Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 3-3-1959 by Ord. No. 17. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 110.
Property maintenance — See Ch. 141.
Sewage disposal — See Ch. 154.
Solid waste and recycling — See Ch. 167.
Abandoned vehicles — See Ch. 185.

§ 150-1 Applicability; minimum requirements.

Requirements set forth in this chapter are minimum requirements and should the conditions so require in the opinion of the Board of Supervisors or the Township Engineer, the Board of Supervisors may require such optional and/or such additional facilities or requirements as it deems necessary or proper for adequate sanitation and safeguard of health under the particular circumstances.

§ 150-2 Permits.

There shall be submitted with all applications for zoning permits, detailed plans, specifications and other information to describe the location, type of system and proposed disposal system showing its relation to and distance from adjoining facilities, properties, buildings and any streams or creeks or water supply together with ground conditions and the size and type of structure or dwelling to be serviced and all other information as may be necessary or proper to determine the adequacy of the water and sewage system and its compliance with the conditions of this chapter.

§ 150-3 Inspection.

All sewage disposal systems will be inspected by the Board of Supervisors, the Township Sanitation Officer or other authorized representative of the Township as follows:
A. 
First inspection when the hole has been dug;
B. 
Final inspection to be made immediately prior to back filling.

§ 150-4 Inspection fee. [1]

There shall be a fee as set from time to time by resolution of the Board of Supervisors for each inspection necessary to approve the installation of proper water supply and system or sewage disposal in accordance with the plan submitted.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 150-5 Water supply.

A. 
Water supply and disposal system.
(1) 
All water supplies shall have a minimum yield of at least five gallons per minute per living unit to be served (however, this amount may be reduced if, in the opinion of the Township Engineer, this gallonage is not economically feasible to acquire), and no well shall hereafter be drilled except it be so situated on the property as to be free from all possible sources of pollution. Said well shall be free from flooding and at no time shall it be located within the foundation wall of any dwelling and shall situated at least the following minimum distance from other facilities:
(a) 
From any property line: 20 feet.
(b) 
From any septic tank: 50 feet.
(c) 
From any disposal field: 50 feet.
(d) 
From any seepage pit: 100 feet.
(e) 
From an existing cesspool: 150 feet.
(2) 
Conversely, no septic tank, disposal field, seepage pit or cesspool shall be hereafter situated or established within the above prescribed distances from any existing well or water supply. The source of any water supply shall be a minimum of 20 feet below the natural ground surface and shall under no circumstances be from any source which may be polluted.
B. 
Any natural spring that is used for domestic water supply must be:
(1) 
Tested at least annually;
(2) 
Enclosed by a concrete spring box extending 12 inches above and 30 inches below existing grade;
(3) 
Enclosed by a spring house at least four feet zero inches square having adequate ventilation and only accessible by a door which must be kept locked;
(4) 
A Pennsylvania Department of Health test shall be a suitable test.

§ 150-6 Sewage disposal system.

The following regulations shall govern all sewage disposal systems hereinafter installed:
A. 
System. All sanitary sewage must be disposed of through a properly designed septic tank system with the effluent discharging into a subsurface disposal field or seepage pit. Basement, roof or footing drainage shall not enter any part of the sewage disposal system.
B. 
Grease trap. A separate grease trap shall be provided connected in the kitchen waste line. Proper access for cleaning shall be provided.
C. 
All systems shall employ a septic tank or battery of tanks having not less than a total of 750 gallons' capacity and be located not less than 10 feet from any property line or less than 50 feet from any water supply. The tank shall be designed to allow for proper cleaning.
D. 
Percolation test. A least one percolation test shall be made per acre or disposal field according to the methods prescribed in Appendix.[1]
[1]
Editor's Note: Said appendix is on file in the Township Offices.
E. 
Subsurface disposal field.
(1) 
Subsurface disposal field shall be installed which shall be located free of shade and obstructions and at a minimum distance as given from the following:
(a) 
Water supply: 50 feet.
(b) 
Stream: 25 feet.
(c) 
Dwelling: 15 feet.
(d) 
Tree: 15 feet.
(e) 
Property line: 15 feet.
(2) 
Seepage areas of the disposal field shall be governed by the number of bedrooms and results of percolation test, and the layout of said disposal field.
F. 
Distribution box. A distribution box of sufficient size to accommodate the required lateral lines shall be constructed at the head of any disposal field.
G. 
Seepage pit.
(1) 
The use of a seepage pit in lieu of a disposal field shall be permitted when the topography or condition so warrants in the opinion of the Township Engineer or the Board of Supervisors. Said seepage pit shall not be less than the stated minimum distance from the following:
(a) 
Water supply: 100 feet.
(b) 
Dwelling: 20 feet.
(c) 
Property line: 15 feet.
(2) 
All seepage pits shall be so designed as to provide sufficient wall absorption area below the inlet or in the absorptive material, to meet the soil conditions and needs of the dwelling which it services. Such area shall be at the discretion of the Board of Supervisors or the Township Engineer. No seepage pit shall be allowed to extend into the water table or in any area where shallow wells are used as a source of water supply.

