[Adopted 9-7-1993 by Ord. No. 1993-10]
A.
This article may be cited as the "OLDS (On-Lot Disposal
System) Management Program for West Hanover Township."
B.
As mandated by the municipal codes, the Clean Streams
Law (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"), municipalities
have the power and the duty 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 West Hanover 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
inspection, maintenance and rehabilitation of on-lot sewage disposal
systems; to further permit the township to intervene in situations
which are public nuisances or hazards to the public health; and to
establish penalties and appeal procedures necessary for the proper
administration of a sewage management program.
A.
General terms. In the interpretation of this article,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
B.
Specific terms.
(1)
ACT
ALTERNATIVE SYSTEM
AUTHORIZED AGENT
BOARD
CODE ENFORCEMENT OFFICER (hereinafter called "CEO")
COMMUNITY SEWAGE SYSTEM
DEP
DEVELOPER
EQUIVALENT DWELLING UNIT (EDU)
IMPROVED PROPERTY
INDIVIDUAL SEWAGE SYSTEM
LAND DEVELOPMENT
LOT
MALFUNCTION
MANAGEMENT PROGRAM
OFFICIAL PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PUMPER/HAULER
PUMPER'S REPORT/RECEIPT
REHABILITATION
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (hereinafter called "SEO")
SEWAGE FACILITIES
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
TOWNSHIP
For the purposes of this article, the terms used shall
be construed to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A system for the disposal of domestic wastewaters not operating
below ground level but located on or near the site of the building
or buildings being served (e.g., composing toilets, gray water recycling
systems, incinerating toilets, spray irrigation and black water recycling
systems, etc.).
A licensed sewage enforcement officer, professional engineer
or sanitarian, plumbing inspector, soils scientist or any other qualified
or licensed person who is delegated to function within the specified
limits as the agent of the Board of Supervisors of West Hanover Township
to carry out the provisions of this article.
The Board of Supervisors of the Township of West Hanover,
Dauphin County, Pennsylvania.
An individual employed by the township to administer and
enforce this and other ordinances in the township.
Any system, whether publicly or privately owned, for the
collection of sewage publicly, or industrial wastes of a liquid nature
from two or more lots or uses, or two or more equivalent dwelling
units, and the treatment and/or disposal of the sewage or industrial
waste on one or more of the lots or at any other site and which shall
comply with all applicable regulations of the DEP.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person, partnership or corporation which erects or contracts
to erect a building on property owned by it with the intent to sell
the building to some other party upon its full or partial completion,
or upon the conveyance of property on which the building is to be
built.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial or institutional establishment with sewage flows equal
to 400 gallons per day.
Any property within the township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any system of piping, tanks or other facilities serving a
single lot and collecting and disposing of sewage in whole or in part
into the soil or any waters of the Commonwealth of Pennsylvania or
by means of conveyance to another site for final disposal.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition which occurs when an on-lot sewage disposal
system causes pollution to the ground or surface waters, contamination
of private or public drinking water supplies, nuisance problems or
hazard to public health. Indications of malfunctioning systems include
but are not limited to foul odors, lush grass growing over the system,
backup of wastewater in the attached buildings, soggy ground over
the system, surfacing sewage effluent flowing over the ground and
occurring at any time of the year.
The management program shall encompass the entire area of
West Hanover Township serviced by sewage facilities or any other alternative
system which discharges into the soils of the township. All systems
shall be operated under the jurisdiction of the West Hanover Township
Board of Supervisors regulating the subsurface disposal and/or alternate
systems, and other applicable laws of the Commonwealth of Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the township and approved by the DEP in
accordance with the Act and with applicable DEP regulations.
Any sewage system disposing of sewage in whole or in part
into the soil or any waters of the Commonwealth of Pennsylvania or
by means of conveyance to another site for final disposal, and which
is located upon the lot which it serves.
Any person, corporation, partnership, etc., holding deed/title
to lands within West Hanover Township.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, trust, estate or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of action to comply with the terms of this
article, the term "person" shall include the members of an association,
partnership or firm and the officers of any public or private corporation,
whether for profit or not-for-profit.
