[Adopted 9-29-1975 by Ord. No. 90]
The intent of this article is to promote the general health, welfare and safety of the community.
It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken the installation, alteration or relocation of any on-lot sewage disposal system unless an approved sewage disposal permit has been obtained from the Township Sewage Enforcement Officer.
This article supersedes any provisions currently in effect. However, any underlying ordinance shall remain in full force and effect to the intent that those provisions are more restrictive.
The grant of a sewage disposal permit shall not constitute a representation, guarantee or warranty of any kind by the municipality, or by any official or employee thereof, of the ultimate functional characteristics of the proposed system, and shall create no liability upon the municipality, its officials or employees.
The purpose of this article is to establish procedures for the issuance of permits for the installation of on-lot sewage disposal systems in accordance with § 7 of the Pennsylvania Sewage Facilities Act[1] and the Rules and Regulations adopted by the Pennsylvania Department of Environmental Protection pertaining thereto. The general procedure which the Township shall follow is in accord with "Technical Manual for Sewage Enforcement Officer" by Local Government Research Corp., State College, Pennsylvania, in cooperation with the Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.7.
Unless the context specifically and clearly indicates otherwise, the meaning and terms used in this article shall be defined in the above-mentioned Act and rules and regulations adopted pursuant thereto.
The Administration of § 7 of the Act shall be as follows:
A. 
The applicant shall obtain an application for a sewage disposal system, as printed by the Pennsylvania Department of Environmental Protection, from the Township Secretary, and shall complete the appropriate sections of the application in the presence of the Township Secretary.
B. 
The applicant shall pay to the Township Secretary a fee as set from time to time by resolution of the Board of Supervisors which shall cover the required three trips to the site only. Any additional trips required shall be at a fee as set from time to time by resolution of the Board of Supervisors, payable to the Township and collected by the Township Sewage Enforcement Officer before final approval is given.
[Amended 1-4-2000 by Ord. No. 272]
C. 
The applicant shall contact the Township Sewage Enforcement Officer to discuss the project and determine the need for a plan revision module or supplement.
D. 
The applicant shall secure a backhoe and set up a mutually convenient time with the Township Sewage Enforcement Officer to undertake the "deep probe."
E. 
Upon satisfactory completion of the deep probe, the applicant shall dig percolation test holes where indicated by the Township Sewage Enforcement Officer, and provide a minimum of 100 gallons of water adjacent to the test holes. The applicant, further, shall presoak the holes as directed by the enforcement officer, and advise the Township Sewage Enforcement Officer two days prior to presoaking.
F. 
The Township Sewage Enforcement Officer shall conduct, or witness the conducting of, the percolation test and advise the applicant of the results of said tests within four days of their completion.
G. 
If the site qualifies for a conventional sewage disposal system, the Township Sewage Enforcement Officer shall so advise the applicant, sign the sewage disposal permit and mail or hand deliver said permit to the applicant.
H. 
Upon completion of construction of the sewage disposal system approved under Subsection G above, the applicant shall notify the Township Sewage Enforcement Officer, and shall not cover said system until the sewage disposal permit is appropriately signed for 72 hours from the time of notification has elapsed, excluding Sundays and holidays.
I. 
The Township Sewage Enforcement Officer may, where conditions on the site are suitable only for "alternate systems," require that the applicant secure the services of a qualified consultant to prepare design plans for said alternate system. In the event that site conditions require the installation of an alternate system, the Township Sewage Enforcement Officer shall so advise the applicant, review consultant design plans, sign the sewage disposal permit and mail or hand deliver said permit to the applicant.
J. 
In the instance of the sale or transfer of an already permitted site, on which the sewage disposal system has not been constructed, no application fee shall be paid to the Township Secretary, and the Township Sewage Enforcement Officer shall issue a new permit and mail or hand deliver said new permit to the resultant site owner upon receipt of a check for an amount as set from time to time by resolution of the Board of Supervisors, made payable to the Township.
[Amended 1-4-2000 by Ord. No. 272]
K. 
The review of all Act 537 Official Plan revisions will be conducted by the Township Sewage Enforcement Officer, which review will be submitted to the Township Board of Supervisors for adoption upon receipt of a check for an amount as set from time to time by resolution of the Board of Supervisors, which check shall be made payable to the Township.
[Amended 1-4-2000 by Ord. No. 272]
L. 
In the instance of the alteration or repair of an existing on-lot disposal system, where no soil tests are required, the Township Sewage Enforcement officer shall issue a sewage disposal permit and mail or hand deliver said permit to the applicant upon receipt of a check for an amount as set from time to time by resolution of the Board of Supervisors, made payable to the Township.
[Amended 1-4-2000 by Ord. No. 272]
The routing procedure for the application for sewage disposal system shall be as follows:
A. 
The four-page application is to be filled out by the applicant and Township Secretary or the Sewage Enforcement Officer. Instructions for completing the application are on the back of the white and yellow copies.
B. 
When the form is complete and the Sewage Enforcement Officer has determined that the site and proposed system are satisfactory, he will check the box "permit issued" on the application.
C. 
The "Permit for Installation" (Form ER-BCE-129) is filled out by the Sewage Enforcement Officer and given to the applicant, as well as the third copy of Form ER-BCE-128 July 1973 (yellow copy).
D. 
The fourth copy (pink) is immediately sent by the Sewage Enforcement Officer, at the end of the working day, to the local Department of Environmental Protection office for information. The Sanitarian reviews this copy for technical correctness and evaluation of the local Sewage Enforcement Officer. If errors are noted on the pink copy of the application that could interfere with the satisfactory operation of the proposed system, the Sanitarian shall return the application to the Sewage Enforcement Officer within 24 hours so that corrections can be made prior to system installation.
E. 
Upon completion of the installation and final inspection, the Sewage Enforcement Officer completes the remaining two copies (white and green) of ER-BCE-128 July 1973, by checking the final inspection block and entering the date of action.
F. 
Approval to cover is given when the Sewage Enforcement Officer signs the appropriate line on the permit.
G. 
Central file copy (green) is sent to the local Department of Environmental Protection office which sends this copy to the Regional Sewage Facilities Consultant. The Consultant forwards it to the central office for tabulation.
H. 
The Enforcement Officer retains the completed ER-BCE-128 July 1973 (white copy) for the municipality files.
I. 
If the site is found unsatisfactory and a permit is denied, routing of the forms shall be as indicated in Subsections C, D, G and H above. The applicant shall be notified, in writing, of the reasons for his permit denial along with his rights to and methods of appeal.
Enforcement of this article, and § 7 of the Pennsylvania Sewage Facilities Act,[1] shall be as specified in Chapter IX of the Technical Manual for Sewage Enforcement Officers. Applicants' rights of appeal shall be as provided in the Act above referred to.
[1]
Editor's Note: See 35 P.S. § 750.7.
[Amended 1-4-2000 by Ord. No. 272]
Any person who fails to comply with any or all of the requirements or provisions of this article or who fails or refuses to comply with any notice, order of direction of the Township Secretary or the Township Sewage Enforcement Officer shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the 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 exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.