§ 150-7 Protection of seepage from ground surface.

A. 
No seepage or waste from any disposal system whether now established or hereafter installed shall be, under any circumstances, permitted to come to ground surface, and it shall be the absolute responsibility of every property owner, tenant, or other person having control over any disposal system to prevent the overflow of cesspools, septic tanks, drain lines or drain fields and to provide such drainage facilities as will adequately dispose of all waste material under ground surface.
B. 
This section of this chapter shall be violated only upon notice to the owner, tenant, or other person having control over any disposal system, that a violation has occurred and upon the failure of the owner, tenant or other person having control over any disposal system to correct the condition, within 24 hours from the receipt of the notice.

§ 150-8 Cleaning of sewage disposal systems.

[Amended 4-14-1966]
Cleaning of sewage disposal systems, collecting and disposal of liquid wastes shall be subject to the following conditions:
A. 
Any person or firm wishing to engage in cleaning of sewage disposal systems, collecting and disposal of liquid wastes shall apply for an annual license from East Whiteland Township. The license fee for each calendar year or fraction thereof will be as set from time to time by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Where the application is approved by the Sanitation Officer and a license issued the licensee will receive a supply of individual trip permits which must be completed for each load of liquid wastes collected in East Whiteland Township.
C. 
The permits in triplicate shall be completed at the point of collection showing:
(1) 
Date and time.
(2) 
Owner or lessee of point of origin.
(3) 
Nature of liquid waste.
(4) 
Destination where liquid waste will be disposed.
(5) 
Signature of driver.
(6) 
Name of person or firm owning vehicle.
D. 
A copy of the permit will be left a point of collection.
E. 
A copy of the permit will be carried by the vehicle transporting the liquid wastes in East Whiteland Township.
F. 
The Township's copy will be signed by the owner or authorized agent of the owner of the point of disposal, showing time of disposal. This copy will be delivered monthly to the Township.
G. 
Any individual infraction of this permit procedure shall be subject to fine of $25. Three infractions shall be cause for revoking the license.
H. 
Cleaning of sewage disposal systems and collecting liquid wastes in East Whiteland Township without a license shall be subject to penalties as set forth in § 150-15. Each occasion shall constitute a separate offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 150-9 Dumping.

[Added 2-14-1966]
A. 
It shall be unlawful for any person to cause, permit or suffer sewage, garbage, decayed matter, paper, junk, ashes, dead animals, rubbish, trash, refuse, or industrial, commercial or household waste to accumulate upon the surface of any property within the Township, or to permit or cause the same to be dumped, spread (except normal agricultural use of manure) spilled, thrown, discharged or otherwise deposited upon or in any road, street, watercourse, public or private property, except in accordance with the provisions set forth in this chapter.
B. 
Nothing in this chapter shall be construed to prohibit or require any permit or any fee for a reasonable accumulation of leaves, grass, weeds, tree trimmings, agricultural manure or similar material on private property of the owners thereof.
C. 
Fill material.
[Added 7-12-1971]
(1) 
It shall be unlawful for any person to cause or permit the dumping of fill material on any property in East Whiteland unless the following conditions are met:
(a) 
The fill shall not include organic or any other material that is subject to decay.
(b) 
The fill must be leveled no less than once a week by the property owner.
(2) 
This regulation shall not apply to sanitary landfills which are governed by § 150-10 of this chapter.

§ 150-10 Sanitary landfills.

