[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
This Part shall be known as and may be referred to as the Londonderry
Township "On-Lot Sewage Disposal System (OLSDS) Management Ordinance."
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
The purpose of this Part includes:
1.
Regulation of the installation, inspection, operation, rehabilitation,
replacement and timely ongoing maintenance of OLSDSs within the Township;
2.
Establishment of provisions and safeguards for the Township which
enable the issuance of permits for OLSDSs by and through the Sewage
Enforcement Officer (SEO);
3.
Registration of pumper/hauler businesses that remove and dispose
of septage;
4.
Establishment of minimum standards for the periodic pumping, treatment,
dosing and lift-pump tanks which are components of OLSDSs;
5.
Adoption of standards for inspection and pumping of systems and tanks;
and
6.
Provision for the Township to take action to correct conditions which
are declared public nuisances or hazards to the public health.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
As mandated by the municipal codes, the Clean Streams Law (35 P.S.
§§ 691.1 to 691.1001), and 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"],
municipalities have the power and the duty to provide adequate sewage
treatment facilities for the protection of the public health by preventing
the discharge of untreated or inadequately treated sewage. The Board
of Supervisors recognizes that individual and community OLSDSs constitute
a valid and approved manner of protecting the quality of the water
and other natural resources of the Township through proper treatment
of wastes generated by certain development within the Township. The
use of OLSDSs must be regulated in accordance with the regulations
promulgated by the Pennsylvania Department of Environmental Protection
(DEP) which pertain to the location and permitted types of OLSDSs.
In addition, the Township has determined that, should the OLSDSs installed
by a landowner fail, thereby endangering the health and welfare of
the residents and visitors, the Board of Supervisors desires to require
that all landowners provide and set aside areas for the installation
of replacement individual OLSDSs.
2.
It is the further intent of the Board of Supervisors to ensure that
OLSDSs are properly maintained. Failure to maintain an OLSDs can eventuate
into pollution of the groundwater and other natural resources of the
Township. OLSDSs must be pumped on a regular basis to ensure such
maintenance is performed. In order to determine that OLSDSs within
the Township are being maintained properly, all landowners using OLSDSs
shall file manifests with the Township concerning such service. The
pumpers/haulers shall also be required to report any OLSDS to the
Township which is polluting groundwater, surface waters or discharging
sewage to the surface of the ground.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code,
as promulgated by the DEP, are 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 specifically modified by this Part. It
is the intent of the Board of Supervisors to adopt automatically,
without further action of the Board, 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 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 Part.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
General Terms. In the interpretation of this Part, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
2.
ACT
ADSORPTION AREA EASEMENT
ALTERNATIVE SYSTEM
AUTHORIZED AGENT
BOARD
CESSPOOL
COMMUNITY SEWAGE SYSTEM
DEP
DEVELOPER
GRAY WATER
INDIVIDUAL SEWAGE SYSTEM
LAND DEVELOPMENT
A.
(1)
(2)
B.
C.
LOT
MALFUNCTION
MANAGEMENT PROGRAM
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM (OLSDS)
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
POLLUTION/POLLUTING
PRIMARY AREA
PUMPER/HAULER
PUMPER/HAULER BUSINESS
PUMPER'S REPORT
REHABILITATION
REPAIR
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE FACILITIES
SEWAGE MANAGEMENT PROGRAM
SHALLOW-ROOTED PLANT MATERIAL
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
TOWNSHIP
TREATMENT TANK
A.
B.
Specific Terms. For the purposes of this Part, the terms used shall
be construed to have the following meanings:
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 portion of a lot, tract, or parcel that encompasses the
primary and replacement areas and which shall be delineated and preserved.
The primary and replacement areas need not be contiguous.
A system for the disposal of domestic wastewaters not operating
below ground level but located on or near the site of the building
or buildings being served (e.g., composting toilets, gray water recycling
systems, incinerating toilets, spray irrigation and black water recycling
systems, etc.).
