[Adopted 12-4-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: This article was originally adopted as
Chapter 111 but was renumbered to maintain the organization of the
Code.
A.
Short title. This article shall be known and may be cited as the
"Lower Salford Township Sewage Management Program."
B.
Introduction. In accordance with municipal codes, the Clean Streams
Law (Act of June 22, 1937, 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"), Lower Salford Township has the power and authority
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 (known as the
"Township Act 537 Plan") for the Township of Lower Salford indicates
that it is necessary to formulate and implement a sewage management
program to prevent and abate effectively water pollution and hazards
to the public health caused by improper treatment and disposal of
sewage.
C.
Purpose. The purpose of this article is to provide for the regulation,
inspection, maintenance and rehabilitation of on-lot sewage disposal
systems; and to further permit intervention in situations which may
constitute a public nuisance or hazard to the public health; and to
establish penalties and appeal procedures necessary for the proper
administration of a sewage management program.
A.
ALTERNATE SYSTEM
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
COUNTY
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
LOT
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
Any system that is listed in the PADEP document, "Alternate
Systems Guidance," effective date September 20, 2003. (Minor revisions
were made on February 6, 2004).
A sewage enforcement officer, employee of Lower Salford Township,
professional engineer, plumbing inspector, or other qualified or licensed
person who is authorized to function within specified limits as an
agent of Lower Salford Township to administer or enforce the provisions
of this article.
The Board of Supervisors, Lower Salford Township, Montgomery
County, Pennsylvania.
Any sewage system, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units and the treatment and/or disposal of the sewage on
one or more lots or at any other site.
The Montgomery County Health Department (MCHD).
The Pennsylvania Department of Environmental Protection (PADEP).
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.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided. Whenever a lot is
used for a multiple-family dwelling or for commercial or industrial
purposes, the lot shall be deemed to have been subdivided into an
equivalent number of single-family residential lots as determined
by estimated sewage flows.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
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 or pollution of goundwater
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.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board of Supervisors of Lower Salford
Township and approved by the Pennsylvania Department of Environmental
Protection, pursuant to the Pennsylvania Sewage Facilities Act.
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.
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, public or private corporation for profit or not
for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
Domestic septage is either liquid or solid material removed
from a septic tank, dosing tank, cesspool, portable toilet, or similar
storage or treatment works that receive only domestic 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.
A person certified by PADEP who is employed either directly
or indirectly by Lower Salford Township or by the Montgomery County
Health Department. 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 article or any other ordinance adopted by Lower Salford Township
or the Montgomery County Health Department. Only the SEO employed
by the Montgomery County Health Department is authorized to administrate
the sewage facilities permitting program under Chapter 72 of the PADEP
regulations.
Any area or areas of Lower Salford Township designated in
the Official Sewage Facilities Plan adopted by the Board of Supervisors
as an area for which a sewage management program is to be implemented.
A program authorized by the official action of a municipality
for the administration, management and regulation of the disposal
of sewage; this 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 Board of Supervisors to
effectively enforce and administer this article.
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.
The Township of Lower Salford, Montgomery County, Pennsylvania.
B.
For the purposes of this article, any term that is not defined herein
shall have that meaning attributed to it under the Sewage Facilities
Act and the regulations promulgated thereto.
From the effective date of this article, its provisions shall
apply to all persons owning any property serviced by an on-lot sewage
disposal system in the Township and to all persons installing or rehabilitating
on-lot sewage disposal systems in the Township.
A.
No person shall install, construct or request bid proposals for construction;
or alter an individual sewage system or community sewage system; or
construct or request bid proposals for construction; 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 MCHD, 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 and the Pennsylvania
Sewage Facilities Act and the regulations adopted pursuant to those
Acts.
B.
No building permit shall be issued for a new or expanded building
which will contain sewage-generating facilities until Act 537 planning
approval has been issued by the Department and an appropriate sewage
permit has been issued by the MCHD Sewage Enforcement Officer.
C.
No occupancy permit shall be issued for a new building which will
contain sewage-generating facilities until the installation of the
on-lot sewage disposal system has been approved by the MCHD Sewage
Enforcement Officer.
D.
No building 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 from the MCHD for alteration or replacement
of the existing sewage disposal system or until the structure's
owner and the appropriate officials of the county or Township receive
written notification from the MCHD SEO that such a permit will not
be required. The MCHD SEO shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
E.
Sewage permits may be issued only by an SEO employed by the MCHD.
A.
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.
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.
C.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section.
D.
An initial inspection shall be conducted by an authorized agent within
four year of the effective date of this article for the purpose of
determining the type and functional status of each sewage disposal
system in the sewage management district.
(1)
The initial inspection shall be scheduled to conform with the following
periods:
Cycle I (Year 1): Area A
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Cycle II (Year 2): Area B
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Cycle III (Year 3): Area C
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NOTES:
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*Please refer to Figure 2-1A [on file in the Township offices]
for the delineation of Areas A, B and C.
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(2)
A written report shall be furnished to the owner of each property
inspected, and a copy of said report shall be maintained in the Township
records. The report may contain recommendations for improved operation
and maintenance of the system.
E.
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the sewage management
district.
F.
An authorized agent shall inspect systems known to be, or alleged
to be, malfunctioning. Should said inspections reveal that the system
is indeed malfunctioning, the authorized agent shall notify the MCHD
SEO and shall order action to be taken to correct the malfunction.
If total correction cannot be done in accordance with the regulations
of the Department, including but not limited to those outlined in
Chapters 71 and 73 of Title 25 of the Pennsylvania Code, or is not
technically or financially feasible in the opinion of the authorized
agent and the MCHD SEO, then action by the property owner to mitigate
the malfunction shall be required. The homeowner would need to review
options such as connections to a public sewer, a holding tank, or
the like.
