[HISTORY: Adopted by the Board of Supervisors
of the Township of Dickinson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-2002 by Ord. No. 2-2002]
A.
Short title. This article shall be known and may be
cited as the “Dickinson Township Sewage Facilities Management
Ordinance.”
B.
Authority. This article is intended to establish a
management program as ordered by the Commonwealth of Pennsylvania
Department of Environmental Protection on January 28, 2002; to authorize
the Board of Supervisors of Dickinson Township to regulate, inspect,
and assure the proper design, installation, operation, and maintenance
of all existing and future sewage facilities and/or alternative systems;
and to set forth charges and fees for such services, pursuant to statutory
authority of the Dickinson Township Board of Supervisors.
C.
Intent.
(1)
The Board of Supervisors recognizes that on-lot sewage
disposal systems constitute a valid and approved manner of preserving
the quality of the water and other natural resources of the Township
through the proper treatment of wastes generated by development within
the Township. The use of on-lot sewage systems will be regulated in
accordance with the provisions of this article until such time as
the Board of Supervisors has obtained approval of a revision to its
Act 537 Plan and has adopted an ordinance amending or repealing this
article. In addition, the Township has determined that should an on-lot
system fail, the water quality and other natural resources of the
Township may be polluted.
(2)
All landowners of lots hereafter created should provide
and set aside areas for the installation of replacement on-lot sewage
disposal systems. As further implementation of this policy for lots
on which on-lot disposal systems are not feasible, the Township desires
to establish procedures for the use and maintenance of privately owned
and operated sewage treatment facilities.
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.
ACT
ALTERNATE SYSTEM
AUTHORIZED AGENT
BOARD
DEPARTMENT
DEVELOPER
EQUIVALENT DWELLING UNIT (EDU)
HOLDING TANK
IMPROVED PROPERTY
LOT
MUNICIPALITY
OFFICIAL PLAN
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
REPLACEMENT LOCATION
SEPTAGE PUMPER/HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SEWAGE FACILITIES
(1)
(a)
(b)
(2)
(a)
(b)
SINGLE AND SEPARATE OWNERSHIP
STRUCTURE
SUBDIVISION
TOWNSHIP
Specific terms. 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., as amended.
A method of demonstrated on-lot sewage treatment and disposal
not described in Title 25, Chapter 73, of the Pennsylvania Administrative
Code, as amended.
A licensed sewage enforcement officer, qualified registered
professional engineer, the Township Engineer, qualified registered
professional geologist, or qualified soils scientist, who is authorized
by the Board, by resolution, to administer or enforce the provisions
of this article.
The Board of Supervisors of Dickinson Township.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person who constructs, or contracts to construct, any
building or other structure which is serviced, or intended to be serviced,
by sewage facilities, or which is required to be connected to sewage
facilities.
For the purpose of determining the number of lots in a subdivision
or land development only as it relates to the determination of planning
exemptions and fees for planning module reviews under Title 25 of
the Pennsylvania Administrative Code, that part of a multiple-family
dwelling or commercial or industrial establishment with flows equal
to 400 gallons per day. These flow figures are not intended to be
used for the calculation of flows for the design of community sewage
systems or for the allocation of flows related to community sewage
systems. Community sewage system flows for design and permitting purposes
shall be calculated using the procedures established in the Department’s
Domestic Wastewater Facilities Manual.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitates the ultimate disposal
of the sewage at another site.
[Added 5-6-2019 by Ord.
No. 2019-01]
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.
LAND DEVELOPMENT
A land development as defined in Chapter 178, Subdivision and Land Development, as the same is amended from time to time.
A parcel of land held in single and separate ownership.
Dickinson Township, Cumberland County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
Any person having a vested legal or equitable interest in
land within the Township.
The term includes an individual; association; public or private
corporation for-profit or not-for-profit; partnership; firm; trust;
estate; department; board; bureau or agency of the United States or
the commonwealth; political subdivision; municipality; district; authority;
or other legal entity which is recognized by law as the subject of
rights and duties. The term includes the members of an association,
partnership or firm and the officers of a local agency or municipal,
public or private corporation 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 Department
regulations.