A licensed sewage enforcement officer, professional engineer
or sanitarian, plumbing inspector, soils scientist, or any other qualified
or licensed person who is delegated to function within the specified
limits as the agent of the Board of Supervisors of Londonderry Township
to carry out the provisions of this Part.
The Board of Supervisors of the Township of Londonderry,
Dauphin County, Pennsylvania.
A covered pit with open jointed lining which receives the
sewage or other organic wastes directly from a building drain or building
sewer. The pit retains the solid wastes and allows the liquid waste
to pass through its bottom and sides.
Any system, whether publicly or privately owned, which collects
sewage from two or more lots or uses, and the treatment and/or disposal
of the sewage occurs on one or more of the lots or at any other site
which complies with all applicable regulations of the DEP.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person, partnership or corporation which erects or contracts
to erect a building on property owned by it with the intent to sell
the building to some other party upon its full or partial completion
or upon the conveyance of property on which the building is to be
built.
Used water from a laundry, bath, or kitchen sink.
Any system of piping, tanks, or other facilities serving
a single residential unit and collecting and disposing of sewage,
in whole or in part, into the soil or any waters of the Commonwealth
of Pennsylvania or by means of conveyance to another site for final
disposal.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code (Act 170 of 1988, as amended).[1]
A designated parcel, tract, or area of land established by
a plot or otherwise as permitted and to be used, developed or built
upon as a unit.
A condition which occurs when an OLSDS discharges onto the
surface of the ground, into groundwater of this commonwealth, or 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 of 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.
The management program shall encompass the entire area of
Londonderry Township where public sewage disposal service is not available
and wastewater service is provided by OLSDS or any other alternative
system which discharges into the soils of the Township or the waters
of the commonwealth. All systems shall be operated under the jurisdiction
of the Township and other applicable laws of the Commonwealth of Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the DEP in
accordance with the Act and with applicable DEP regulations.
Any sewage system disposing of sewage, in whole or in part,
into the soil of the lot it serves or any waters of the Commonwealth
of Pennsylvania. This term includes both individual sewage systems
and community sewage systems.
Any person vested with ownership, legal or equitable, sole
or partial, of any owned property.
Any individual, company, association, society, trust, corporation
or other group or entity.
A revision to, or exception to the revision of, the Official
Sewage Facilities Plan of the Township, submitted in connection with
the request for approval of a subdivision or land development in accordance
with DEP regulations.
The discharge of raw or partially treated sewage to the surface
water, groundwater, or surface of the ground.
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 OLSDS and which will be preserved
and protected from alteration for installation of the initial OLSDS
for sewage generated on that lot, tract, or parcel.
A person who engages in cleaning any or all components of
a community or individual OLSDS and evacuates and transports the sewage
cleaned therefrom, whether for a fee or free of charge, and is certified
by the Pennsylvania Septic Management Association to perform on-lot
management treatment inspections.
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a community or
individual OLSDS and evacuates and transports the sewage cleaned therefrom,
whether for a fee or free of charge, and registered to do business
with the Township.
A form, provided by the Township, which shall be used by
all pumpers/haulers to report every pumping of an OLSDS in the Township.
Work done to modify, alter, repair, enlarge or replace an
existing OLSDS.
Work done to modify, alter, repair or enlarge an existing
OLSDS.
An area designated as the future location of an OLSDS that
shall be installed should the initial OLSDS fail or otherwise become
inoperable. The area shall meet all the regulations of the DEP and
all applicable Township ordinances for an OLSDS.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains gray water, waste products, excrement
or other discharge from the bodies of human beings, or any noxious
or deleterious substance harmful to public health, to animal or aquatic
life, to the use of water for domestic water supply or recreation
or which constitutes pollution under the Act of June 22, 1937 (P.L.
1987, No. 94), known as the "Clean Streams Law," as amended.
A person certified by the State Board for the Certification
of Sewage Enforcement Officers, who is appointed by the Board to administer
the provisions of this Part or any other ordinance adopted by the
Township, the provisions of the Act, and the regulations in Pa. Code
Title 25, Chapters 71, 72 and 73.