[Added 2-14-1966]
A. 
Sanitary landfills, when permitted in the Township for the purpose of dumping and disposing of fill (garbage, trash, rubbish or other refuse), must be operated in accordance with all provisions of this section.
B. 
Application. Any person desiring to establish a sanitary landfill in the Township shall first make application to the Board of Supervisors, upon forms provided for such purpose, indicating in detail:
(1) 
Specific location.
(2) 
Topography.
(3) 
Proximity to all adjacent buildings, roads and water courses.
(4) 
Such other pertinent information as the Board of Supervisors may require.
C. 
Site requirements. Any landfill must not be located so as to obstruct natural drainage channels nor cause possible contamination to streams, springs or any other surface or underground waters. No dumping shall be permitted in any site where a normal or raised water table during rainy seasons might result in pollution of public or private water supplies or where the presence of creviced limestone will lead to underground pollution.
D. 
Permit. The site for any sanitary landfill must be approved by a majority vote of the Supervisors of East Whiteland before the issuance of any permit but such permit may not be granted unless a favorable recommendation on the site is first received from the following:
(1) 
The Township Engineer and/or equally competent professional advisor.
(2) 
State and other appropriate governmental agencies.
E. 
Operation shall be strictly in accordance with the following regulations:
(1) 
Hours. Dumping shall only be permitted from 7:00 a.m. to 5:00 p.m. with the exception that no dumping shall be permitted at any time on any Sunday.
(2) 
No burning of any kind is permitted on the premises at any time. Fire extinguishing equipment shall be maintained on the premises at all times.
(3) 
A trained supervising employee shall be upon the premises at all times during the permitted hours of operation.
(4) 
Fill. Garbage, trash, rubbish or other refuse shall be placed in trenches dug for the purpose or placed on top of the ground, then spread and compacted in layers in a planned controlled manner, each layer of fill not to exceed a depth of six feet after compacting and covered with at least six inches of dirt. In addition, at the end of each day all fill shall be covered with at least six inches of dirt, or in the case of the final top layer of fill with not less than 24 inches of dirt with not more nor less than a 1/2% to 1% slope to provide adequate drainage but to avoid erosion. Where an area is subject to flooding, precautions must be taken to prevent erosion of fill such as erection of protective dikes. No open pits, pools or similar areas are permitted at any time.
(5) 
All requirements and regulations of the Commonwealth of Pennsylvania shall be met at all times.
(6) 
Movable fencing shall be utilized so that rubbish will not be blown beyond the confines of the landfill area.
(7) 
All collections of surface water resulting from landfill operations shall be drained, filled or treated with effective chemicals to prevent mosquito production. Insect and rodent controls shall be used whenever necessary to meet public health requirements.
F. 
Record keeping. A permanent record must be kept of all fill accepted into a sanitary landfill, which record is the responsibility of the owner and/or operator. The record shall show the date, time, name of individual or commercial interest and a description of the type of fill. Such record data will be made available at any time to any legal agent designated by the Supervisors of East Whiteland Township at any time.
G. 
Prohibited fill.
(1) 
Any sanitary landfill shall not be permitted to accept any wastes or toxic material having a toxicity rating of 3, 4, 5 or 6 as defined in Section II, Clinical Toxicology of Commercial Products, Gleason, Gosselin, Hodge, unless such material is contained in sealed 16 gauge steel containers.
(2) 
Liquid wastes (sewage or other) shall not be deposited in any sanitary landfill after 60 days from the date of enactment of this amendment. During the period that sewage may be deposited it must be spread across the working surface and not deposited in a pit, pool or similar area.
H. 
Transportation of fill. All trucks or other vehicles carrying or transporting garbage, trash, rubbish, sewage or other refuse within the Township shall be covered and otherwise so designed to prevent any garbage, trash, rubbish, sewage or other refuse from falling, dripping or blowing on or near any roads, streets, parks or other facilities within the Township or upon any private property adjoining thereto.
I. 
Inspection.
(1) 
Any legal agent of the Supervisors of East Whiteland Township or the Supervisors themselves shall have the right to enter upon and to inspect the operation of the sanitary landfill to see that the requirements of this section are met, without prior notification to the owner or operator of the sanitary landfill.
(2) 
An inspection of the sanitary landfill shall be made by the Supervisors of East Whiteland Township not less than once each month.
J. 
Permit fees. The annual fee required by virtue of this section shall be as set from time to time by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
K. 
Truck licenses. All commercial and municipal garbage and trash collection trucks, regardless of the size of their operations, that use a sanitary landfill in East Whiteland shall obtain a license from the Township. Said license shall be issued for a twelve-month period beginning July 1 and ending June 30 of the following year and each license must be renewed annually on or before the first day of July of each year. The fee for each license shall be as set from time to time by resolution of the Board of Supervisors, and which shall be paid annually when the license is issued.
[Added 12-30-1970[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
Violations.
(1) 
If a legal agent designated by the Supervisors of East Whiteland Township shall find upon inspection that any provision of the regulations governing the operation of the sanitary landfill are not being met, he shall notify the owner or operator of the landfill promptly of the violation. The owner or operator shall have 24 hours after receipt of notification to start remedial action.
(2) 
If no remedial action is started within 24 hours, the owner or operator of the landfill shall be cited for violation and prosecuted.
M. 
Penalties.
(1) 
Upon conviction of a violation of this section, the owner or operator of a sanitary landfill shall be subject to the penalties provided in § 150-15. Each day's operation after notification shall be considered a separate violations.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
If persistent violations are found in the operation of a sanitary landfill, the Supervisors of East Whiteland Township shall have the right to seek an injunction ordering the cessation of operations at the sanitary landfill as detrimental to the health, safety and welfare of the community.
(3) 
If the owner or operator of a particular sanitary landfill is convicted five times within any twelve-month period for violation of this chapter, then it shall be mandatory that the Supervisors of East Whiteland Township seek an injunction ordering the cessation of operations at the sanitary landfill.[4]
[4]
Editor's Note: Former Section 11, regarding persons and firms engaged in spreading of sewage, which immediately followed this section, was repealed 4-14-1966.