A location designated as the future location of an on-lot
sewage system that shall be installed should the initial on-lot system
installed or to be installed fail or otherwise become inoperable and
which shall be in accordance with all applicable Township ordinances
for an on-lot system, and shall be protected from encroachment by
a note on the final plan recorded in the office of the Cumberland
County Recorder of Deeds.
An individual, partnership or corporation both licensed by
the Pennsylvania Department of Environmental Protection to pump and
haul septage pursuant to the requirements of the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq. and promulgated regulations
thereunder and registered with the Township.
[Added 4-15-2013 by Ord.
No. 2013-04]
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, to animal or aquatic life or to the
use of water for domestic water supply or for recreation; or a substance
which constitutes pollution under the Clean Streams Law.[1]
An official of the local agency who reviews permit applications
and sewage facilities planning modules, issues permits as authorized
by the Act and conducts the investigations and inspections that are
necessary to implement the Act and regulations thereunder.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste. The term includes:
INDIVIDUAL SEWAGE SYSTEMA 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 waters of this commonwealth or by means of conveyance to another site for final disposal.
[Amended 5-6-2019 by Ord. No. 2019-01]
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a holding tank.
INDIVIDUAL SEWERAGE SYSTEMAn individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a holding tank.
COMMUNITY SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
COMMUNITY ON-LOT SEWAGE SYSTEMA community sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or retaining tank.
COMMUNITY SEWAGE SYSTEMA publicly or privately owned community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area or retention in a retaining tank.
The ownership of a lot by one or more persons in which such
ownership is separate and distinct from that of any abutting or adjoining
lot.
Any man-made object having an ascertainable location on or
in land or water, whether or not affixed to the land.
A subdivision as defined in Chapter 178, Subdivision and Land Development, as amended from time to time.
The Township of Dickinson, Cumberland County, Pennsylvania.
[1]
Editor’s Note: See 35 P.S. § 691.1
et seq.
C.
Reference source. 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.
A.
General. The owner of any land, building or structure
within the Township serviced, or to be serviced, by a sewage facility
shall be subject to all of the provisions of this article, except
as specifically exempted herein.
B.
Permits required. A permit shall be obtained from
the Sewage Enforcement Officer in accordance with the Act, regulations
of the Department, this article, and any other applicable authority
prior to the installation or repair of any sewage facility.
A.
General. After the effective date of this article,
no requests for approvals of planning modules for land development
and no revision, exceptions to revision, or supplements to the Official
Plan shall be granted by the Board unless the applicant presents evidence
satisfactory to the Board that each lot to be created contains a suitable
location for the installation of an initial sewage facility and replacement
location, if applicable.
B.
Exception. Land which is to be served by a community
sewage system is exempt, providing that the owner and the Department
have executed a capacity agreement for such system. Any division or
development of land not constituting subdivision or land development,
and which does not increase the EDU demand on an existing sewage facility,
shall be exempt from the requirements of this section.
C.
Procedure. The Sewage Enforcement Officer (SEO) shall
perform or observe all tests required by this article for the location
of a sewage system, and confirm the suitability of the location. The
applicant shall provide a plot plan which identifies the location
of the deep probe, the percolation holes, and the type of, and area
for, the wastewater disposal system approved by the SEO.
A.
General. After the effective date of this article,
a replacement location for an on-lot sewage system shall be required
for all newly created lots which are not serviced or to be serviced
by a community sewage system, where such newly created lot has a marginal
soils structure or other limitation to effective on-lot effluent treatment.
[Amended 4-15-2013 by Ord. No. 2013-04]
B.
Identification. The location of the initial on-lot
sewage system and the replacement location shall be identified on
the final plan.
C.
Notation required. A note shall be added to the final
plan stating that no improvements shall be constructed upon the replacement
location.
D.
Waiver. Upon application, and upon a showing that
none of the conditions exists for which replacement locations are
required under then current regulations of the Department, the Board
may waive the requirements of this section.