A revision to, or exception to the revision of, the Township
Official Plan submitted in connection with the request for approval
of a subdivision or land development in accordance with DEP regulations.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems.
Form which shall be used by all licensed pumper/haulers to
report each pumping of on-lot sewage disposal systems in the township.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
An area designated as the future location of an individual
on-lot sewage system that shall be installed should the initial individual
on-lot system installed or to be installed fail or otherwise become
inoperable and which shall meet all the regulations of the DEP and
all applicable township ordinances for an individual on-lot sewage
system, and shall be protected from encroachment by an easement recorded
on the final plan as filed with the Dauphin County Recorder of Deeds.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or any
noxious or deleterious substance 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.
A person appointed by the Board to administer the provisions
of this article and authorized by the DEP in accordance with Chapter
71, Administration of Sewage Facilities Program, of Title 25, Rules
and Regulations; to perform percolation tests, site and soil evaluation,
and issue sewage permits for on-lot disposal systems.
Any method of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage into the waters of this commonwealth or otherwise provide
for the safe and sanitary treatment of sewage.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq.
West Hanover Township, Dauphin County, Pennsylvania.
(2)
All other definitions of words and terms used in this
article shall have the same meaning as set forth in Chapter 73, Standards
for Sewage Disposal Facilities, of Title 25, Rules and Regulations,
Department of Environmental Protection.
From the effective date of this article, its
provisions shall apply to all persons owning any property in the township
serviced by an on-lot sewage disposal system and to all persons installing
or rehabilitating on-lot sewage disposal systems.
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 indicating that the site and the
plans and specifications of such system are in compliance with the
provisions of the Pennsylvania Sewage Facilities Act (hereinafter
called "Act 537" or "Act") and the standards adopted pursuant to that
Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
No system or structure designed to provide individual
or community sewage disposal shall be covered from view until approval
to cover the same has been given by the Municipal SEO. If 72 hours
have elapsed, excepting Sundays and holidays, since the SEO 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 SEO.
C.
The township may require applicants for sewage permits
to notify the township's certified SEO 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 Act 537 may be scheduled
and performed by the township's certified SEO at the cost of the applicant.
D.
No building or occupancy permit shall be issued by
the township or its CEO for a new building which will contain sewage-generating
facilities until a valid sewage permit has been obtained from the
township's certified SEO.
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 the
township's CEO and the structure's owner receive from the township's
SEO either a permit for alteration or a replacement of the existing
sewage disposal system or written notification that such a permit
will not be required. In accordance with Chapter 73 regulations, the
certified SEO 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 certified SEO
employed by the township for that express purpose. The DEP shall be
notified by the township as to the identity of its currently employed
certified SEO
G.
No sewage permit may be issued unless proof is provided
that the owner of record has owned the lot since May 15, 1972, or
that Act 537 planning for that lot has been provided by the township.
H.
No final Act 241 approval on a subdivision plan may
begin until Act 537 planning is approved by the township.
Any person who shall install new or rehabilitated
systems shall provide a marker or markers at ground level locating
the subsurface waste disposal tank and other important components
of the system requiring periodic inspection and maintenance. Requirements
for marker types and locations will be determined by the township's
SEO. In addition, a riser or access hatch shall be constructed so
as to enable easy access to the waste disposal tank, and prevent odors
from escaping and to prevent children from removing the hatch.
A.
Requirements.
(1)
After the effective date of this article, a replacement area for
an individual on-lot sewage system shall be required for all lots
or lots to be created which are not serviced or to be serviced by
a community sewage system, or for which a valid permit for installation
of an individual on-lot sewage system has not been issued. All proposed
and existing lots (created prior to the effective date of this article)
requiring a sewage permit to be issued shall be required to show that
the lot can provide areas for both a primary and secondary system.
[Amended 4-3-2017 by Ord.
No. 2017-01]
(2)
The replacement area provided shall comply with the
Act and with all regulations issued by the DEP as incorporated into
this article concerning individual on-lot sewage systems, including
isolation distances, and with the terms of this article and any other
applicable township ordinances.
B.
Identification of replacement area.
