[Adopted 8-7-1990 by Ord. No. 99]
The purpose of this article is to establish a sewage management program under the authority of Leacock Township to regulate, inspect, and assure maintenance and proper operation of all existing and future sewage facilities and/or alternative systems permitted by the Township and to set forth charges and fees for rendering such services pursuant to statutory authority of the Leacock Township Board of Supervisors.
A. 
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE SYSTEM
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 blackwater recycling systems, etc.)
AUTHORIZED AGENT
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 Leacock Township Management District to carry out the provisions of this article.
DEVELOPER
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.
MANAGEMENT DISTRICT or DISTRICT
The Management District shall encompass the entire area of Leacock Township serviced by sewage facilities or any other alternative system which discharges into the soils of the Township. All systems shall be operated under the jurisdiction of the Leacock Township Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of this commonwealth.
OWNER
Any natural person, corporation, partnership, joint venture or limited partnership holding deed/title to lands within Leacock Township.
SEWAGE ENFORCEMENT OFFICER
A person authorized by the Pennsylvania Department of Environmental Protection in accordance with "Chapter 71, Administration of Sewage Facilities Program" of "Title 25, Rules and Regulations," to perform percolation tests, site and soil evaluation, and issue sewage permits for on-lot disposal systems.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of this commonwealth or otherwise provide for the safe and sanitary treatment of sewage or other waste.
(1) 
INDIVIDUAL ON-LOT SEWAGE SYSTEMA system of piping, tank, or other facilities serving a single lot and collecting, treating, and disposing of domestic sewage into a subsurface absorption area or a retaining tank located on that lot.
(2) 
COMMUNITY ON-LOT SEWAGE SYSTEMA system of piping, tanks, or other facilities serving two or more lots and collecting, treating and disposing of domestic sewage into a subsurface soil absorption area or retaining tank located on one or more of the lots or at another site.
B. 
All other definitions of words and terms used in this article shall have the same meaning as set forth in "Chapter 73, Standards for Sewage Disposal Facilities" of "Title 25, Rules and Regulations, Department of Environmental Protection."
The owner of any building or property serviced by a subsurface waste disposal system and/or alternative system within Leacock Township shall be a member of the Leacock Township Maintenance District and subject to all the requirements contained herein.
A. 
All sewage facilities and alternative systems shall be accessible for inspection by the Management District or its authorized agent upon the effective date of this article. Periodic inspections will be performed to determine whether or not the system is operating properly. These inspections may occur at different months of the year and will include the inspection of septic tanks, aerobic tanks, disposal fields, distribution boxes and any other components of the systems. Inspections may include sampling of soils in and around the disposal field, surface water on or adjacent to the property, and groundwater from active or inactive wells used for potable water supply or from monitoring wells in and around disposal fields.
B. 
The Management District may increase the frequency of inspection:
(1) 
If the system is presently malfunctioning;
(2) 
If a regular inspection reveals a malfunctioning system;
(3) 
If the system has malfunctioned in the past;
(4) 
If frequent tank pump out is required;
(5) 
If seasonal use will significantly increase use of the system;
(6) 
If the number of people using the system increases; and
(7) 
For other good cause shown.
C. 
The sewage facilities or alternative system is malfunctioning when it causes pollution to the groundwater or surface water, contamination of private or public drinking water supplies, nuisance problems, or a hazard to public health. Indications of malfunctioning systems are evident when, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
D. 
A copy of the inspection report shall be furnished to the owner and shall contain:
(1) 
Date of inspection.
(2) 
Name of address of system owner.
(3) 
Description and diagram of the location of the system, including location of access hatches, risers, and markers.
(4) 
Size of tanks and disposal fields.
(5) 
Users.
(6) 
Indication of any system malfunction observed.
(7) 
Results of any and all soils and water tests.
(8) 
Any remedial action required.
A. 
All septic tanks shall be pumped within one year of the effective date of this article and every two years thereafter. When the Management District determines that seasonal use will significantly increase use of this system, or that the number of people using this system has increased, or that the system is malfunctioning or for other good cause, more frequent intervals of pumping may be required. Upon termination of the cause for increase in pumping requirements, normal maintenance schedules shall apply.
B. 
The use of garbage disposals is strictly prohibited for systems within the Management District unless the system has been designed to accommodate the additional flow characteristics. The District may require other maintenance activities such as cleaning and unclogging the pipelines within the system and/or the cleaning of the distribution boxes or mechanical equipment. When a system is found to require maintenance activity, the owner shall complete the required maintenance activity as prescribed by the Management District within 30 days of notification by the District. If the owner fails to comply with the order of the District, then the private party under contract with the District may undertake the required activity and the District shall assess the owner for costs incurred.
A. 
Every time a septic tank or other subsurface waste disposal system tank is pumped out, the District, its authorized agent or private sewage waste hauler, whichever provides the services, shall provide to the owner of the subsurface waste disposal system a signed receipt containing the following information:
(1) 
Date of pumping.
(2) 
Name and address of system owner.
(3) 
Address of tanks location if different than owners.
(4) 
Description and diagram of location of tank, including location of any markers, risers, and access hatches.
(5) 
Size of tank.
(6) 
Age of the system (where applicable).
(7) 
Last date of pump out.
(8) 
List of any maintenance performed.
(9) 
Any indication of system malfunctioning observed.
(10) 
Amount of septage or other solid or semisolid material removed.
