[Adopted 4-3-2000 by Ord. No. 89]
The purpose of this article is to provide for the proper maintenance and care of all on-lot sewage disposal systems within Hamilton Township; to provide for the routine pumping out of said systems; to provide the Township inspections of said systems; to authorize intervention by the Township in situations involving health hazards; and to insure Township compliance with the Pennsylvania Sewage Facilities Act,[1] the Clean Streams Law[2] and other appropriate health and safety laws.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE WARRANT
A duly obtained warrant to authorize the entry of Township or its agents or employees for the purpose of inspecting the on-site waste disposal system of any property.
DENITRIFICATION UNIT
Any reliable system that removes nitrate-nitrogen prior to treatment and disposal using an on-lot system.
MALFUNCTION
A condition which occurs in which 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.
MALFUNCTION RISK ZONE
A geographic area of the Township which has been shown to have a high rate of failure for on-site sewage disposal systems.
ON-LOT SEWAGE DISPOSAL SYSTEM
Includes all individual sewage systems, community sewage systems, holding tanks and other authorized systems for the disposal of domestic sewage which are permitted by statute or rule and regulation. Said systems shall include, but not be limited to, septic tanks, sand mounds and holding tanks.
OWNER
Any natural person, corporation or partnership owning the property or properties served by an on-lot system, even if said entity does not reside on said property.
PERSON
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.
SEWAGE
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 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 or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as "Clean Streams Law,"[1] as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by DEP who is employed by the Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as may be provided for such person in the Sewage Facilities Act,[2] the rules and regulations promulgated thereunder and this or any other ordinance adopted by the Township.
SEWAGE PERMIT
Authorization from Township to build, create, modify or alter an on-site waste disposal system. Such permit shall only be issued if the owner is in compliance with all statutes, ordinances, rules and regulations governing said systems including, but not limited to, the provisions of this article.
TOWNSHIP
Hamilton Township, Adams County, the Hamilton Township Board of Supervisors, or any person or entity acting under the due authority of said Township.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
All other definitions or words and terms used in this article shall have the same meanings as set forth in "Chapter 73, Standards for Sewage Disposal Facilities," of Title 25, Rules and Regulations, Department of Environmental Protection.
The Sewage Enforcement Officer of the Township shall not authorize the issuance of a permit for any on-site sewage disposal system without reviewing the design for compliance with the "Chapter 73, Standards for Sewage Disposal Facilities," and compliance with the inspection schedule set forth below.
A. 
No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover has been given by the Sewage Enforcement Officer. If 72 hours have elapsed, excluding Saturdays, Sundays and official holidays, since the Sewage Enforcement Officer has received proper notification of the completion of construction, the applicant may cover the system or structure unless permission has been specifically refused by the Sewage Enforcement Officer.
B. 
The Township may by resolution set a schedule of interim inspections in addition to the final inspection. If such a schedule is set, applicants must notify the Sewage Enforcement Officer of the schedule for construction so that all interim inspections may be performed.
C. 
If any alteration, conversion or improvement to an existing structure will result in an increase or potential increase in sewage flows, no work shall begin on said alteration, conversion or improvement until the owner receives a permit for the alteration or improvement of the existing sewage disposal system or until the owner shall receive written notification from the Sewage Enforcement Officer that no alteration or improvement of the sewage disposal system is required.
D. 
Once a permit is issued, the Sewage Enforcement Officer is authorized to make inspections of the system on an as-needed basis. Such an inspection may include taking a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources and the sampling of the contents of the sewage disposal system. If the system is located in a malfunction risk zone or if the above inspection raises questions as to the functioning of the system, the Sewage Enforcement Officer may introduce a traceable substance into the plumbing of the structure in order to ascertain the path and ultimate destination of wastewater generated within the structure.
A. 
The inspections provided for in § 103-27 shall be conducted, whenever reasonable, in the presence of the property owner or resident.
B. 
In addition to the inspections provided above, where complaints are received by the Township concerning any on-site sewage disposal systems, where problems or malfunctions are discovered pursuant to Subsection A, where property owners fail to comply with the pumping and maintenance provisions of § 103-29 or where the Township is in receipt of other competent information concerning problems, malfunctions or improper care and maintenance of on-site sewage systems, the Township Sewage Enforcement Officer shall obtain an administrative search warrant to conduct any and all necessary examinations of said systems. Said warrant shall authorize the least restrictive and intrusive means possible for the necessary examination of said system.
A. 
The septic tanks of all subsurface sewage disposal systems shall be pumped out every three years or at other reasonable intervals as established by the Township which are commensurate with the type and location of said system. An authorized septic hauler shall perform said pumping.
B. 
The required interval for mandatory pumping out shall be a condition for the issuance of a sewage disposal system permit and said interval shall appear on each permit hereinafter issued.
C. 
Each property owner shall be responsible for the continuing care and maintenance of the on-site sewage system and issuance of a sewage disposal system permit shall be conditioned upon the continued care and maintenance of said system.
D. 
Any person owning a structure 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 said recommendations shall be submitted to the Township upon application for a sewage permit. Thereafter, service receipts shall be submitted to Township at intervals set forth in said recommendations.