§ 150-11 Disposal of liquid wastes.

[Amended 4-14-1966]
No liquid wastes shall be disposed of in East Whiteland Township except when authorized by the Sanitation Officer through issuance of an emergency permit.[1]
[1]
Editor's Note: Former Section 11, Dumping within the Township, which immediately followed this section, was repealed 2-14-1966.

§ 150-12 Incineration.

Garbage, trash, rubbish and other refuse may be disposed of within the Township by incineration, provided that adequate facilities are established and there is neither smoke odor or dust or dirt resulting from the incineration.

§ 150-13 Covering of vehicles to prevent scattering debris.

All trucks or other vehicles carrying or transporting garbage, trash, sewage or other refuse within the Township shall be covered so as to prevent any garbage, trash, rubbish, sewage or other refuse from falling on or near any roads, streets, parks or other facilities of the Township, or upon any private property adjoining thereto.[1]
[1]
Editor's Note: Former Section 14, prohibiting dumping, which immediately followed this section, was repealed 2-14-1966.

§ 150-14 Accumulation of garbage or refuse prohibited; storage.

[Added 10-9-1962]
A. 
It shall be unlawful for any person, company, firm, individual, or corporation to maintain on public or private property any garbage, trash, litter, rubbish or other refuse, or to permit the accumulation of any garbage, trash, litter, rubbish or other refuse that creates an unsightly or noxious condition or which in any way endangers the public health or welfare.
B. 
Garbage, trash, litter, rubbish or other refuse may be stored in closed containers designed for such purposes if such containers are neat, orderly and do not permit noxious odors to escape into the air. Such storage in closed containers is limited to seven days after which time the garbage, trash, litter, rubbish or other refuse must be disposed of as herein elsewhere provided.
C. 
The Sanitation Officer, upon receipt of a complaint of a violation of this section, may enter on to the property where said violation is alleged to exist and, upon examination, if such condition does exist, he must give to the owner, lessee, or other person in charge of the premises written notice of the violation. The recipient of the said notice shall have 10 days after receipt of the notice to correct any such violation.[1]
[1]
Editor's Note: Former Section 17, Regulation of trash collection trucks and trash containers, added 12-11-1978, which followed this section, was repealed 6-10-1991.

§ 150-15 Violations and penalties.

[Amended 12-11-1978; 6-10-1991; 7-2-1996 by Ord. No. 111-96; 4-1-1997 by Ord. No. 117-97]
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each provision of this chapter that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.