[Adopted 5-5-2009 by Ord. No. 126]
A.
This article shall be known and may be cited as "An Ordinance Providing
for a Sewage Management Program for Leacock Township."
B.
In accordance with municipal codes, the Clean Streams Law (Act of
June 27,1937, 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), it is the power and the duty of Leacock Township
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 for Leacock Township
indicates that it is necessary to formulate and implement a sewage
management program to effectively prevent and abate water pollution
and hazards to the public health caused by improper treatment and
disposal of sewage.
C.
The purpose of this article is to provide for the regulation, inspection,
maintenance, and rehabilitation of on-lot sewage disposal systems;
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.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
GREYWATER SYSTEM
(1)
(2)
(3)
(4)
(5)
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE HAULER
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
A sewage enforcement officer, employee of the Township, professional
engineer, plumbing inspector, or any other qualified or licensed person
who is authorized to function within specified limits as an agent
of Leacock Township to administer or enforce the provisions of this
article.
The Board of Supervisors, Leacock Township, Lancaster County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
The treatment of greywater requires the same methods of sewage disposal used in soil-based on-lot disposal systems. Occasionally, the person may wish to separate blackwater (domestic human waste) from greywater (washwater, etc.) in order to reduce the amount of absorption area needed. The use of blackwater treatment systems, such as composting, chemical, recycling and incinerating toilets or privies (proposed in conjunction with water under pressure), shall meet the following conditions for the treatment of greywater and, where applicable, meet Chapter 229, Article III, Retaining Tanks:
An on-lot system meeting Chapter 73 standards or other approved
method of sewage disposal must be installed to treat greywater flow
from the structure. Septic tank installations must consist of either
a two-compartment rectangular tank or two rectangular tanks in series
and must be in conformance with Chapter 73, Section 73.31. Aerobic
tanks used must be in compliance with Chapter 73, Section 73.32.[1]
Only the absorption area may be reduced by up to 40% as a compensation
for the use of a nonflush toilet alternative. No reduction of septic
tank sizing is allowed.
If planning is required, general soil and site suitability must
be conducted in accordance with Chapter 71, Section 71.62.[2]
When a blackwater treatment system is proposed for use in conjunction
with a greywater system in a subdivision, the provisions of Chapter
71, Section 71.63(f)(1), apply, i.e., the site and soil suitability
testing must be sufficient to document the availability of an area
for a full-sized system.
A SEO who has successfully completed the appropriate DEP sponsored
continuing education course that included this specific technology
or has received review delegation, in writing, from DEP may independently
review the design and issue the permit for systems approved under
this listing.
A system of piping, tanks, or other facilities serving a
single lot and collecting and disposing of sewage and/or liquid wastes
in whole or in part into the soil or into any waters of this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system, or in any manner causes
a nuisance or hazard to the public health or pollution of groundwater
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 and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.[3]
Any system for disposal of domestic sewage and/or liquid
wastes, including kitchen and laundry wastes and water softener backwash,
involving pretreatment and subsequent disposal of the clarified sewage
and liquid waste into a subsurface soil absorption area; 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 municipality, or 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.
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 DEP who is employed by the Township.
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 the Township.
Any person, company, partnership or corporation either registered
and/or contracted with the Township and which has the capabilities
to pump, haul, inspect and properly dispose of septic tank sewage
in a DEP permitted sewage treatment plant.
Any area or areas of the Township designated in Exhibit 1[4] of this article adopted by the Board as an area for which
a sewage management program is to be implemented.
A 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 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 Leacock, Lancaster County, Pennsylvania.
From the effective date of this article, its provisions shall
apply to all persons owning real property serviced by an individual
sewage system, and to all persons installing, altering, repairing,
rehabilitating or replacing such systems. In order to facilitate the
administration and implementation of the ordinance, the Township is
divided into three on-lot Sewage Management Districts, as shown in
Exhibit 1.[1]
[1]
Editor's Note: Exhibit 1 is on file in the Township office.
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 Sewage Enforcement Officer, 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 system or structure designed to provide individual or community
sewage disposal shall be covered from view until approval to cover
same has been given by a Sewage Enforcement Officer. If 72 hours have
elapsed, excepting Sundays and holidays, since the Sewage Enforcement
Officer issuing the permit received notification of completion of
construction, the applicant may cover said system or structure unless
permission has been specifically refused by the Sewage Enforcement
Officer.
C.
Applicants for sewage permits may be required to notify the Sewage
Enforcement Officer of the schedule for construction of the permitted
on-lot sewage disposal system so that inspection(s), in addition to
the final inspection required by the Sewage Facilities Act, may be
scheduled and performed by a Sewage Enforcement Officer.
D.
No building or occupancy permit shall be issued for a new building
which will contain sewage generating facilities until a valid sewage
permit has been obtained from a Sewage Enforcement Officer.