E. 
Any person owning a structure served by an on-lot sewage disposal system, which contains a denitrification unit, shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of said recommendations shall be submitted to the Township upon application for a sewage permit. Thereafter, service receipts shall be submitted to Township at intervals set forth in said recommendations.
F. 
Additional maintenance activity may be required as needed, including, but not limited to, cleaning and unclogging of piping, servicing and repair of electrical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, and other items.
G. 
Failure to comply with said maintenance shall result in the revocation of the owner's permit to use and operate said system.
Each time a septic tank is pumped out, the property owner shall provide the Township with proof of said pumping on a form provided by Township. Said form shall contain the following:
A. 
Date of pumping.
B. 
Name and address of owner.
C. 
Waste hauler's name and license number.
D. 
Ultimate septage disposal site.
E. 
List of other maintenance performed.
F. 
A statement that the system has been found to be in satisfactory working order.
G. 
List the condition of tank baffles.
Failure of any owner to provide proof of pumping as required in § 103-30 at least as often as the interval established in § 103-29 shall serve as competent and sufficient evidence of failure to perform necessary maintenance and care and shall serve as the basis for Township to obtain an administrative search warrant in order to inspect said system.
Once malfunction risk zone(s) have been delineated by the Township (attachment[1]), all on-lot sewage disposal systems located within said zone shall be subject to a yearly inspection as set forth in §§ 103-27 and 103-28 and the maintenance requirements set forth in §§ 103-29 and 103-30. Township shall further be authorized to revise inspection and maintenance requirements by resolution where immediate corrective action is necessitated. The Township will identify and establish malfunction risk zones as needed.
[1]
Editor's Note: Said attachment is on file in the Township offices.
A. 
Any on-lot sewage disposal system or component thereof which is found to be malfunctioning and causing pollution of ground or surface waters, or contamination of private or public drinking water supply, a nuisance, or a hazard to the public health, shall be repaired, modified, or replaced, pursuant to the order of the Township or its authorized agent to correct the condition which caused the malfunction. Rehabilitation shall be performed in accordance with Chapter 73, "Standards for Sewage Disposal Facilities," of Title 25, Rules and Regulations, Department of Environmental Protection. The Sewage Enforcement Officer shall inspect rehabilitation and certify compliance with state and local standards. The Township shall retain final authority for the conditions and issuances of sewage permits.
B. 
The Township shall have the authority to order the repair of any existing on-lot sewage disposal system including, but not limited to, the installation of a new conventional drainage field, the construction of elevated sand mounds to replace an existing disposal field, holding tanks, spray irrigation system, and the replacement of an existing septic system with a completely different system such as an aerobic system or waterless toilet. The Township shall also have the authority to require two or more buildings serviced by malfunctioning septic tanks and subsurface drainage fields to hook up to a small community system.
C. 
Rehabilitation of on-lot sewage disposal system ordered by the Township shall commence construction within 30 days of issuance of said order and shall be completed within 90 days unless seasonal conditions mandate a longer period, in which case the Township shall set the extended completion date.
D. 
The owner of an on-lot sewage disposal system shall not undertake any independent repair, modification, or replacement of the system without a sewage permit. Upon completion, the Sewage Enforcement Officer shall inspect the rehabilitated system and certify its compliance with state and local standards prior to its use.
Only normal domestic sewage shall be discharged into the on-site sewage disposal system. The following wastes shall not be discharged into said systems:
A. 
Industrial waste.
B. 
Fats, grease and garbage grindings.
C. 
Automobile oil and other nondomestic oils in excessive amounts.
D. 
Toxic or hazardous substances, materials or chemicals, including but not limited to pesticides, acids, paint thinners, herbicides or solvents.
All septage originating within the Township shall be disposed of at sites and facilities approved by the Pennsylvania Department of Environmental Protection and operated in accordance with statute and regulation.
Township shall have the authority to contract with, employ or appoint any persons, partnerships, corporations or agencies in order to fulfill the requirements of this article. Reasonable fees for said actions may be passed on to the owners involved.
A. 
Appeals from decisions of Township employees or authorized agents under this article shall be made to the Township in writing within 30 days from the date of the decision.
B. 
The appellant shall be entitled to a hearing before the Township Board of Supervisors at its next regularly scheduled meeting if made at least 14 days prior to the next meeting. The Township shall thereafter reverse, modify, or affirm the aforesaid decision. The hearing may be postponed for good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing provided it is submitted with the written notice of appeal.
C. 
A decision shall be rendered within 35 days of the date of hearing. Said decision shall be in writing and shall set forth the underlying reasons for that decision.
A. 
Any malfunctioning sewage disposal system, which is not repaired within 30 days of notice from the Township, shall subject the owner to a fine of $300 per violation. Each day constitutes a separate violation.
B. 
Any owner who fails to comply with the pumping and proof requirements of §§ 103-29 through 103-31 of this article shall be subject to a fine of $50 per violation. Each thirty-day period where said requirements are not complied with shall constitute a separate section violation.