[Ord. 2011-02, 2/16/2011, § 1]
1.Â
This Part shall be known and may be cited as an "Ordinance Governing
Municipal Management of On-Lot Sewage Disposal Facilities in the Township
of Franklin, Chester County, PA," or by its short title "Franklin
Township On-Lot Sewage Management Ordinance."
2.Â
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 Franklin Township
to provide for adequate sewage treatment and disposal 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 Franklin 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.
3.Â
The purpose of this Part is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further allow 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.
[Ord. 2011-02, 2/16/2011, § 1]
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A person with demonstrated knowledge and experience regarding
on-lot sewage disposal system design, operation, and maintenance who
is authorized to function within specified limits as an agent of Franklin
Township to administer or enforce the provisions of this Part.
The Board of Supervisors, Franklin Township, Chester County,
Pennsylvania.
The electronic database maintained by Chester County into
which Chester County Health Department licensed liquid waste haulers
are required to enter a record for every septic tank or holding tank
that they pump. The data is intended for municipal use in the administration
of an on-lot sewage management program.
A sewage system which serves two or more lots, or two or
more equivalent dwelling units, and uses a system of piping, tanks,
or other facilities for collecting, treating, and disposing of sewage
into a soil absorption area, retaining tank, or cesspool.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage through using a system of
piping, treatment tanks, and soil renovation through spray irrigation.
A sewage system which serves a single lot and a single equivalent
dwelling unit, and uses a system of piping, tanks, or other facilities
for collecting, treating, and disposing of sewage into a soil absorption
area, spray field, retaining tank, or cesspool.
Term used to describe the on-lot disposal system receiving
unit to which sewage is delivered from a sewage-generating facility.
The term includes, but is not limited to, septic tanks, aerobic treatment
units, and cesspools.
Septage pumped from septic tanks, cesspools, holding tanks,
privies, or chemical toilets which does not include any toxic, industrial,
or hazardous wastes.
Any person engaged in the business of pumping and transporting
liquid waste within Chester County. Each vehicle used for such purpose
shall be licensed by the Chester County Health Department.
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 private independent contractor who has been given training
by the original equipment manufacturer of applicable sewage system
components, has been authorized by the manufacturer to service said
components, or has demonstrated technical expertise in the field of
on-lot sewage system maintenance. All maintenance contractors shall
be approved by the Township to provide such maintenance services within
the borders of the Township.
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 ground or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. This term is synonymous with the term
"holding tank."
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.[1]
Any community on-lot sewage system or individual on-lot sewage
system as defined herein.
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.
The residual scum, sludge, and other materials pumped from,
but not limited to, initial treatment units, other treatment tanks,
retaining tanks, pump tanks, and the systems they serve.
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.[2]
A person certified by DEP who is employed by the Chester
County Health Department. Such person is authorized to conduct investigations
and inspections, review permit applications, 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 or any other
ordinance adopted by the Township or Chester County Health Department.
Any area or areas of the Township designated in the Official Sewage Facilities Plan adopted by the Board as an area for which a Sewage Management Program is to be implemented. In accordance with § 18-107, Maintenance, the Sewage Management District consists of all properties in the Township which utilize an on-lot sewage disposal system.
[Amended by A.O.]
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 Franklin, Chester County, Pennsylvania.
|
For the purposes of this Part, any term which is not defined
herein shall have that meaning attributed to it under the Sewage Facilities
Act and regulations promulgated thereto.
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[Ord. 2011-02, 2/16/2011, § 1]
From the effective date of this Part, its provisions shall apply
to all portions of the Township served by on-lot sewage disposal systems.
Within such an area or areas, the provisions of this Part shall apply
to all persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
No building permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until Act 537 planning approval
or a written determination that no such approval is required has been
issued by the Department and the appropriate on-lot sewage disposal
system permit has been issued by the Chester County Health Department
SEO. Proof of on-lot sewage disposal system permit issuance shall
be presented to the Township in the form of a properly executed permit
signed by the Chester County Health Department SEO.
2.Â
No occupancy permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until the sewage disposal
system has been installed and the completed installation is approved
by the Chester County Health Department SEO. Proof of on-lot sewage
disposal system final installation approval shall be presented to
the Township in the form of a properly executed permit signed by the
Chester County Health Department SEO.
3.Â
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 Chester County Health Department
SEO 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 the Chester County
Health Department SEO that such a permit will not be required. The
Chester County Health Department SEO shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
4.Â
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Chester County Health Department.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
Any on-lot sewage disposal system may be inspected by the Township's
authorized agent at any reasonable time as of the effective date of
this Part.