(1)
Each applicant who shall submit a plan for the subdivision
or development of land or who shall apply for a permit for the installation
of an individual on-lot sewage system, or who shall request approval
of a planning module for land development or the adoption of a revision,
exception to revision or supplement to the official plan shall demonstrate
to the satisfaction of the SEO that a suitable area exists on the
lot or on each lot to be created for an initial individual on-lot
sewage system and for the replacement area. The SEO shall perform
or observe all tests required for the location of an individual on-lot
sewage system to confirm the suitability of the replacement area.
Allowance of open land for the replacement area without testing performed
or observed by the SEO shall not constitute compliance with the requirements
of this section.
(2)
The location of the initial individual on-lot sewage
system and the replacement area as confirmed by the SEO shall be identified
on the plot plans and diagrams submitted as part of the permit application.
(3)
If the application has been submitted as a part of
an application for subdivision or land development approval or as
part of a request that the township approve a planning module for
land development or amend its official plan, or a request for an exception
to the revision of the official plan, the location of each initial
individual on-lot sewage system and each replacement area shall be
noted upon the plans. If the application is for subdivision or land
development approval, a note constituting a permanent easement shall
be added to the plans stating that no improvements shall be constructed
upon the replacement area, and the deed to be recorded for each lot
created as part of the subdivision or land development shall contain
language reflecting this limitation.
(4)
Any revisions to a permit or plan affecting a replacement
area which previously has been approved pursuant to the provisions
of this article shall be reviewed for approval by the Board or its
authorized agent.
C.
Construction restrictions.
(1)
The easement for the replacement area noted upon the
plan and recorded with the Dauphin County Recorder of Deeds shall
state that no permanent or temporary improvements of any character,
other than shallow-rooted plant matter, shall be constructed upon
the replacement area.
(2)
This provision shall be enforced by the township unless
the person who desires to construct such improvements shall demonstrate
to the satisfaction of the SEO that an alternate replacement area
which complies with all applicable regulations of the DEP, this article
and all other applicable township ordinances, exists upon the lot.
If such an alternate replacement area shall be identified, the alternate
replacement area may be considered to be the replacement area required
by this article and shall be designated as the replacement area. The
newly designated replacement area shall thereafter be considered the
replacement area for the purposes of this article.
D.
Relief from replacement area requirement.
(1)
If any lot held in single and separate ownership as
of the effective date of this article does not contain land suitable
for a replacement area, the applicant submitting a land development
plan or a planning module for land development or desiring to install
an individual on-lot sewage system may request that the Board grant
an exception to the requirement of providing a replacement area. The
applicant for such an exception shall present credible evidence to
the Board demonstrating that the lot was held in single and separate
ownership on the effective date of this article; the size of the lot;
inability of the applicant to acquire adjacent land or the unsuitability
of adjacent land which might be able to be acquired; and the testing
conducted to determine that the lot is not suitable to provide a replacement
area.
A.
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 article.
B.
The inspection may include a physical tour of the
property, the taking of samples from surface water, wells, other ground
water 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 in the structure.
A copy of the inspection report shall be furnished to the owner and
current resident which shall include all of the following information
which is reasonably available to the individual or agency responsible
for pumping the septic tank: date of inspection; name and address
of system 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 and
all soils and water tests; and any remedial action required.
C.
The township's authorized agent shall have the right
to enter upon land for the purposes of inspections described above.
In the event that access to inspect the property is denied, the following
steps shall be taken:
(1)
The matter will be officially referred to the Board
for action.
(2)
The Board may schedule a review at the next scheduled
meeting of the Board, or, if the situation threatens the health or
safety of the residents of the township, the Board may commence an
immediate procedure to obtain a search warrant from the District justice.
(3)
Upon receipt of a search warrant to inspect the property,
the authorized agent of the township shall be accompanied by an officer
of the County or State Police, and the inspection shall be completed
in accordance with this section.
D.
A schedule of routine inspections may be established
by the township, if necessary, to assure the proper function of the
systems in the township.
E.
The township's authorized agent shall inspect systems
known to be, or alleged to be, malfunctioning. Should said inspections
reveal that the system is malfunctioning, the township shall take
action to require the correction of the malfunction. If total correction
is not technically or financially feasible in the opinion of the township
and a representative of the DEP, action by the owner to mitigate the
malfunction shall be required.
F.