Any method of sewage collection, conveyance, treatment, and
disposal which will prevent the discharge of untreated or inadequately
treated sewage into the waters of the commonwealth or otherwise provide
for the safe and sanitary treatment of sewage.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this Part.
Plants with roots not normally extending beyond 12 inches
below ground level.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
The division or redivision of a lot, tract or parcel of land,
by any means, into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The Township of Londonderry, Dauphin County, Pennsylvania,
a Pennsylvania municipality, acting by and through its Board of Supervisors
and, in appropriate cases, acting by and through its authorized representatives.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its point of discharge.
[1]
Editor's Note: See 53 P.S. § 10503.
3.
All other definitions of words and terms used in this Part shall
have the same meanings as set forth in Chapter 73, Standards for Sewage
Disposal Facilities, of Title 25, Rules and Regulations, of the DEP.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
From the effective date of this Part, its provisions shall apply
to all persons owning any property serviced by an individual or community
OLSDS and to all persons installing, repairing or rehabilitating such
systems. The aforesaid notwithstanding, the Board of Supervisors may,
in its sole discretion, provide a grace period for implementation
of the provisions of this Part to persons who will be required to
connect to the Township's community sewer collection and treatment
system.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
No person shall install, construct or alter an individual sewage
system or community sewage system or install or occupy any building
or structure for which an individual sewage system or community sewage
system is to be installed without first obtaining a permit from the
Sewage Enforcement Officer of Londonderry Township, indicating that
the site, plans and specifications of such system are in compliance
with the provisions of the Pennsylvania Sewage Facilities Act (Act
of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1
et seq.) and the rules and regulations adopted by the Department of
Environmental Protection pursuant thereto. A permit shall be required
regardless of the size of the lot or tract of ground on which the
building or structure is to be constructed, altered or occupied.
2.
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 of the OLSDS from
the SEO.
3.
All system components, including adsorption areas, should be located
on the same lot, tract, or parcel as the structure they will serve.
Systems or components should not be located on a separately deeded
parcel if possible. If specific circumstances require an on-lot system
to be located on a parcel other than that of the structure it serves,
it may be located on a separate parcel through the establishment of
a duly recorded easement, right-of-way, or other instrument.
4.
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.
5.
Following the installation, but before the operation or use of all
sewage facilities installed in the Township, whether permitted by
the SEO or DEP, the applicant shall submit to the Township an as-built
drawing(s) of the entire system.
A.
All as-built drawings shall be drawn to the same scale and with the
same detail as the drawings which were submitted as part of the application
for the permit to install the sewage facility.
B.
At a minimum, the following components shall be located by actual
field measurements of the finished component's location to two immovable
points, such as, but not limited to, building corners, bridge abutments,
property corner monuments or similar features:
(1)
Four corners of each bed-type absorption system.
(2)
Four corners of each trench in a trench-type absorption system.
(3)
Inlet observation ports of all treatment, dosing, siphon, process,
surge, or other tanks.
(4)
Distribution boxes.
(5)
Chlorine pumps, table chlorinators.
(6)
Chlorine storage sites for liquid, solid, or gaseous chlorine.
(7)
Contact tanks.
C.
Distances may be incorporated in the drawing in association with
an arrow between the respective points or presented in the context
of a table.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
No person, firm or corporation shall construct, alter or extend
any individual or community sewage disposal system within the Township
of Londonderry, Dauphin County, Pennsylvania, unless he/she holds
a valid permit issued by the person or officer charged with the issuance
thereof. Permits shall be issued, if they comply with the Pennsylvania
Sewage Facilities Act and the rules and regulations issued in connection
therewith, upon the payment of a fee as designated by the Supervisors
of Londonderry Township.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
Any aggrieved party may appeal to the Board for relief from the strict
application of the provisions of this Part when such constitute a
demonstrable hardship.
3.