2.Â
Such inspection may include a physical tour of the property and examination
of any or all on-lot sewage disposal system components for the purpose
of identifying maintenance needs and functional status.
3.Â
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
A.Â
Industrial waste.
B.Â
Automobile oil and other nondomestic oil.
C.Â
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.Â
Clean surface or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
E.Â
Wastewater resulting for hair treatment at a multi-chaired beauty
shops.
F.Â
Any nonbiodegradable materials.
2.Â
The Township may require the installation of water conservation devices,
and other operation or maintenance procedures to improve on-lot sewage
disposal system performance.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
Each person owning a building served by an on-lot sewage disposal
system shall have the initial treatment unit pumped within one year
of the effective date of this Part by a Chester County Health Department
licensed liquid waste hauler. Thereafter, that person shall have the
system pumped at least once every three years or whenever an inspection
reveals that the initial treatment unit is filled with solids or with
scum in excess of 1/3 of the liquid depth. Liquid waste haulers are
required to enter an electronic record in the Chester County Septage
Management Data System of each pumping conducted within Chester County.
These records may be utilized by the Township to document all pumping
requirements described herein. Receipts from the Chester County Health
Department licensed liquid waste hauler shall be submitted to the
Township within the prescribed one-year and three-year pumping periods
in the event said hauler fails to electronically report an on-lot
sewage disposal system pumping activity.
2.Â
The required pumping frequency may be modified at the discretion
of the Township if the initial treatment unit is undersized, if an
inspection reveals solids or scum in excess of 1/3 of the liquid depth
of the tank, 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 tank had been pumped within one year of the
effective date of this Part, 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 shorter pumping intervals.
3.Â
All on-lot sewage disposal system pumping shall be performed in accordance
with Chapter 504 of the Chester County Health Department regulations
and shall also conform to the following minimum standards, unless
other standards are specified by an equipment manufacturer:
A.Â
At all times, the pumper truck operator's personal safety, as well
as protection of the environment and the landowner's property, shall
receive the highest priority.
B.Â
Tanks shall only be pumped from or through the manhole or access
port (i.e., the largest tank opening).
C.Â
Tanks shall not be pumped from or through the observation or inspection
port.
D.Â
When necessary to break up solids, backwashing with clean water or
material of a similar nature already on board the pumper truck may
be employed. Mechanical means (scraping, raking, etc.) are not necessary
but may be employed, provided that appropriate safeguards are taken
to prevent injury.
E.Â
When backwashing, care shall be taken not to fill or refill the tank
to a level greater than 12 inches below the elevation of the outlet
pipe.
F.Â
No liquids or solids are to be discharged into or through the outlet
pipe.
G.Â
Tanks shall be deemed to be cleaned when all organic solids are removed
and the total average liquid depth remaining in the tank is less than
one inch.
H.Â
Every pumping shall include a visual inspection, by the maintenance
contractor, to determine the presence and condition of treatment tank
baffles, the physical condition of the treatment tank and lid, and
the depth of tank access. All resulting observations shall be entered
as an electronic record in the Chester County Septage Management Data
System.
I.Â
At all times, and in all phases of operations, the maintenance contractor
shall comply with all laws and regulations regarding the activities
associated with on-lot sewage disposal system maintenance and disposal
of materials removed therefrom.
4.Â
Any person owning a building served by an on-lot sewage disposal
system which 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 Part. Thereafter, service receipts shall be submitted
to the Township at the intervals specified by the manufacturer's recommendations.
5.Â
Any person owning a building served by an on-lot sewage disposal
system which utilizes any components or technologies deemed by DEP
to require more detailed operation and maintenance requirements than
provided for in this Part, including but not limited to individual
residential spray irrigation systems (IRSIS), alternate systems, or
experimental systems shall be further subject to the maintenance responsibilities
recommended by DEP for said system. These responsibilities shall be
memorialized in individual operation and maintenance agreements for
each such use, to which both the Township and the property owner shall
be party. The Township may impose additional requirements as deemed
necessary, including but not limited to collection of an annual fee
and additional financial security.
6.Â
Surface contouring shall be required as necessary to direct surface
water and drainageways away from all components of on-lot sewage disposal
systems.
7.Â
Additional maintenance activity may be required as needed, including
but not limited to providing reasonable access to initial treatment
unit, cleaning and unclogging of piping, servicing and the repair
of mechanical and electrical equipment, leveling of distribution boxes,
tanks and lines, removal of obstructing roots or trees, etc.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
No person shall operate or maintain an on-lot sewage disposal system
in such a manner that it malfunctions. Any suspected malfunction shall
be reported to the Chester County Health Department SEO, who shall
make a final determination as to functional status and rehabilitation
measures required. Any person owning a building served by an on-lot
sewage disposal system determined to be in a state of malfunction
by the Chester County Health Department SEO shall perform all corrective
measures required by the SEO to abate the malfunction. The Chester
County Health Department SEO shall have the authority to require abatement
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 initial treatment unit, expanding
the existing disposal areas, replacing the existing disposal area,
replacing the system with a retaining tank, frequent pumping, or any
other alternative appropriate for the specific site.