There may arise geographic areas within the township
where numerous on-lot sewage disposal systems are malfunctioning.
A resolution of these area-wide problems may necessitate detailed
planning and a township-sponsored revision to that area's Act 537
Official Sewage Facilities Plan. When a DEP authorized Official Sewage
Facilities Plan Revision has been undertaken by the township, mandatory
repair or replacement of individual malfunctioning sewage disposal
systems within the study area may be delayed, at the discretion of
the township, pending the outcome of the plan revision process. However,
the township may compel immediate corrective action whenever a malfunction,
as determined by township officials and the Pennsylvania DEP, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including
but not limited to pesticides, disinfectants, acids, paints, paint
thinners, herbicides, gasoline and other solvents.
D.
Clean surface or ground water, including water from
roof or cellar drains, springs, basement sump pumps and french drains.
A.
Pumping of tank.
[Amended 4-16-2001 by Ord. No. 2001-4]
(1)
Any person owning a building served by an on-lot sewage
disposal system shall have the septic tank pumped by a qualified pumper/hauler
after the effective date of this article based on the following schedule:
(a)
Properties located in West Hanover Township
Precinct 1: within one year of effective date of this article.
(b)
Properties located in West Hanover Township
Precinct 2: within two years of effective date of this article.
(c)
Properties located in West Hanover Township
Precinct 3: within three years of effective date of this article.
(d)
Properties located in West Hanover Township
Precinct 4: within four years of effective date of this article.
B.
Any person providing a receipt or other written evidence
showing that their tank had been pumped within three years of the
first-year anniversary of the effective date of this article, then
the township may delay that person's initial required pumping to conform
to the general four-year frequency requirement.
[Amended 4-16-2001 by Ord. No. 2001-4]
C.
The township may allow an extension of up to two years
to the pump out period when the owner can demonstrate to the township
that the system can operate properly for this additional period of
time. This extension is not recurring, and the township must approve
each extension. Such a request must be made no sooner than six months
prior to the date when the next required pumping is to be completed.
The request must be in writing with all supporting documents attached.
The township, in making its determination, shall take into account
the information submitted by the applicant, the sewerage permit issued
by the Township SEO upon installation or rehabilitation of the system
and supporting documentation, reports or inspection and maintenance
of the system and other relevant information, and may conduct an on-site
inspection. The applicant shall bear the cost of any inspection, surface
or subsurface, and soil or wastes sampling conducted for the purposes
of evaluating the request. The applicant shall receive a decision
within 60 days of accumulation of all necessary information by the
township.
[Amended 4-16-1996 by Ord. No. 1996-3; 4-16-2001 by Ord. No. 2001-4]
D.
The required pumping frequency may be increased at
the discretion of the 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.
E.
Each time a septic tank or other subsurface waste
disposal system tank is pumped out, the township, its authorized agent
or a private septage pumper/hauler, whichever provides the service,
shall provide to the owner of the subsurface waste disposal system
a signed pumper's report/receipt containing at a minimum the following
information:
(1)
Date of pumping.
(2)
Name and address of the system owner.
(3)
Address of the tank's location, if different from
the owner's.
(4)
Description and diagram of the location of the tank,
including the location of any markers, risers and access hatches and
size of the tank.
(5)
The date the existing system was installed.
(6)
Last date of pump out.
(7)
List of other maintenance performed.
(8)
Any indications of system malfunction observed.
(9)
Amount of septage or other solid or semisolid material
removed.
(10)
List of recommendations.
(11)
Destination of the septage (name of the treatment
facility).
F.
Upon completion of each required pumping, the township,
its authorized agent or a private septage waste hauler shall fill
out and submit a pumper's report/receipt, copies of which shall be
provided by the township to all licensed pumpers/haulers. The township's
authorized agent or a private septage pumper/hauler shall provide
one copy of the pumper's report/receipt to the owner and one copy
to the township. Copies must be received at the township's business
office within 30 days of the date of pumping. The pumper's report/receipt
will include verification that the baffles in the septic tank have
been inspected and found to be in good working order.
G.
Any person owning a building served by an alternative
system or 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 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 exceed those required for septic tanks.
H.
Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks in Subsection A.
I.