G.
There may arise geographic areas 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.
When a Department-authorized Official Sewage Facilities Plan revision
has been undertaken, mandatory 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 may be compelled whenever
a malfunction, as determined by the Board, the MCHD and/or the Department,
represents a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
a system:
A.
Industrial waste.
B.
Automobile oil and other oils not deemed suitable for human consumption.
C.
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.
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
E.
Wastewater resulting from hair treatment at a multi-chaired beauty
shop.
A.
Each person owning a building served by an on-lot sewage disposal
system that contains a septic tank and/or a dosing tank shall have
all tanks pumped within six months of the effective date of this article
by a sewage pumper/hauler licensed by the Department and authorized
by the Board or its agent, or the property owner may provide a receipt
from a sewage pumper/hauler proving the septic tank had been pumped
within the past three years of the effective date of this article.
Thereafter, that person shall have the tank pumped at least once every
three years or whenever an inspection reveals solids or scum in excess
of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler
shall be submitted to the Township within the prescribed seven days
of pumping/hauling operations.
B.
The required pumping frequency may be increased at the discretion
of an authorized agent 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. If any person can prove that such person's
septic tank had been pumped within three years of the six-month anniversary
of the effective date of this article, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement, except where an inspection reveals a need for
more frequent pumping intervals.
C.
Any person owning a property served by a septic tank shall submit,
with each required pumping receipt, a written statement from the pumper/hauler
or from any other qualified individual acceptable to the Township
that the baffles in the septic tank have been inspected and found
to be in good working order. Any person whose septic tank baffles
are determined to require repair or replacement shall first contact
an SEO for approval of the necessary repair.
D.
Any person owning a building served by an on-lot sewage disposal
system that 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.
E.
Any person owning a building served by a cesspool or dry well shall
have that system pumped according to the schedule prescribed for septic
tanks. As an alternative to this scheduled pumping of the cesspool
or dry well, the owner may apply for a sewage permit from the sewage
enforcement office for a septic tank to be installed preceding the
cesspool or dry well. For a system consisting of a cesspool or dry
well preceded by an approved septic tank, only the septic tank must
be pumped at the prescribed interval.
F.
Any person owning a building served by an individual residence spray
irrigation system (IRSIS) shall follow the operation and maintenance
recommendations of the equipment manufacturer and the Department's
recommendations. A copy of the manufacturer's recommendations
and a copy of the service agreement shall be submitted to the Township.
G.
Any person owning a building served by an on-lot sewage disposal
system that was considered an alternate system 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. In no case may the service
or pumping intervals for the alternate systems exceed those required
for septic tanks.
H.
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 and trees, the
diversion of surface water away from the disposal area, etc.
I.
The homeowner shall provide an adequate supply of electrical power
with the proper phase, frequency, and voltage as recommended by the
equipment manufacturers of the various components of the system.
J.
The homeowner shall provide and maintain access to an active telephone
service for the automatic alarm system, if applicable.
K.
The homeowner shall not plant trees or shrubs in the absorption area
or otherwise excavate or damage the absorption area. The owner shall
protect the absorption area from vehicle traffic and shall protect
the absorption area and system components from stormwater runoff from
gutters and downspouts, driveways, swales, and sump pump discharges.
L.
The homeowner shall not build any structure, including swimming pools
and sprinkler systems, on or within 10 feet of the absorption area
or any components of the system.
A.
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 the
waters of the commonwealth unless a permit for such discharge has
been obtained from the Department.
B.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging raw or partially
treated sewage without a permit.
C.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the MCHD SEO for a permit to repair or replace the malfunctioning
system. Within 30 days of initial notification by the Township, construction
of the permitted repair or replacement shall commence. 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.
D.
The MCHD SEO and the Township's authorized agent shall both
have the authority to require the repair of any malfunction 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, replacing the system with a holding
tank, or any other alternative appropriate for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, the MCHD SEO and the Township's authorized agent may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances, or they may be required to be replaced by water-conserving devices.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply to Department for a permit for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.
Should none of the remedies described in this section be totally
effective in eliminating the malfunction of an existing on-lot sewage
disposal system, the property owner is not absolved of responsibility
for that malfunction. The Township and the MCHD may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
necessary.
The Township, upon written notice from the authorized agent
or from the MCHD SEO that an imminent health hazard exists due to
failure of a property owner to maintain, repair or replace an on-lot
sewage disposal system as provided under the terms of this article,
shall have the authority to perform, or contract to have performed,
the work required by the authorized agent or the MCHD SEO. The owner
shall be charged for the work performed and, if necessary, a lien
shall be entered therefor in accordance with law.
A.
All septage originating within the sewage management district 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 all other applicable laws and at sites or facilities approved
by the Department. Approved sites or facilities shall include the
following: septage treatment facilities, wastewater treatment plants,
composting sites, and approved farmlands.
B.
Pumper/haulers of septage operating within the sewage management
district 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 to 6018.1003) and all other applicable
laws. All pumper/haulers of septage shall be Department-certified
and registered with the Township.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
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.
C.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems in the sewage management district 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 Department.
D.
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this article.
E.
The Board may establish a fee schedule, and authorize the collection
of fees, to cover the cost to the Township of administering this program,
consistent with local municipal code.
A.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board 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 at
its next regularly scheduled meeting if 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 next regularly scheduled 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.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
Any person failing to comply with any provision of this article
shall be subject to a fine of not less than $100 and costs and not
more than $300 and costs or, in default thereof, shall be confined
in the county jail for a period of not more than 30 days. Each day
of noncompliance shall constitute a separate offense.