[Adopted 3-4-1980 by Ord. No. 19]
The purpose of this article is to clarify and
make certain when it is necessary for a property owner in Hamilton
Township to apply for and obtain a permit for the installation of
an individual sewage system or a community sewage.
[Amended 7-7-2008 by Ord. No. 118]
The following definitions are used throughout this Chapter 103 and shall have the meaning set forth below except if otherwise clearly stated.
The quantity of oxygen, expressed in milligrams per liter
(mg/l), utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five days at 20° C. The standard
laboratory procedure shall be as set forth in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published
by the Water Environment Federation and the American Public Health
Association.
Any person that discharges wastes to the sewer system from
any industrial or commercial activity or from any activity which produces
wastes of a different character from sanitary sewage.
All wastewater and other wastes discharged to the sewer system
by an industrial or commercial facility, but not including any sanitary
sewage which is separately discharged. Sanitary wastes, when mixed
with industrial wastes, shall be deemed to be industrial waste.
Any individual, partnership, company, corporation, association,
society, municipality or other group or entity.
The logarithm of the reciprocal of the concentration of hydrogen
ions, expressed in grams per liter of solution.
Any substance or characteristic of sanitary sewage or industrial
waste that is listed as prohibited in this chapter or in the rules
and regulations adopted by the Township pursuant to this chapter.
The normal waterborne wastes produced by households, including
toilet, washing and other wastes, and exhibiting the normal characteristics
of such wastes, including concentrations of BOD, ammonia nitrogen,
phosphorus, solids and other constituents as determined from time
to time by the Township Engineer.
All wastes discharged into the sewer system, including sanitary
sewage and industrial wastes, but not including stormwater or other
uncontaminated waters.
Any pipe or conduit used for the transmission of sewage and
industrial wastes.
The collection of pipes, pumps and other appurtenances used
and useful for the collection and transmission of sewage and owned
or operated by the Township.
Waters resulting from precipitation or melting snow, and
which may flow over the surface of the land or beneath the land as
groundwater.
Total suspended solids as determined using procedures set
forth in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the Water Environment Federation
and the American Public Health Association.
Any of the priority pollutants as determined by the Environmental
Protection Agency or any other material that is determined by the
Township to constitute a toxic pollutant as set forth in this chapter.
The facility used and useful for the purpose of accepting,
treating and discharging sewage and permitted by the Pennsylvania
Department of Environmental Protection for such use.
No person shall install, construct, request
bid proposals for construction of or alter an individual sewage system
or community sewage system, or construct, request bids for construction
of, install or occupy any building or structure for which an individual
sewage system or a 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 this article
and the Pennsylvania Sewage Facilities Act, 1966, January 24, P.L.
1535 (1965), No. 537, as amended, as well as the rules and regulations
adopted thereunder by the Pennsylvania Department of Environmental
Protection. A sewage permit shall be required in every instance where
a person desires to install, construct, alter or change an individual
or community sewage system on any tract of land of any size or any
location in Hamilton Township, Adams County, Pennsylvania, regardless
of the use of the land; and specifically, this article requires the
obtaining of a sewage permit on tracts of land of 10 acres or more
for a rural residence.
All permits for the construction, installation,
alteration or change of an individual sewage system or community sewage
system shall be obtained from the Hamilton Township Sewage Enforcement
Officer and the permittee shall be subject to all the conditions that
may be required by any rules and regulations adopted by the Township
of Hamilton, County of Adams, and Commonwealth of Pennsylvania concerning
the issuance of sewage permits.
If any provision of this article is shown by
the landowner to be unreasonable of application, or such as to cause
undue hardship not of his own making, in the special conditions of
his situation, the Township may grant a variance from the literal
requirements of such provision, provided that such variance will not
be contrary to the public interest; that justice will be done; that
the purpose and intent of this article is observed; and that there
is no violation of the Pennsylvania Sewage Facilities Act and the
rules and regulations adopted thereunder.
A.
Any request for a variance shall be in writing and
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based and the exact variance thereof which
is requested.
B.
All proposals for variance from the provisions of
this article shall be reviewed and a recommendation made by the Planning
Commission, whether requested by the landowner or deemed necessary
by the Board of Supervisors or the Planning Commission.
C.
All proposals for variance from the provisions of
this article shall be reviewed by and shall have effect only when
approved by the Board of Supervisors.
D.
A record of the action on all variances from the provisions
of this article shall appear in the official minutes of the Planning
Commission and of the Board of Supervisors.
[Amended 12-3-1996 by Ord. No. 75; 5-6-1997 by Ord. No.
76]
Any person who violates or permits a violation
of this article shall, upon conviction 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 punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. Hamilton Township police
officers, or other appropriate officer(s) of Hamilton Township, shall
have the power to enforce the provisions of this article.
In addition to any other remedies provided in
this article, any violations of this article shall constitute a nuisance
and may be abated by the Township of Hamilton by either seeking appropriate
equitable or legal relief from a court of competent jurisdiction.