The township may require additional maintenance activity
as needed, including but not necessarily 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, the diversion of surface water away from the disposal area,
etc. Repair permits issued by the certified SEO must be secured for
these activities.
A.
No person shall operate and 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 of Pennsylvania unless a permit
to discharge has been obtained from the DEP.
B.
The township shall issue a written notice of violation
to any person who is the owner of a property in the township which
is found to be served by a malfunctioning on-lot sewage disposal system
or which is discharging raw or partially treated sewage without a
permit.
C.
Within seven days of notification by the township
that a malfunction has been identified, the owner shall make application
to the township's certified SEO 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 shall
set an extended completion date.
D.
The township's certified SEO shall have the authority
to require the repair 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 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 other alternatives
as appropriate for the specific site.
E.
In lieu of or in combination with the remedies described 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 and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or do not prove effective, the township may require the owner to apply for a permit to construct a holding tank in accordance with township ordinance. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.
Should none of the remedies described above prove
totally effective in eliminating the malfunction of an existing on-lot
sewage disposal system, the owner is not absolved of responsibility
for that malfunction. The township may require whatever action is
necessary to lessen or mitigate the malfunction to the extent that
it feels 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
SEO. The owner shall be charged for the work performed and, if necessary,
a lien shall be entered therefor in accordance with law.
A.
All septage pumper/haulers operating within the township
shall be licensed with the township and shall comply with all reporting
requirements established by the township.
B.
All septage originating within the municipal sewage
management district shall be disposed of at sites or facilities approved
by the DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites and approved farm lands.
C.
Septage pumper/haulers operating within the township
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 regulations adopted pursuant to such Act.
(1)
Any septage pumper/hauler who violates any of the
provisions of this article shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $1,000, plus costs, and, in default of
payment thereof, shall be subject to imprisonment for a term not to
exceed 30 days. Each day the violation continues shall constitute
a separate offense.
[Amended 7-17-2000 by Ord. No. 2000-7]
(2)
If any pumper/hauler shall have been convicted on
two occasions of any violation of this article, or for violating the
conditions of its state permit or of any state or local law governing
its operation, the Board shall have the power to suspend said pumper/hauler
from operating within the township for a period of not less than six
months or more than two years for each violation, as determined by
the township. Each day the violation continues shall constitute a
separate offense.
[Added 4-16-1996 by Ord. No. 1966-3]
A.
Upon the discontinuance of the use of any tank for
sewage disposal purposes, whether by mandatory or voluntary connection
to a community sewage system or abandonment for any other reason,
the owner thereof shall have the tank pumped and flushed by a pumper/hauler
and, at the owner's option, either physically removed from the premises
or filled with soil and/or stone.
B.
When the owner elects to have the tank filled with stone as permitted by Subsection A above, said tank may then be used for the discharge of stormwater, sump pump discharge or other effluent not qualifying for discharge into the community sewage system, provided that said discharge is otherwise permitted by applicable law.
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 certified SEO, a CEO, a secretary, administrator or other persons
as required. 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 shall become the property
of the township. Existing and future records shall be available for
public inspection during required business hours at the official municipal
office. All records pertaining to sewage permits, building permits,
occupancy permits and all other aspects of the township's OLDS Management
Program shall be made available, upon request, for inspection by representatives
of the DEP.
D.
The Board shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Board may establish a fee schedule, and subsequently
collect fees, to cover the cost to the township of administering this
program.
A.
Appeals from decisions of the township or its authorized
agent under this article shall be made to the Board, in writing, within
45 days from the date of the decision in question.
B.
The appellant shall be entitled to a hearing before
the Board at its next regularly scheduled meeting, if the 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 subsequent meeting. The township 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.
C.
A decision shall be rendered, in writing, within 45
days of the date of the hearing. If a decision is not rendered within
45 days, the relief sought by the appellant shall be deemed granted.
[Amended 7-17-2000 by Ord. No. 2000-7]
Any person, other than a pumper/hauler, who
violates any of the provisions of this article shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 and costs
and not more than $300 and costs, or, in default thereof, shall be
confined in the county jail for a period of not more than 30 days.
Each day of noncompliance shall constitute a separate offense.