E.
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 for alteration or replacement of the existing
sewage disposal system or until the structure's owner and the
appropriate officials of the Township receive written notification
from a Sewage Enforcement Officer that such a permit will not be required.
The Sewage Enforcement Officer shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
F.
Sewage permits may be issued only by a Sewage Enforcement Officer.
G.
The Township may approve the installation of denitrification units
approved by the DEP in specific instances. Each denitrification system
approval shall include a denitrification agreement signed by the Township.
Each request shall be evaluated on an individual basis, and acceptance
in any one location does not constitute a Township-wide approval.
H.
If construction or installation of an individual sewage system for
any building or structure has not commenced within three years after
issuance of a permit for such system, the permit shall be deemed to
have expired and a new permit shall be required prior to the commencement
of said construction or installation.
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.
The sewage hauler shall perform a visual inspection at every pump
out.
B.
Such inspection may include a physical tour of the property, the
taking of samples from surface water, wells, or 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 within the structure.
The SEO or authorized agent shall make a written report for each inspection
conducted. Said report shall contain the following information when
reasonably available to the SEO or authorized agent: date of inspection;
name and address of property owner; description and diagram of the
location of the system, including location of access hatches, risers,
and markers; size of tanks and disposal fields; current occupant's
name and number of users; indication of any system malfunction observed;
results of any all soils and water tests; and any remedial action
required. A copy of the inspection report shall be supplied to the
property owner when completed.
C.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section. In the event that
access to inspect the property is denied, the following steps shall
be taken:
(1)
The matter shall be reported to the Board;
(2)
The Board may schedule a review of the matter at the next scheduled
meeting of the Board or, if the situation threatens the health and
safety of the residents of the Township, the Board may commence an
immediate procedure to obtain a search warrant from the Magisterial
District Judge;
(3)
If a search warrant is obtained to inspect the property, the SEO
or authorized agent shall be accompanied by a constable of the Township
and the inspection shall be completed in accordance with this section.
The above provisions for obtaining a search warrant may be waived
when the Board and the SEO or authorized agent have reason to believe
that the on-lot disposal sewage system or alternate sewage system
is malfunctioning or being operated in such a way that a situation
exists which poses an immediate and substantial health, safety, and/or
environmental hazard.
D.
An initial inspection shall be conducted by the SEO or an authorized
agent within the pump out time frame for the appropriate Sewage Management
District for the purpose of determining the type and functional status
of each sewage disposal system in the Sewage Management District.
A written report shall be furnished to the property owner of each
property inspected, and a copy of said report shall be maintained
in the Township records.
E.
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the Sewage Management
District.
F.
A SEO or 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 SEO or authorized agent shall
order action to be taken to correct the malfunction. If total correction
cannot be done in accordance with the regulations of DEP, including,
but not limited to, those outlined in Chapter 73 of Title 25 of the
Pennsylvania Code or is not technically or financially feasible in
the opinion of the SEO or authorized agent and a representative of
DEP, then action by the property owner to mitigate the malfunction
shall be required.
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 DEP 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 Township officials, and/or the Department, represents
a serious public health or environmental threat.
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system.
B.
Only normal commercial septic tank waste shall be discharged into
any on-lot sewage disposal system (no processing wastewater).
C.
In general, all septic tank waste shall be biodegradable and nontoxic
to the biological and physical/chemical treatment processes of the
wastewater treatment plant to which it is disposed.
D.
The following shall not be discharged into the system:
(1)
Industrial waste;
(2)
Automobile oil and other nondomestic oil;
(3)
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;
and
(4)
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps, and french drains.
A.
All persons owning a building served by an on-lot sewage disposal
system which utilizes a septic tank shall have the septic tank pumped
by a sewage hauler at least once every three years following the effective
date of this article.
B.
All persons owning a building served by a greywater system which
utilizes a retaining tank shall have the liquid waste tank pumped
by a sewage hauler at least once every five years following the effective
date of this article.
C.
The Township shall notify the owners of property served by an on-lot
sewage disposal system that their system shall be scheduled to be
pumped out by a specified date on the notice. The Township shall follow
a schedule whereby a third of all properties within the Township served
by on-lot sewage disposal systems are notified annually of the pumping
requirement, such that all owners are notified once every three years.
The property owner must have his/her on-lot sewage disposal system
scheduled to be pumped within the time specified in the Township's
letter.
D.
The pump outs will be scheduled and conducted on a rotating basis
throughout the Township, based upon the Sewage Management District
in which the property is located. Exhibit 1 details the Sewage Management
District locations.
E.
The sewage hauler shall provide a copy of a fully completed septic
system report to the Township within 15 days of the date of pumping.
Any septic tank system that is determined to require repair or replacement
shall be inspected by the SEO or authorized agent for approval of
the necessary repairs.
F.