Appeal requests must be received by the Board within 15 days of the
action being appealed and must be accompanied by the appropriate fee
set by resolution of the Board.
4.
Within 15 days of receipt of an appeal, the Board shall schedule
a public hearing, which shall be conducted pursuant to the Local Agency
Law (2 Pa.C.S.A. § 551 et seq.).
5.
The Board shall issue its decision within 15 days of the end of the
hearing.
6.
Only in the case of a demonstrated hardship may the Board, in its
discretion, grant a variance from the provisions of this Part.
7.
At all times, the burden to present credible evidence and the burden
of persuasion shall be upon the applicant seeking relief.
8.
Relief from Replacement Area Requirement.
A.
If any unimproved lot held in single and separate ownership does
not contain suitable land for both a primary absorption area and a
replacement absorption area, the landowner desiring to install an
individual sewage system may request that the Board grant an exception
to the requirement of providing a replacement area.
B.
At a minimum, landowners seeking relief shall present credible evidence
to the Board demonstrating:
(1)
That the lot was held in single and separate ownership on the
effective date of this Part;
(2)
The size of the lot;
(3)
The results of soil evaluation and testing that were conducted
and which determine that the soil conditions on the lot are of an
extent or nature that only a primary area exists on the lot; and
(4)
The inability of the applicant to acquire adjacent land or the
unsuitability of adjacent land which might be able to be acquired.
C.
Under this subsection, the Board may condition relief on a more-frequent
pumping schedule, use of water conservation measures or other appropriate
management techniques.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
The SEO of Londonderry Township shall issue permits, review
permit applications and sewage facilities planning modules and conduct
investigations and inspections necessary to implement the Sewage Facilities
Act and the regulations thereunder. More specifically, duties of the
SEO shall include the following:
1.
Issue, deny or revoke septic system permits in accordance with state
regulations and standards.
2.
Review soil profiles (deep probes) and percolation tests.
3.
Inspect newly installed systems to ensure proper installation.
4.
Conduct initial septic system site investigations to document conditions,
determine the causes of malfunctions, and decide the extent of the
repair needed to resolve septic system malfunction problems.
5.
Issue a notice of violation to the responsible property owner for
a failed septic system and issue a sewage permit application for the
proper system repair.
6.
Issue the responsible property owner a permit to repair or replace
the malfunctioning system after any necessary site testing has been
done and an acceptable system design has been submitted.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
Any person who shall install a new or replacement OLSDS shall use
underground warning tape to identify the location of all treatment
tanks and appurtenances. The underground warning tape shall be buried
six inches below finished grade. The underground warning tape shall
be magnetic polyethylene tape, three inches in width, with a minimum
lettering of one inch.
2.
In addition, a manhole riser and cover shall be installed on all
new septic tanks to enable easy access. The riser shall extend to
the surface. A mechanism to prevent unlawful entry shall be installed
on the cover if it is brought to the surface.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
Requirements.
A.
A replacement area for an individual or community OLSDS shall be provided for all lots which are not serviced by public sewer. Lots that are served by an OLSDS that existed prior to the effective date of this Part shall be exempt from the requirements of this § 18-112.
B.
A replacement area for an individual or community OLSDS shall be
required for all unimproved lots existing prior to the effective date
of this Part which are intended to be serviced by a soil absorption
system but for which a permit to install an individual or community
OLSDS has not been issued.
C.
The replacement area provided shall comply with the Act, with all
regulations issued by the DEP concerning OLSDS, including isolation
distances, and with the terms of this Part and any other applicable
Township ordinances.
2.
Identification of Replacement Area.
A.
Each applicant who shall submit a plan for subdivision or land development
or who shall request approval of a planning module for land development
or the adoption of a revision, planning exemption, or supplement to
the Official Sewage Facilities Plan shall demonstrate to the satisfaction
of the SEO that a functional OLSDS and a suitable replacement area
exists on the residual lot. To confirm the suitability of the primary
area and replacement area, the SEO shall perform or observe all soil
tests required in Chapter 73 of the Act for the location of an OLSDS.
