisors may commence or may direct the SEO to commence an immediate
procedure to obtain an administrative search warrant from a magisterial
district judge.
(3)
Upon issuance of the administrative search warrant to inspect the
property, the SEO, accompanied by an officer of the Pennsylvania State
Police or local municipal police force, shall complete the inspection.
D.
The Township may establish a schedule of routine inspections to assure
the proper functioning of the on-lot sewage disposal systems in the
sewage management district.
E.
Fees relating to the inspection program and other activities of the
SEO under this article and relating to other administrative expenses
incurred by the Township in the administration and enforcement of
this article shall be set forth in a schedule adopted by the Board
of Supervisors, and as may amended from time to time, by resolution.
A.
Within an identified sewage management district (OLDS District),
the owner of a building served by an on-lot sewage disposal system
which contains a septic tank shall have the tank pumped to remove
septage and other solids by a qualified pumper/hauler once every three
years or whenever an inspection program reveals that the tank is filled
with solids or with scum in excess of 1/3 of the liquid depth of the
tank.
B.
The required pumping frequency may be increased at the discretion
of the SEO 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.
C.
Submission of pumping receipt.
(1)
Within 30 days of the date of pumping, the owner of the building
served by the septic tank shall submit a pumping receipt, together
with a written statement from the pumper/hauler or from any other
qualified individual acceptable to the Township, to the Township containing
at the minimum the following information:
(a)
Date of pumping.
(b)
Name and address of system owner.
(c)
Address of on-lot system, if different from the owner's.
(d)
Description and diagram of the location of the tank, including
the location of any markers, risers, access hatches, and size of treatment
tanks.
(e)
Condition of treatment tank baffles.
(f)
Date the system was installed (estimate if necessary).
(g)
Date of last pump-out.
(h)
List of any other maintenance performed.
(i)
Any indications of system malfunction observed.
(j)
Amount of sewage or other semisolid or solid material removed.
(k)
List of recommendations for repair and/or maintenance.
(l)
Destination of the sewage (name of facility, location of land
application site).
(2)
As it deems necessary upon review of a written statement, the Township
will direct the matter to the SEO for further action.
D.
Any person whose septic tank baffles are determined to require repair
or replacement shall first contact the SEO for approval of the necessary
repair.
E.
Any owner of a building served by a cesspool, dry well or pit privy
shall have that system pumped once every three years. If such system
serves a building which also uses unmonitored ground or surface water,
it is recommended that the water supply be tested by a state certified
laboratory on a regular basis. A building utilizing such a system
that is not in compliance with the regulations promulgated by the
Pennsylvania Department of Environmental Protection shall replace
or rehabilitate the nonconforming system with an acceptable system.
F.
Any owner of 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.
G.
The Township may require additional maintenance activity 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; diversion of surface water away from the disposal area;
and other maintenance that will assure the proper functioning of the
sewage facility.
A.
All septage pumper/haulers operating within the limits of the Township
shall be licensed by the Pennsylvania Department of Environmental
Protection and registered with the Township and shall comply with
reporting requirements established by the Township.
B.
All septage 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 at sites or facilities approved by the Pennsylvania Department
of Environmental Protection.
D.
If any pumper/hauler shall have been convicted of any violation of
this article, the Township shall have the power to suspend said pumper/hauler
from operating within the Township.
A.
Appeals from final decisions of the Township or its SEO 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 its next regularly scheduled meeting, if a written
appeal is received at least 14 days prior to that meeting. The Township
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.
The Board of Supervisors shall render a decision in writing within
45 days of the date of the final hearing.
[Amended 10-17-2013 by Ord. No. 2013-05]
This article is a regulatory scheme for the protection of health,
public safety, and water pollution, and shall be enforceable pursuant
to the Second Class Township Code. Any person who is convicted of
violating this article by a Magisterial District Judge shall be sentenced
to pay a fine of up to $1,000 for each offense and the costs of prosecution
and in default of payment of such fine and the costs of prosecution
shall undergo imprisonment of not more than 10 days. Each day of violation
shall be deemed to be a separate offense.
