[Ord. 08-23-07B]
A.
This Part shall be known and may be cited as "Alternate Sewage System
Management for Logan Township."
B.
As mandated by the Clean Streams Law (35 P.S. § 691.1)
and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966,
as amended, 35 P.S. § 750.1 et seq., known as Act 537),
municipalities have the power and the duty 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 Sewage Facilities Plan Update for Logan Township indicates a commitment
to formulate and implement an on-lot alternate sewage management program
for all lots within the Township utilizing alternate on-lot sewage
systems.
C.
The purpose of this Part is to provide for the maintenance, inspection
and repair of all present and future individual alternate sewage disposal
systems, as hereafter described; and to establish responsibilities
for the proper administration of a sewage management program.
[Ord. 08-23-07B]
Component of an individual or community sewage system where
liquid from a septic tank seeps into the soil; it consists of an aggregate
filled area containing piping for the distribution of liquid and the
soil or sand/soil combination located beneath the aggregate.
Any Department of Environmental Protection (DEP) approved
individual sewage handling system not classified as conventional in
nature, requiring a special permit issued by DEP and/or Logan Township.
This shall include individual spray irrigation systems (ISIS), small
flow treatment facilities (SFTF), holding tanks or any other system
considered non conventional in nature.
All employees and authorized individuals representing the
Township in respect to permitting, inspection, and/or enforcement.
The entity responsible for sanitary sewage treatment other
than publicly treated sanitary sewage.
Department of Environmental Protection (DEP).
A tank, whether permanent or temporary, to which sewage is
conveyed by a water carrying system where sewage is retained for a
temporary period and is not a component of a system used for treatment
and disposal.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage using a system of piping,
treatment tanks and soil renovation through spray irrigation.
A sewage hauler licensed by the designated regulatory agency.
An individual, association, public or private corporation
for-profit or not-for-profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States, commonwealth, political
subdivision, municipality, district, authority or other legal entity
which is recognized by the law as the subject or rights and duties.
The term includes members of an association, partnership or firm and
the officers of a local agency or municipal, public or private, corporation
for-profit or not-for-profit.
An individual or community sewage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using a stream discharge or other disposal method approved
by the Department.
The Township of Logan.
A tank that provides for aerobic or anaerobic decomposition
of sewage to take place prior to discharge.
[Ord. 08-23-07B]
A.
Responsibilities of Persons Who Own Properties Served by Alternate
Sewage Systems. Every person who owns a property within Logan Township
on which one of the alternate sewage systems is located and was in
existence on the effective date of the Part or for permits issued
thereafter or which is subject to a separate agreement with the Township,
shall comply with the following;
(1)
Have the treatment tank on the property cleaned a minimum of
every three years or more often if the treatment tank is filled with
solids or scum in excess of 1/3 the liquid depth of the tank, in the
case of small flow treatment facilities and individual spray irrigation
systems. In the case of holding tanks the tank shall be pumped at
a rate no less than that directed by the permitting agency, or more
often as necessary.
(2)
Provide the Township with a receipt documenting the date on
which the tank was cleaned by a licensed sewage hauler. Such receipt
must be submitted to the Township within 10 days of the cleaning,
and in any event, prior to the issuance of a certificate of occupancy
permit on the resale or other transfer of the property.
B.
Occupancy. Prior to the occupancy involving new construction, resale,
or change of tenants in a dwelling using an alternate sewage system,
the owner shall provide the Township with a receipt documenting the
date the treatment tank was cleaned by a licensed sewage hauler.
[Ord. 08-23-07B]
A.
Requirements. Every person who applies for a building permit to construct
a new residence or other structure which is to be serviced by an alternate
sewage system for which a BCSAC or DEP permit is issued after the
effective date of this Part shall comply with the provisions of this
§ 204 as hereafter set forth.
B.
Recording. Prior to the issuance of a building permit for any lot
whose sewage needs are proposed to be served by an alternate sewage
system, the property owner shall execute an operation and maintenance
agreement for the system in a form which can be recorded in the Office
of the Recorder of Deeds of Blair County.
C.
Escrow Fees. Prior to the issuance of a building permit for any residential
dwelling for which an alternate sewage system is proposed, property
owner shall pay to the Township the amount established by the Township
from time to time, as a maintenance fee, which is to be held in escrow
for the purpose of maintenance and repair should the property owner
fail in their responsibilities. In the event any monies are utilized
from this fund, the amount so utilized shall be replaced by the property
owner within 10 days of written notice to the property owner from
the Township such that the fund shall be maintained with the full
amount as originally determined by the Township at all times. In the
event the property owner fails to replace any monies so utilized,
the Township, in addition to any other remedies it may have available,
including but not limited to an action for violation of this Part,
may file and/or cause to be filed, a municipal lien against the said
owner's property.
D.
Alternate Sewage System Approval. The alternate sewage system shall
be approved by the BCSAC, DEP, and Logan Township as to its design,
construction and installation. The consultant for the property owner
shall certify to the authorizing agencies that the design, construction
and installation of the facility and its "start up" have been completed
for each lot in accordance with permits granted by the BCSAC, DEP
and/or Logan Township.