B.
The location of the initial OLSDS and the replacement area(s), as
confirmed by the SEO, shall be delineated and identified as an absorption
area easement on a plot plan and diagram submitted as part of the
permit application.
C.
If the application is for subdivision or land development plan approval or as part of a request that the Township approve a planning module for land development to amend its Official Sewage Facilities Plan, or approval of a request for a planning exemption to the revision of the Official Sewage Facilities Plan, the location of each initial OLSDS and each replacement area shall be noted as an absorption area easement upon the plans. If the application is for subdivision or land development approval, a note shall also be added to the plans stating that no improvements, whether permanent or temporary, shall be constructed upon or within the primary area and replacement area (absorption area easement), with the exception of those identified in Subsection 3 hereinbelow.
D.
The description, including metes and bounds, of every absorption
area easement shall be recorded as part of the deed for each lot created
as part of a subdivision or land development plan.
E.
An owner may submit a written request for planning exemption to submit
a sewage facilities planning module for any new lot using the application
mailer as provided for by the Act; said request must be approved by
the Township and the DEP.
F.
Any revisions to a permit or plan affecting a replacement area which
previously has been approved pursuant to the provisions of this Part
shall be reviewed for approval by the SEO and forwarded to the Board
of Supervisors and the owner for final approval.
3.
Construction Restrictions.
A.
The site for the primary area and replacement area shall be protected
and a note added upon the plan stating that:
(1)
No permanent or temporary improvements of any character, other
than shallow-rooted plant matter, shall be constructed upon or within
the absorption area easement.
(2)
No permanent or temporary alterations, grading, excavation,
or stockpiling of any soil or any other material shall take place
upon or within 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 loading than a common garden tractor/riding mower from traveling
over or operating upon the surface of the absorption area easement.
B.
This provision shall be enforced by the Township unless the person
who desires to construct such improvements shall demonstrate to the
satisfaction of the SEO that an alternate replacement area, which
complies with all applicable regulations of the DEP, this Part and
all other applicable Township codes and ordinances, exists upon the
lot. If an alternate replacement area is identified, the alternate
replacement area shall be designated the replacement area required
by this Part. The owner shall provide a revised plot plan to the Township
showing the location of the new replacement area.
C.
The replacement area may consist of an area set aside for any OLSDS
that is acceptable to the DEP.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
All OLSDSs shall be operated by the owner in a manner that is in
full compliance with the terms of this Part, the DEP regulations,
and the system's permit.
2.
Only sewage shall be discharged into an OLSDS.
3.
No OLSDS shall be used or loaded in a manner which is inconsistent
with the permit that was issued to authorize that system's installation.
4.
The following shall not be discharged into any individual or community
sewage system. All definitions shall be consistent with the Clean
Streams Law and the Pennsylvania Sewage Facilities Act.
5.
In accordance with § 73.11(c) of the Pennsylvania Code,
Title 25, DEP, Chapter 73, kitchen and laundry wastes and water softener
backwash shall be discharged to a treatment tank.
6.
No sewage system shall discharge untreated or partially treated sewage
to the surface of the ground, or into the waters of the commonwealth,
unless a permit to discharge has been obtained from the DEP.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
The owner of a property upon which an OLSDS is located shall at all
times operate and maintain the 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.
2.
The owner of a property upon which an OLSDS is located 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.
3.
In the event an owner detects conditions that indicate or could reasonably
be interpreted to indicate the OLSDS is not operating properly, the
owner shall contact the SEO and, if repair or replacement is necessary,
apply for and obtain a permit to repair or replace the system.
5.
When a treatment tank is pumped out, all dosing tanks, sand filter
tanks, lift tanks and other tanks associated with the system shall
also be pumped out.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
The Township is hereby divided into five districts, designated as
On-Lot Management District A and B and Sewer Districts 1, 2 and 3,
as illustrated on the On-Lot Sewer Management District Map, which
is incorporated by reference into this Part as Appendix 1, and as
may be amended from time to time.