The Township will receive, review, and retain copies of pumping receipts
for all improved properties with on-lot sewage disposal systems.
G.
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.
H.
Any person owning a building served by an on-lot sewage disposal
system which contains an aerobic treatment tank or denitrification
treatment unit 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. Denitrification system owners shall
comply with all requirements of the denitrification agreement for
that installation on file with the Township.
I.
Additional maintenance activity may be required as needed, including,
but 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 or trees, and the diversion
of surface water away from the disposal area. Repair permits issued
by the SEO must be secured for these activities.
A.
The owner of an improved property that utilizes an on-lot sewage
disposal system shall:
(1)
Maintain the on-lot system in conformance with this article or any
ordinance of this Township, the provisions of any applicable law,
and the rules and regulations of the Department of Environmental Protection
and any other administrative agency of the Commonwealth of Pennsylvania;
(2)
Permit the Township or its authorized agent to inspect their on-lot
sewage disposal system as required to fulfill the requirements of
this article;
(3)
Have the septic tank of the on-lot sewage disposal system pumped
once every three years by sewage hauler as required by this article
within the required time as specified on the Township's notice
to pump letter; and
B.
Upon the discontinuance of the use of a septic tank for sewage disposal
for any reason, the owner thereof shall have the tank pumped and flushed
by a sewage hauler and at the owner's option either physically
removed from the premises or filled with soil and/or stone.
A.
Access to each tank or compartment of the tank shall be provided
by a manhole of at least 24 inches square or diameter, with a removable
cover. The access shall be extended to grade and secured by bolts
or locking mechanism to prevent access by children.
B.
The ground shall slope away from any access extended to grade level.
C.
Access to each tank or compartment shall be provided at the time
of the scheduled pump out. Failure to provide access to the tank or
compartment at the time of the pump out shall constitute a violation
of this article.
A.
The responsibilities of a sewage hauler shall include:
(1)
Obtaining and maintaining an annual registration with the Township.
A registration fee may be applicable and may be collected at the time
of registration. Registration is per the calendar year. A list of
registered sewage haulers will be included with the notice to pump
letter to residents.
(2)
Obtaining and maintaining at all times a valid hauled wastewater
discharge permit from the facilities in which they discharge sewage
and submit a copy to the Township.
(3)
Agreeing to abide by all local, state, and federal standards, rules
and regulations governing the proper pumping, hauling and disposal
of sewage.
(4)
Maintaining at all times insurance coverage at levels (or higher)
as required by the Township, provide proof of motor vehicle insurance
and to provide a certificate of insurance for liability insurance
and workman compensation insurance to the Township.
(5)
Dispose of all sewage collected in Leacock Township at a Pennsylvania
Department of Environmental Protection approved facility.
(6)
Provide a copy of the disposal receipt for each property pumped to
the Township within 15 days of the day of pumping.
(7)
Provide a certified inspector for inspection of the on-lot disposal
system.
B.
Violations of provisions of this article shall result in the Township
not approving registration of the sewage hauler.
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 DEP.
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 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 Sewage Enforcement Officer 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 may set an extended
completion date.
D.
A SEO shall have the authority to require the repair of any malfunction
by the following methods: cleaning, repairing or replacing 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 above in Subsection D, the SEO 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 described above in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to the DEP for a single-residence treatment and discharge system. Within 30 days of permit issuance, construction of the permitted repair or replacement shall commence. Within 60 days of permit issuance, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Township may set an extended completion date.
G.
Should none of the remedies described above in this section be totally
effective in eliminating the malfunction of an existing on-lot sewage
disposal system, the property owner shall not be absolved of responsibility
for the malfunction. The Township may require whatever action is necessary
to lessen or mitigate the malfunction to the extent necessary.
The Township, upon written notice from the 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 Sewage Enforcement
Officer. The property owner shall be charged for the work performed
and, if necessary, a lien shall be entered against the property 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 DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites, and approved farm lands.
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 through 6018.1003) and all other applicable
laws.
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 SEO 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 Pennsylvania Department of Environmental Protection.
D.
The Township Board shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Township Board may establish a fee schedule, and authorize collection
of fees, to cover the cost to the Township of administering this article.
A.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board of Supervisors,
in writing, within 30 days from the date of the written notification
of the decision in question.
B.
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting, if a written
appeal is received at least 14 days prior to that meeting. If the
appeal is not received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the next subsequent regularly
scheduled meeting.
C.
The Board 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.
D.
A decision shall be rendered, in writing, within 45 days of the date
of the hearing.
A person who violates any provision of this article may, upon
conviction thereof by summary proceedings, be sentenced to pay a fine
of not less than $500 and not more than $5,000, plus costs, and/or
undergo imprisonment in the county prison for a period not in excess
of 90 days. Each day of noncompliance shall constitute a separate
violation of this article.