E.
Operation and Maintenance Submission. Simultaneously with submission
of an alternate sewage system application to the BCSAC, or DEP, property
owner shall submit to Township, for review, an Operation and Maintenance
Manual for the system together with a pamphlet or other document in
form satisfactory to the Township, summarizing the operation and maintenance
requirements of the system and include the estimated annual cost of
operating and maintaining same. Two sets of design plans for the system
shall be submitted with the Operation and Maintenance Manual.
F.
Forwarding of Material. Prior to the execution of an agreement of
sale for any property or lot whose sewage disposal needs are to be
met by an alternate sewage system (including resales of such lots),
seller shall provide buyer with a copy of the pamphlet approved by
the Township summarizing the operation and maintenance requirements
of the system and provide in the agreement of sale buyer's acknowledgement
of the receipt of same. The Operation and Maintenance Manual shall
be provided to the buyers at the time of settlement.
G.
Operation And Maintenance Manual Description. The Operation and Maintenance
Manual shall describe in reasonable detail the method of operation
and required periodic inspection and maintenance of the components
of the alternate sewage system, including, but not limited to, as
applicable, spray nozzle heads, treatment tank, holding tank, dosing
tank, intermittent sand filters, chlorine contact tank, ultraviolet
disinfection system, storage tank, chlorinator, and all electrical
and mechanical control mechanisms.
H.
Operation And Maintenance Manual Contents. The Operation and Maintenance
Manual shall include formatted charts for the purpose of keeping a
record as to the dates of all required inspections, maintenance, repair
and/or replacements of components of the alternate sewage system together
with a check mark system indicating the performance of the specific
inspection, maintenance, repair and replacement task, an indication
of the type of service, repair or replacement performed and the name
of the person(s) who performed the inspection, maintenance, repair
or replacement. The forms of the inspection, maintenance, repair and
replacement charts shall be included in the Operation and Maintenance
Manual.
I.
Recordkeeping. The owner of any property whose sewage disposal needs
are met by an alternate sewage system shall maintain an up-to-date
record of all service calls, inspections, maintenance, repairs and
replacements performed on the system which records shall be available
for inspection by the BCSAC or other designee of the Township without
prior notice. Property owners shall forward quarterly copies of above
records to the BCSAC or other Township designee.
J.
Right Of Inspection. The alternate sewage system shall have external
controls placed in a weather proof locked box accessible to the BCSAC
or other designee of the Township. The BCSAC, or other Township designee,
shall be provided with keys to the locked box. Property owners shall
consent to the BCSAC, or other Township designee, entering upon the
property, as often as necessary, without prior notice, to inspect
all components of the alternate treatment system as identified in
Section 73.167 of the Pennsylvania Code, and to perform as necessary
a water analysis of the discharged effluent to confirm that said discharge
meets or exceeds the required levels of treatment required of such
systems by BCSAC testing shall occur at the nozzle heads or other
final discharge point and shall include testing for residual chlorine,
fecal coliform, biochemical oxygen demand (BOD), suspended solids
(SS) as well as for any other substances for which testing is required
by BCSAC the Department and/or Logan Township.
K.
Repair Replacement. In the event that it is determined upon any inspection
by the BCSAC or other designee of the Township, that any repair and/or
replacement of any component is required to bring the system into
compliance with BCSAC or DEP regulations. The BCSAC or other Township
designee shall issue a correction order designating the system repair
required and the date by which such correction and/or replacement
shall be accomplished. The correction order may require that a qualified
hauler pump the effluent from the alternate sewage system until such
system repair and/or replacement is accomplished. Upon completion
of the repair and/or replacement, the BCSAC, or other designee of
the Township, shall reinspect the system to determine compliance with
the correction order and issue a certificate of correction or a further
correction order, if deemed necessary. Additionally, the BCSAC, or
other Township designee, at the time of its inspection shall also
inspect the records maintained by the lot owner to determine whether
the system is being properly maintained. The BCSAC, or other Township
designee, shall have the authority to issue a maintenance order directing
that any required maintenance be performed, at what intervals, as
well as directing the proper recordkeeping with reference to the maintenance
and repair of the system.
L.
Refusal of Entry. In the event a property owner fails or refuses
to permit BCSAC, or other Township designee, on the property to perform
the inspections the inspections required, or to perform any work required
by the correction order or the maintenance order, the Township, BCSAC,
or other designee of the Township, shall have the right (but no obligation)
to enter upon the premises, conduct said inspections, and to perform
any repairs or replacements with respect to the alternate sewage system,
all of which shall be made at the cost and expense of the property
owner. Prior to entering upon the premises and performing any repairs
or replacements of the system or its component parts, the Township,
BCSAC, or other designee of the Township, shall provide property owner
sufficient advance written notice by registered mail, or posting of
the property said notice of its intention to enter upon the premises
for these purposes. The property owner shall have the right to comply
with the terms of this agreement within a five-day period. Any notice
required by the terms of this agreement shall be sufficient if sent
to property owner's last known address by regular mail or posted on
property.
M.