2.
Every OLSDS in the Township shall be inspected and every treatment
tank or cesspool associated with every OLSDS shall be pumped at least
one time according to the following district and pumping schedule:
|
District
|
Pumping and Inspection Shall Be Completed By
| |
|---|---|---|
|
Sewer District Nos. 1 and 2
|
6-1-2014 to 6-30-2015
| |
|
Sewer District No. 3
|
6-1-2015 to 6-30-2016
| |
|
On-Lot Management District B
|
6-1-2016 to 6-30-2017
| |
|
On-Lot Management District A
|
6-1-2017 to 6-30-2018
|
3.
After the initial pumping/inspection, all treatment tanks or cesspools
in an OLSDS shall continue to 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. Treatment tanks that have been subject to
more-frequent pumping, by the nature of their size, loading rate or
other system characteristics, should continue to receive that frequency
of pumping.
4.
After the completion of the first cycle of inspections as set forth in § 18-115, Subsection 2, above, the Township may allow treatment tanks to be pumped out at less-frequent intervals when the owner can demonstrate to the Township that the property the OLSDS serves is not occupied on a full-time basis or for other acceptable reasons. Such a request may be made at any time and must be in writing. The Township, in making its determination, shall take into account the information submitted by the applicant, the sewerage permit issued by the SEO, and any other supporting documentation or information. The Township may also conduct an on-site inspection of the OLSDS to verify its current condition. The applicant shall bear the cost of any inspection or soil and water sampling conducted for the purposes of evaluating the request.
5.
The required pumping frequency may be increased at the discretion
of the Township if the treatment tank is undersized, if solids buildup
is above average, if the hydraulic load on the system increases significantly,
if a garbage grinder is used, if the system malfunctions, or if the
treatment tank is filled with solids in excess of 1/3 of the liquid
depth of the tank or with scum in excess of 1/3 of the liquid depth
of the tank.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
Each pumper/hauler shall have a person, certified by the Pennsylvania
Septic Management Association, present during the initial and subsequent
pumping to inspect, observe, confirm and report on the condition of
the OLSDS.
2.
Upon completion of each required pumping, the pumper/hauler business
shall:
A.
Complete a pumpers report.
B.
Deliver a copy of the pumper's report to the Township within 15 days
of pumping. The Township shall provide a copy of the pumper's report
to the SEO.
C.
Deliver a copy of the pumper's report to the owner upon completion
of pumping.
D.
Collect any administrative fee as set forth by the Township and deliver
the administrative fee to the Township with the pumper's report.
3.
The pumper's report shall be on a Township-provided form, which is
incorporated by reference into this Part as Appendix 2, and as may
be amended from time to time without the requirement to amend this
Part. The pumper's report shall include the required information as
outlined on Appendix 2.
4.
Should the pumping/inspection reveal that the OLSDS is polluting
the groundwater or surface waters or discharging to the surface of
the ground, the pumper/hauler shall notify the Township, which shall
notify the owner, in accordance with this Part, to take corrective
action of the pollution.
5.
In the event that an owner fails to carry out the requirements for
the initial or subsequent pumping/inspection, the SEO shall have the
right to enter upon land for the purpose of conducting inspections
required by this Part.
6.
The SEO shall make an effort to contact the owner, current tenant,
or both, in writing, prior to conducting the inspection. The notice
shall include the date and time of the inspection and the reason for
the inspection. If the owner or tenant cannot be reached and, in the
judgment of the SEO, there is an immediate and substantial safety,
water pollution or health hazard, the SEO may enter upon the property
and proceed with the inspection of the OLSDS.
7.
No provision of this Part shall require notice to be given before
entry where it can be observed from a public street or abutting property
(with the consent of the abutting property owner) that an OLSDS is
polluting.
8.
Any OLSDS or an alternative system which contains an aerobic sewage
treatment tank shall follow the operating 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 Part. Thereafter,
service receipts shall be submitted to the Township at the intervals
specified by the manufacturer's recommendations.
