[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 and the regulations promulgated pursuant to the Act:
APPROVED CONTRACTOR
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.
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 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.
ON-LOT SEWAGE DISPOSAL SYSTEM
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.
SEO
The Sewage Enforcement Officer of the Township of Mount Joy,
Adams County, Pennsylvania, including alternate officers appointed
by the Board of Supervisors.
SEPTAGE
The waste content found in a septic tank.
SEWAGE MANAGEMENT DISTRICT
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.
SPRAY IRRIGATION SYSTEM
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.
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.
[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.