(11) 
Cost of pumping service.
(12) 
Waste hauler's state license number permitting him to collect and haul septage in the State of Pennsylvania.
B. 
The receipt shall be signed by the system owner certifying to the best of his knowledge that the septage does not contain any of the substances listed in § 229-30 The receipt shall be submitted to the Management District to serve as proof of compliance with the pump-out requirements of § 229-28. Copies of this receipt shall be retained by the owner, and a copy shall be forwarded to the Management District with annual payment of the county/Township tax bill.
A. 
The Management District shall make available to all existing and new members of the Management District, a copy of an abstract of the pertinent information and regulations as outlined by this article. Appropriate literature and publications discussing the care and maintenance of septic tanks, waterless toilets and other subsurface waste disposal systems shall be made available to those members who utilize such systems. Members shall be encouraged to minimize water use and to install water-saving devices in order to increase the efficiency and promote the long life of on-lot systems. Practices which conserve water shall be favorably looked upon as essential to the maintenance of a system as provided for in § 229-28. The following criteria shall be considered as the maximum allowable water usage limits where a home is to be considered as utilizing water conservation practices:
(1) 
Flow-control faucet aerators (two gallons per minute);
(2) 
Low-flush toilets (three and a half gallons per flush); and
(3) 
Flow-limiting shower heads (two and a half gallons per minute).
B. 
Only sewage and normal domestic waste shall be discharged into sewage facilities and alterative systems. The following waste shall not be discharged into the system:
(1) 
Industrial wastes:
(a) 
Fats, greases, and garbage grindings; automobile oil, and other nondomestic oil in excessive amounts.
(b) 
Toxic or hazardous substances or chemicals, including, but not limited to, pesticides, disinfectants, acids, paint, paint thinners, herbicides, and solvents.
A. 
Employees and authorized agents/personnel of the District shall, upon presentation of proper credentials and identification, be permitted to enter all properties for the purpose of inspection, observation, sampling, maintenance or rehabilitation of sewage facilities or other alternative systems in accordance with the provisions of this article.
B. 
The right of entry shall include the right to excavate any part of the property to inspect, maintain, or alter any component of any sewage facilities and alternative systems, or to sample soils, water or septage. Upon completion of the activity requiring excavating, the Management District or its authorized agent shall return the land to its former condition as soon as possible, provided no further maintenance is required.
C. 
The Management District or its authorized agents shall provide 72 hours’ notice to the owner of the sewage facilities and alternate systems prior to entry onto the property for regularly scheduled inspections or maintenance. At least 24 hours’ notice shall be required prior to inspection, observation, sampling, maintenance or rehabilitation when the District or its authorized agents suspects the sewage facilities or alternative system is malfunctioning, is being operated improperly, or is causing a nuisance, water pollution, or health hazard.
D. 
Any real property on which a sewage facility or alternative system is presently under construction or is to be constructed in the future, shall not be conveyed by the developer without the inclusion of an easement in the deed granting the District the right to enter upon the property for the purpose of inspection, observation, sampling, maintenance, and rehabilitation of the system and any other activities necessary to effectuate the provisions of this article. A copy of the deed which is filed in the County Recorder of Deeds Office shall be obtained and sent to the District by the Tax Collector of Leacock Township.
A. 
Any person, partnership, corporation or subdivision which obtains ownership of any building serviced by a sewage facility or alternative system subsequent to the enactment of this article shall automatically become a member of the Management District upon transfer of ownership of said property.
B. 
Prior to the sale of any buildings serviced by the sewage facility or alternative system, the District shall require a certificate stating that the system has been pumped out and has been found to be in proper operating order as in accordance with § 229-27.
C. 
If the system is found to be malfunctioning, the District or its authorized agent shall order remedial measures to be taken to correct the problem, including, but not limited to, maintenance and rehabilitation of the system. The Code Enforcement Officer of the Township shall not issue a certificate of occupancy until the required remedial measures are completed to the satisfaction of the District or its authorized agent. A temporary certificate of occupancy may be issued not to exceed three months where a buyer agrees to complete the required remedial measures, said measures to be completed to the satisfaction of the District or its authorized agent.
Charges for services rendered by the Management District or its authorized agents will be established from time to time. The Management District shall have the authority to contract with any private persons, partnerships, or corporations or any public agency to undertake any activity necessary to fulfill the requirements of this article. Charges for the services performed by the Management District, its authorized agent, or private parties to the District shall be payable to the Management District. Costs incurred by members of the District with private parties shall be payable to the private party. Outstanding charges shall constitute an assessment and lien against the property and shall be filed with the Township Solicitor.
Any owner who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The District shall be administered under the jurisdiction of the Leacock Township Board of Supervisors and its employees, facilities, and equipment may be utilized in conducting the activities of the District.
A. 
Personnel. The District may employ, directly or by contract, a director, technicians, septage haulers, inspectors, an accountant, a solicitor or other office personnel as needed to enforce this article. This District may contract with private parties or public agencies to conduct inspections, maintenance, rehabilitation and other activities by this article, such persons to be considered authorized agent/personnel of the District.
B. 
Records. All permits, records, reports, files and other written material relating to the installation, operation, maintenance, and malfunction of sewage facilities or alternative systems in the District in the possession of the Sewage Enforcement Officer or other public agencies shall become property of the District. Records in the possession of the District shall be available for public inspection between the regular business hours at the office of the District.