9.
The Township may require additional maintenance activity as determined
by the SEO, including, but not necessarily limited to, cleaning and
unclogging of piping; servicing and repair of mechanical equipment;
leveling of distribution boxes, tanks and lines; removal of obstructing
roots or trees; and diversion of surface water away from the disposal
area. Repair or rehabilitation permits issued by the SEO must be secured
before these activities are commenced.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
No person shall operate or maintain an OLSDS in such a manner that
it causes pollution. All liquid wastes, including bathroom, kitchen
and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage facility shall discharge untreated
or partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit to discharge has been obtained
from the DEP.
2.
The Township shall issue a written notice of violation to any person
who is the owner of a property in the Township which is found to be
served by an OLSDS which is discharging raw or partially treated sewage
to the surface water, groundwater or surface of the ground.
3.
Within 15 days of notice of violation by the Township that pollution
has been identified, the owner shall make application to the Township's
SEO for a repair or rehabilitation permit to abate the pollution.
Within 90 days of the original notification by the Township, construction
of the permitted repair or rehabilitation shall commence. Within 120
days of the original notification by the Township, the repair or rehabilitation
shall be completed, unless seasonal or unique conditions mandate a
longer period, in which case the Township may set an extended completion
date.
4.
The Township shall compel, or may take, immediate corrective action
whenever the pollution represents a public health hazard or environmental
threat. In the event the Township, or its agents or contractors, takes
such corrective action, the owner of the property shall be charged
for the costs of work, and related expenses, performed by the Township,
or its agents or contractors, which costs shall become a lien on the
property and shall be recovered and collected by the Board of Supervisors
by the filing of a municipal claim in relation to the property, reducing
said claim to judgment and executing upon such judgment, or by instituting
a suit to recover such costs or expenses to be charged against the
property as a lien or against the person or legal entity as a personal
judgment.
5.
The Township's SEO shall have the authority to require the repair
or rehabilitation of any pollution by the following methods: cleaning,
repair or replacement of components of the existing system; adding
capacity or otherwise altering or replacing the system's treatment
tank; expanding the existing disposal area; replacing the existing
disposal area; replacing a gravity distribution system with a pressurized
system; or other alternatives as appropriate for the specific site,
in accordance with the Act.
6.
In lieu of or in combination with the remedies described in § 18-117, Subsection 5, above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures having an OLSDS. Water-using devices and appliances in the structure may be retrofit with water-saving appurtenances or they may be replaced by water-conserving devices and appliances. Wastewater generated in the structure may also be reduced by water usage patterns in the structure served.
7.
In the event that the repair or rehabilitation measures in § 18-117, Subsections 1 through 6, above are not feasible or do not prove effective, the owner is not absolved of the responsibility for any negative effects caused by the malfunction, and the Township may require the owner to apply for a permit to install a holding tank in accordance with Township Ordinance No. 1994-3B, as amended and supplemented.[1] Upon receipt of said permit, the owner shall complete
the installation of the holding tank within 90 days, unless seasonal
or unique conditions mandate a longer period, in which case the Township
may set an extended completion date.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of an owner to maintain, repair
or rehabilitate an OLSDS as provided under the terms of this Part,
shall have the authority to perform or contract to have performed
the work required by the SEO. The Township shall retain the right
to reclaim fees and costs in accordance with applicable laws.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
Each pumper/hauler business providing pumping services to owners
of an OLSDS within the Township, including but not limited to pumping
out the OLSDS, shall register with the Township at least seven days
before offering such services. Such registration shall include but
is not limited to the following:
A.
The name, address, and telephone number of the pumper/hauler business.
B.
Identification of all persons that will perform these services in
the Township.
C.
List of all vehicles, including make, year, model and motor vehicle
registration number.
D.