System Malfunction. During the period of time when the alternate
sewage system is inoperable and/or incapable of treating the discharged
effluent so as to meet and/or exceed those standards of the Department
as aforesaid, property owner shall make the necessary arrangements
to remove said effluent and arrange for the appropriate disposition
of same at a properly certified and licensed sewage disposal facility.
In the event the property owner shall fail to make the necessary arrangements
for the removal of said effluent, the BCSAC, or other Township designee,
shall have the right to enter upon the premises and cause said effluents
to be removed. Where the property owner causes the effluents to be
removed, he, she or they, upon request of the BCSAC, or other Township
designee, shall provide an agreement with a hauler providing for the
removal and an agreement with the receiving facility. The terms of
removal provided in such Agreement shall be determined at such time
as the alternate sewage system is in operation and its loading rate
determined and the recommendations of the Department and/or BCSAC
as to said requirements shall be binding on the parties. The property
owner agrees to continue hauling effluent until such time as, the
system has been properly certified, as being operable, by the Department,
BCSAC and/or Township designee.
N.
Alternative Sewage System Administrative Fee. The Township, by resolution
duly adopted, shall establish the amount of an annual fee for the
inspections described herein and administrative costs associated therewith.
The resolution of the Township shall establish the date upon which
such annual fee shall be paid.
O.
Recoverable Costs. Any costs incurred by the Township, for inspections,
repairs, and/or replacement of the alternate sewage system or its
component parts or in the removal of effluents in accordance with
the terms of this Part, shall be recoverable by the Township from
the property owner. In the event the property owner (or their heirs
or assigns) fails to pay the Township for such costs or expense, then
the Township shall have the right to:
P.
Land Development. Nothing contained herein shall be construed to
waive, affect or alter any requirements of the Zoning, Land Development
and Subdivision or other Ordinances of the Township and nothing contained
herein empowers any Township officer or employee to waive any requirements
of such ordinances.
Q.
Occupancy Permit. Prior to the operation of an alternate sewage system,
and prior to the issuance of an occupancy permit for any residence
to be served by an alternate sewage system, property owner shall provide
two sets of as-built plans sealed by an engineer along with a copy
of the Operation and Maintenance Manual. The as-built set of plans
and Manual shall also be sent to Logan Township. A letter from property
owner's consultant shall also accompany plans indicating the system
is built according to its design.
R.
Recording Of Agreement. The operation and maintenance agreement or
a memorandum thereof shall be recorded in the Office for the Recording
of Deeds in and for the County of Blair and that this agreement shall
be binding upon property owner, his, her or their heirs, administrators,
executors, successors, and assigns.
[Ord. 08-23-07B]
The Board of Supervisors of the Township finds and determines
that the sewage needs of the Township are adequately met by the public
sanitary sewer collection and treatment systems. The Board further
finds and determines as to those areas of the Township that are not
serviced by public sewer adequate provision is made for the sewage
needs of those areas by the sewage facilities plan and the means of
on-site sewage disposal provided for herein. It is not the policy
of the Township to permit alternate sewage systems to meet sewage
needs within the Township. In the event the Department approves a
private request for a type of sewage disposal system not addressed
by this Part or otherwise approves such a system to be operated or
established within the Township, a property owner who obtains approval
for the installation and operation of such a system from the Department
shall, prior to installation of the same, enter into an operation
and maintenance agreement in a form approved by the Township and consistent
with the requirements of Title 25 of the Pennsylvania Code including,
but not limited to the requirements of 25 Pa. Code § 71.63,
§ 71.64.
[Ord. 08-23-07B]
A.
Use and Occupancy Permit Required. Upon sale or rent of any dwelling,
which is served by an alternate sewage system, the owner must provide
documentation of compliance with this Part as a prerequisite to the
issuance of a use and occupancy permit.
B.
Notice to Comply/Notice of Non-Compliance. The Board of Supervisors
of the Township, or any officer of the Township designated thereby
for this purpose, is hereby authorized to give notice, by personal
service or by United States mail, to the person who owns a property
on which an on-lot sewage system is located, requiring such owner
to pump, inspect or repair the on-lot sewage system and provide the
Township with a receipt and other specified information documenting
the date on which the on-lot sewage system was pumped, inspected or
repaired.
C.
Fees. Cost for the municipal administration of the management program,
including maintaining on-lot sewage system information and monitoring
compliance, shall be assessed as stated in § 204M to property
owners included in the program in an amount established by Township
resolution from time to time. It shall be each individual property
owner's responsibility to contract with a licensed sewage hauler and
certified on-lot sewage system inspector for the pumping and inspection
of the on-lot sewage system.
D.
Enforcement Remedies. Any person, partnership or corporation who
or which has violated the provisions of this Part shall, upon being
found liable therefore in a civil enforcement proceeding commenced
by the Township, pay a judgment of not less than $100 and not more
than $1,000, plus all court costs, including reasonable attorney fees
incurred by the Township as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
continues shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating this Part to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation.
E.
Jurisdiction. District Justices shall have initial jurisdiction in
proceedings brought under this Part. However, nothing contained herein
shall be construed or interpreted to prevent the Township from bringing
any other action, including an injunction action to enforce the provisions
hereof.