2.Â
In lieu of, or in combination with, the remedies described in this
Part, the Chester County Health Department's Sewage Enforcement Officer
and/or 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.
3.Â
Should none of the remedies described in this Part 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 Chester County Health Department
may require whatever action is necessary to lessen or mitigate the
malfunction to the extent necessary.
4.Â
There may arise geographic areas where numerous on-lot sewage disposal
systems are known or are suspected to be 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 the
Chester County Health Department and/or the Department, represents
a serious public health or environmental threat.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
Retaining tanks shall only be utilized as a remedy for a malfunctioning
on-lot sewage disposal system when it has been determined by the Chester
County Health Department SEO and the Township that no other remedy
is viable.
2.Â
Retaining tank installation and use shall be subject to all the requirements
of 25 Pa. Code, Chapter 71.63 (relating to retaining tanks), and the
requirements of the Chester County Health Department.
3.Â
Any person owning a building served by a retaining tank shall annually provide to the Township a copy of a maintenance contract with an authorized maintenance contractor. For the purposes of this section, a maintenance contractor shall be a Chester County Health Department licensed liquid waste hauler. The contract shall provide for regular removal of the retaining tank contents in accordance with § 18-111 and with a frequency sufficient to prevent the contents from overflowing on the ground surface, and shall further specify the Chester County Health Department license number of the maintenance contractor.
4.Â
Retaining tanks shall only be permitted to serve a building without
a malfunctioning on-lot sewage disposal system when the use is for
institutions, recreational vehicle dump stations, or commercial establishments
with a sewage flow of less than 800 gallons per day and when approved
by the Board, the Chester County Health Department, and DEP. Board
approval shall be further predicated upon a satisfactory operation
and maintenance agreement specific to each use, to which both the
Township and the property owner shall be party. The Township may impose
additional requirements as deemed necessary, including but not limited
to collection of financial security and an annual fee.
[Ord. 2011-02, 2/16/2011, § 1]
The Township, upon written notice from an authorized agent or
from the Chester County Health Department's Sewage Enforcement Officer
that an imminent health hazard exists due to failure of property owner
to maintain an on-lot sewage disposal system as provided under the
terms of this Part, shall have the authority to perform, or contract
to have performed, the work required by the authorized agent or the
Chester County Health Department's Sewage Enforcement Officer. The
owner shall be charged for the work performed and, if necessary, a
lien shall be entered therefor in accordance with law.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
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.
2.Â
Pumper/haulers 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), all other applicable laws, and Chester County
Health Department regulations.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
2.Â
The Township shall employ qualified individuals to carry out the
provisions of this Part. Those employees shall include an authorized
agent 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
Part.
3.Â
All records, reports, files and other written materials relating
to the inspection, operation and maintenance 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.
4.Â
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this Part.
5.Â
The Board may by resolution establish a fee schedule, and authorize
the collection of fees, to cover the cost to the Township of administering
this Part, consistent with local municipal code.
[Ord. 2011-02, 2/16/2011, § 1]
1.Â
Appeals from final decisions of the Township or any of its authorized
agents under this Part shall be made to the Board of Supervisors in
writing within 30 days from the date of written notification of the
decision in question.
2.Â
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 received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the second regularly scheduled
meeting after the filing of the appeal. The municipality 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 referenced in the written notice of appeal. Where additional
time is needed by either the appellant or the authorized agent, the
hearing may be adjourned to enable completion of the record.
3.Â
A decision shall be rendered in writing within 30 days of the date
of the hearing.
[Ord. 2011-02, 2/16/2011, § 1]
In addition to a proceeding under any other remedy available
to the Township at law or in equity for a violation of any provision
of this Part or any rule or regulation promulgated under this Part
or any order or permit issued by the Township pursuant to this Part,
the Township, after notices and hearing, may assess a civil penalty
in an amount not less than $300 nor more than $2,500 for each violation,
as authorized by § 13.1 of Act 537 (35 P.S. § 750.13a),
against any person for that violation. All proceedings by the Township
to impose civil penalties pursuant to this section, including, but
not limited to, the criteria to be considered in determining the amount
of the penalty, shall be governed in all respects by the provisions
of § 13.1 of Act 537 (35 P.S. § 750.13a) which
are incorporated herein by reference in their entirety.