Copy of insurance coverage, with minimum coverages as follows: compliance
with the Workers' Compensation Act, and the Social Security Act, as
amended, and liability insurance in an amount of not less than $1,000,000
for injuries, including accidental death, to any one person and subject
to the same limit for each person, in an amount of no less than $2,000,000
on account of one accident, and property damage insurance in an amount
of not less than $1,000,000 or $2,000,000 combined single-limit liability,
with an umbrella coverage of $2,000,000.
E.
Copy of membership in the Pennsylvania Septic Management Association.
F.
Documentation that there is at least one person employed by the pumper/hauler
business who is certified by the Pennsylvania Septic Management Association
to perform on-lot management treatment inspections.
G.
Identify the location(s) at which the pumper/hauler business proposes
to dispose of septage collected in the Township that shall be valid
for the calendar year.
2.
The Board may establish a pumper/hauler annual registration fee to
be set from time to time by resolution of the Board.
3.
No person other than a registered pumper/hauler business shall be
permitted to remove septage from any OLSDS in the Township.
4.
The Township shall maintain a list of registered pumper/hauler businesses.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
All septage originating within the Township shall be disposed of
at sites or facilities approved by the DEP. Approved sites or facilities
shall include the following: septage treatment facilities, wastewater
treatment plants, composting sites, and DEP-approved farmlands.
2.
All pumpers/haulers operating within the Township shall operate in
a manner consistent with the provisions of Pa. Code, Title 25, Environmental
Protection, Chapter 285, and the Pennsylvania Solid Waste Management
Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003).
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
The Township shall establish all administrative procedures necessary
to carry out the provisions of this Part.
2.
The Township may appoint an authorized agent or may contract with
private individuals or firms as necessary to carry out the provisions
of this Part.
3.
All permits, records, reports, files and other written material related
to the installation, operation and maintenance of Township OLSDSs
shall become the property of the Township. Existing and future records
shall be available for public inspection during regular business hours
at the Township offices. All records pertaining to sewage permits,
building permits, occupancy permits, and all other aspects of the
Township's management program shall be made available, upon request,
for inspection, in accordance with the Pennsylvania Open Records Law.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
The Board may, by resolution, establish a fee schedule and collect
fees to cover the Township's costs of permits and otherwise administering
this Part.
[Ord. 1989-1, 2/6/1989; as amended by Ord. 1990-3, 10/1/1990;
by Ord. 91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; by Ord. 1997-3,
2/19/1997; by Ord. 1998-2, 6/1/1998; and by Ord. 2013-1, 12/2/2013]
1.
It shall be illegal to construct, alter, repair or rehabilitate an
OLSDS without first obtaining a permit for the installation or repair
from the SEO.
2.
It shall be illegal to fail to maintain the components of an OLSDS
at the intervals specified in this Part or those specified by the
equipment manufacturer.
3.
It shall be illegal for a pumper/hauler business to fail to register
and/or file all required reports in a timely manner as required by
this Part.
4.
Any person who violates any of the provisions of this Part commits
a summary offense and shall be subject to prosecution by the Township
and, upon conviction before a Magisterial District Judge, shall be
subject to a fine of not less than $300 nor more than $1,000, plus
costs of prosecution and the Township's reasonable attorneys' fees.
5.
Each day of a continuing violation shall be considered a new and
separate violation of this Part and shall be subject to separate fine.
6.
Upon discovery of any violation of this Part, the Township may, at
its option, forgo any prosecution hereunder and may grant to the owner
a period of up to 30 days to initiate corrective action with the provisions
of this Part. Upon failure of the owner to affect such compliance,
the Township may initiate prosecution as hereinabove set forth or
take action under 35 P.S. § 750.12(a).
7.
Any pumper/hauler business which has been found guilty by a Magisterial
District Judge of violations of this Part or which fails to comply
with any of the provisions of this Part or which violates the conditions
of its DEP permit relating to the handling, treatment or disposition
of septage or of any state law or Township ordinance governing its
operation shall be barred from operating within the Township for a
period of one year.
8.
In addition to any other actions to obtain compliance, the Township
may assess civil penalties as described in the Act. (See 35 P.S. § 750.13a.)
