[Ord. 10, 11/14/1972, § 1]
All persons, partnerships, associations and corporations must
receive permission from the Sanitary Officer to subdivide a parcel
of land into lots or plots of five acres or less. A permit must be
issued before the start of construction of a building, or before the
installation of a trailer or modular-type housing.
[Ord. 10, 11/14/1972, § 2]
For the purpose of this Part, the following words and phrases
shall have the meanings ascribed to them in this section:
A written permit issued by the Sanitary Officer permitting
the construction of an individual sewage disposal system under this
Part.
Any institution, public or private corporation, individual,
partnership, or other entity.
The legally designated authority of Hunlock Township or his
authorized representative.
A sewage disposal system, other than a public or community
system, which receives either human excreta or liquid waste or both.
Included within the scope of this definition are septic tank soil
absorption systems, privies, and chemical-type toilets and such other
types as may be presently in regulations.
[Ord. 10, 11/14/1972, § 3; as amended by Ord. 85-1,
3/5/1985]
Each individual sewage disposal system shall meet the minimum
requirements of the Pennsylvania Department of Environmental Resources
as they exist or are changed from time to time.
[Ord. 10, 11/14/1972, § 4; as amended by Ord. 1/18/2001A,
1/18/2001]
1.
It shall be unlawful for any person to construct, alter or extend
a sewage disposal system within Hunlock Township unless he holds a
valid permit issued by the Sanitary Officer in the name of such person
for the specific construction, alterations or extensions proposed.
2.
All applications and fees shall be made to Hunlock Township. The
application shall be given to the Sewage Enforcement Officer, who
shall issue a permit upon compliance by the applicant with provisions
of this Part and any regulations adopted hereunder.
3.
The Sanitary Officer may refuse to grant a permit for the construction
of sewage disposal system where public or community sewerage systems
are reasonably available.
4.
Applications for a permit shall be in writing, shall be signed by
the applicant, and shall include the following:
A.
Name and address of the applicant.
B.
Lot and block number of property on which construction, alteration
or extension is proposed.
C.
Complete plan of the proposed disposal facility with substantiating
data, if necessary, attesting to its compliance with the minimum standards
of the Sanitary Officer.
D.
Such further information as may be required by the Sanitary Officer
to substantiate that the proposed construction, alteration or extension
complies with regulations promulgated by the Sanitary Officer.
5.
A complete plan for the purpose of obtaining a permit to be issued
by the Sanitary Officer shall include:
A.
The number, location and size of all sewage disposal facilities to
be constructed, altered or extended.
B.
The location of water supplies, water supply piping, existing sewage
disposal facilities, buildings or dwellings, and adjacent lot lines.
C.
Plans of the proposed sewage disposal facilities to be constructed,
altered or extended.
6.
Any person whose application for a permit under this Part has been
denied may request and shall be granted a hearing on the matter before
the Sanitary Officer with 30 days after receipt of the request.
[Ord. 10, 11/14/1972, § 5]
1.
The Sanitary Officer is hereby authorized and directed to make such
inspections as are necessary to determine satisfactory compliance
with this Part and regulations promulgated hereunder.
2.
It shall be the duty of the owner or occupant of a property to give
the Sanitary Officer free access to the property at reasonable times
for the purpose of making such inspections as are necessary to determine
compliance with the requirements of this Part and regulations promulgated
hereunder.
[Ord. 10, 11/14/1972, § 6; as amended by Ord. 85-1,
3/5/1985; and by Ord. 2-1997, 8/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1-1976, 1/11/1976, § 1]
Any terms requiring definition shall, for the purposes of this
Part, be considered defined as more fully set forth in the Pennsylvania
Sewage Facilities Act of January 24, 1966, P.L. (1965) 1535, No. 537,
Section 1 et seq., and amendments, 35 P.S. § 750.1 et seq.,
and the rules and regulations adopted pursuant to the said Act.
[Ord. 1-1976, 1/11/1976, § 2]
No person, firm, association or corporation shall install, construct,
place, maintain and/or use an individual or community sewage disposal
system in Hunlock Township, Luzerne County, Pennsylvania, or construct
any building in which an individual or community sewage disposal system
is to be installed without first obtaining a permit from the Hunlock
Township Sewage Enforcement Officer indicating that the site, plans
and specifications of the said system are in compliance with the Pennsylvania
Sewage Facilities Act of January 24, 1966, P.L. (1965) 1535, No. 537,
Section 1 et seq., and amendments, 35 P.S. § 750.1 et seq.,
and the rules and regulations adopted pursuant to the said Act, except
that the size of the acreage of the lot in question shall not be determinative
of whether a permit is required. It is among the intentions of the
preceding sentence to negate the rural residence exception as contained
in Section 7 of the Pennsylvania Sewage Facilities Act, aforesaid.
[Ord. 1-1976, 1/11/1976, § 3; as amended by Ord.
3-1976, 9/21/1976; by Ord. 85-1, 3/5/1985; by Ord. 2-1989, 10/5/1989;
by Ord. 1-1997, 6/26/1997; by Ord. 1/18/2001B, 1/18/2001; by Ord.
1-2006, 7/20/2006; and by Res. No. 2019-1, 2/21/2019]
A fee shall be paid to Hunlock Township at the time of making
an application for a permit for an individual or community sewage
disposal system. The fee shall include two soil probes (test pit);
after the two probes, a fee per soil probe shall be billed to the
applicant. The extra fee shall be paid to the Township before a permit
is issued. Whenever an individual or community sewage disposal system
constructed, installed, placed, or maintained in Hunlock Township
requires alteration, modification, or repair to keep it in good operating
condition, in conformity with the regulations issued pursuant thereto,
thus necessitating an inspection by the Township Sewage Enforcement
Officer, a fee shall be made payable to Hunlock Township for repairs
requiring a percolation test with up to two soil probes and for each
additional soil probe. A fee shall be made payable to Hunlock Township
for repairs to an existing disposal system which does not require
a percolation test. A fee shall be made payable to Hunlock Township
for a tank replacement permit, without any percolation test. A fee
shall be made payable to Hunlock Township for all vacant properties
that have not been occupied for one year. The fee will include three
inspections and dye tests, one before the occupants move into the
property, one inspection at six months, and one inspection at the
one-year anniversary. A fee shall be made payable to Hunlock Township
for evaluation of existing sewage systems that require dye test or
inspection of the system's components. All fees shall be made payable
to Hunlock Township prior to any inspections. If an application for
a disposal system has been approved for a site and the applicant changes
or relocates the site, any and all additional costs shall be billed
to the applicant. The fee shall be made payable to Hunlock Township
prior to the installation of the disposal system.
[Ord. 1-1976, 1/11/1976, § 4; as amended by Ord.
85-1, 3/5/1985; and by Ord. 2-1997, 8/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1-1976, 1/11/1976, § 5]
In addition to the above penalties, all other actions are hereby
reserved, including an action in equity for the proper enforcement
of this Part. The imposition of a fine or penalty for any violation
of or noncompliance with this Part shall not excuse the violation
or noncompliance or permit it to continue; and all such persons shall
be required to correct or remedy such violations and noncompliance
within a reasonable time.
[Ord. 1-1976, 1/11/1976, § 6]
All persons, firms, corporations or associations who install
on-lot sewage disposal systems in Hunlock Township, Luzerne County,
Pennsylvania, must register annually with the Sewage Enforcement Officer.
