Editor’s Note: This ordinance also superseded former Art. II, Individual Sewage Disposal Systems, adopted 7-2-1975 by Res. No. 75-29, consisting of § 242-5, Enforcement of Sewage Facilities Act, as amended.
Purpose. The purpose of this article is to clarify when it is necessary
to apply for and obtain a permit for the installation, modification,
or repair of an individual sewage system or a community sewage system,
and to require the applicant to pay all fees and costs of said permit.
Definitions. Unless otherwise specifically set forth herein, the
definitions used in this article are to have the same meaning as set
forth in this Act, as amended, and as set forth in the applicable
Rules and Regulations of the Department of Environmental Protection.
Permit for sewage system required. No person shall install, modify
or repair an individual sewage system or community sewage system;
and no person shall construct or request bids for construction of
an individual sewage system or a community sewage system; and no person
shall 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, plans and specifications
of such system are in compliance with this article. A permit shall
be required in every instance where a person desires to install, construct,
modify or repair an individual sewage system or a community sewage
system on any tract of land of any size or any location in the Borough
of Chambersburg, Franklin County, Pennsylvania, regardless of the
use of the land and regardless of whether use is established by actual
usage or by zoning.
Obtaining a permit. All permits for the construction, installation,
modification or repair of an individual sewage system or a community
sewage system shall be obtained from the Chambersburg Borough Sewage
Enforcement Officer, and the issuance of all such permits shall be
subject to all the conditions that may be required by any rules and
regulations adopted by the Borough of Chambersburg or the Commonwealth
of Pennsylvania concerning the issuance of sewage permits. Applications
for permits shall be submitted in writing to the Borough Manager or
his designee and shall be made on such forms as the Borough Manager
or its designee may from time to time provide or require.
Inspections. The Sewage Enforcement Officer shall make all inspections
pursuant to and as required by the Act, as amended, and the standards
and regulations adopted pursuant to the aforesaid Act, as well as
any standards, regulations or resolutions adopted by the Borough of
Chambersburg concerning the issuance of sewer permits.
Applicant to pay costs. Applicants shall pay all costs of inspection,
including but not limited to fees paid to the Sewage Enforcement Officer
and any and all other fees and charges as the Chambersburg Town Council
may from time to time establish by resolution.
Violations and penalties. Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
Nuisances. In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and may
be abated by Borough of Chambersburg by seeking appropriate equitable
or legal relief from a court of competent jurisdiction.
Sewage holding tanks. The Chambersburg Town Council may from time
to time establish by resolution rules and regulations concerning sewage
which it may deem necessary to affect the control and methods of holding
tanks and privy use, sewage disposal and sewage collection and transportation
thereof.
Maintain the holding tank or privy in conformance with this or any
ordinance of this Borough of Chambersburg, the provisions of any applicable
law, and the rules and regulations of the governing body and any administrative
agency of the Commonwealth of Pennsylvania.
Abandon the privy consistent with applicable public health and environmental
standards or other appropriate standards and obtain a permit for and
install an approved connection to the public sewer system operated
by the Borough of Chambersburg.
Pumping of on-lot septic or sewage tanks. Chambersburg Town Council
may from time to time establish by resolution rules and regulations
concerning the pumping of on-lot sewage disposal septic tanks and
the proper disposal of settled sewage solids.
Sewage haulers. All sewage haulers shall be licensed by the Department
of Environmental Protection. All sewage haulers shall be responsible
for the disposal of all sewage collected in Chambersburg Borough at
a state-approved facility. All sewage haulers shall provide a copy
of the disposal receipt for each property pumped to the Borough of
Chambersburg at least once per year.
Use of public system required. The owner of any improved property
accessible to and whose principal building is within 150 feet from
the sewer system shall connect such improved property with and shall
use such sewer system, in such manner as Borough of Chambersburg may
require, within 60 days after notice to such owner from the Borough
to make such connection, for the purpose of discharge of all sanitary
sewage and industrial wastes from such improved property; subject,
however, to such limitations and restrictions as shall be established
herein or otherwise shall be established by the Borough, from time
to time.