As used in this article, the following terms
shall have the meanings indicated:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
AUTHORIZED AGENT
A certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, municipal secretary
or any other qualified or licensed person who is delegated by the
Township to function within specified limits as the agent of the Township
to carry out the provisions of this article.
BOARD
The Board of Supervisors of Conewago Township, Adams County,
Pennsylvania.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
COUNCIL
The Board of Supervisors of Conewago Township, Adams County,
Pennsylvania.
DEPARTMENT
The Board of Supervisors of Conewago Township, Adams County,
Pennsylvania.
INDIVIDUAL SEWAGE SYSTEM
A 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 into any waters of this commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of the commonwealth, backs
up into the building connected to the system or otherwise causes a
nuisance hazard to the public health or pollution of groundwater or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any of
the conditions noted above occur for any length of time during any
period of the year.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Sewage Facilities
Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sewage systems
and community sewage systems.
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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
REPLACEMENT AREA
A portion of a lot or a developed property, sized to allow
the installation of a subsurface sewage disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewage disposal system.
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 substances 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 the "Clean Streams Law," as amended.
SEWAGE ENFORCEMENT OFFICER
The official of the local agency who issues and reviews permit
applications and conducts such investigations and inspection as are
necessary to implement Act 537 and the rules and regulations promulgated
thereunder.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's adopted Act 537 Official
Sewage Facilities Plan. A sewage management district may encompass
the entire municipality.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the Township to effectively enforce and administer
the part.
SUBDIVISION
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
From the effective date of this article, its
provisions shall apply in any portion of the Township identified in
the Township Act 537 Official Sewage Facilities Plan as a sewage management
district. Within such an area or areas, the provisions of this article
shall apply to all persons owning any property serviced by an on-lot
sewage disposal system and to all persons installing or rehabilitating
on-lot sewage disposal systems. If necessary, the entire Township
may be identified as a sewage management district.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
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; and
D. Clean surface water or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and french
drains.
The Township, upon written notice from the Township
Sewage Enforcement Officer 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 certified Sewage Enforcement Officer. The
owner shall be charged for the work performed and, if necessary, a
lien shall be entered therefor in accordance with law.
[Amended 12-20-1999 by Ord. No. 1999-Q]
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this article. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or
agents of the Township are hereby authorized to enforce compliance
by filing an action in equity in lieu of a civil action filed before
a Magisterial District Judge.