A.
Applicability. When it is impossible for an owner
to provide a sewage facility, the Township will consider a request
for the installation of an alternate private sewage facility. No such
facility shall be approved unless it complies with all applicable
federal and state statutes, Township ordinances, all and any regulations
promulgated by any governmental agency having jurisdiction.
B.
Procedure. In the event any alternate private sewage
facility is proposed to serve more than one owner, the applicant for
such facility shall provide an agreement and financial security for
the governance and maintenance of such facility. The agreement and
financial security shall be subject to the approval of the Township
Solicitor, and the amount of the financial security shall be determined
by the Township Engineer. The applicant shall further comply with
all applicable regulations set forth in Title 25 of the Pennsylvania
Administrative Code.
A.
General.
(1)
Commencing
on the effective date of this article, all sewage facilities and alternate
systems shall be accessible at reasonable times for complete inspection
by the Township or its authorized agent. Every owner of an individual
sewage system shall have septage or other solids removed from the
treatment tank at least once every three years unless an inspection
program reveals that the treatment tank is filled, in a longer time
interval, with solids in excess of 1/3 of the liquid depth of the
tank or with scum in excess of 1/3 of the liquid depth of the tank.
In either of the latter events, the longer time interval shall control.
At the time of required pumping, periodic inspection shall be performed
to determine whether or not any system is operating properly. Inspections
shall include the inspection of the septic tank, aerobic tanks, disposal
field, distribution box and any other components of the system.
(2)
As of January 1, 2013, for all septic systems subject to Chapter 159, the three-year cycle provided for in this section shall be based on a calendar year, and the three-year cycle shall be determined for each individual septic system from the date of either the removal of septage or other solids or inspection that revealed that the treatment tank is filled, in a longer time interval, whichever event occurred immediately prior to April 15, 2013.
[Added 4-15-2013 by Ord.
No. 2013-04]
(3)
Commencing on the effective date of this subsection, holding tanks shall be a permitted individual on-lot sewage system within the Township, subject to all Department rules and regulations regarding availability, installation, use, operation, maintenance, and removal, including the provisions contained in this Chapter 159. All holding tanks shall be accessible at reasonable times for complete inspection by the Township or its authorized agent. Every owner of a holding tank shall enter into a contract with a septage pumper/hauler as provided in § 159-12 of this Chapter 159, such contract providing for periodic pumping as required by the Township's Sewage Enforcement Officer as determined by the circumstances of the holding tank, including size, property and use being served. Such periodic pumping schedule shall be subject to change if an inspection program reveals that the holding tank requires more or less, as applicable, frequent pumping. Annual inspections shall be performed to determine whether or not any holding tank is operating properly. Inspections shall include the inspection of the holding tank and any other components of the system. All holding tanks shall be equipped with a warning device to indicate when the tank is filled to 75% of its capacity. Upon a holding tank reaching 75% of its capacity, the warning device shall be designed to create both an audible and visual signal at a location frequented by the homeowner or responsible individual.
[Added 5-6-2019 by Ord.
No. 2019-01]
B.
Frequency. The Township may increase the frequency
of inspection:
(1)
If the system is presently malfunctioning;
(2)
If a regular inspection reveals a malfunctioning system;
(3)
If the system has malfunctioned in the past;
(4)
If frequent tank pumpout is required;
(5)
If the nature of use will significantly increase the
load on the system periodically;
(6)
If the number of people using the system increases;
or
(7)
For any other reason deemed necessary by the Township.
C.
Malfunction defined. The sewage facilities or alternative
system is malfunctioning when it causes pollution to the ground or
surface waters, contamination of private or public drinking water
supplies, nuisance problems, or a hazard to public health. Indications
of malfunctioning systems are evident when, 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.
D.
Maintenance. The Board, or its designated agent, may
require any owner to provide other periodic maintenance which may
include, but is not limited to, surface contouring to divert stormwater
and specific maintenance of system components inclusive of electrical,
mechanical, plumbing, chemical system features, collection and conveyance
piping, pressure lines and manholes, alarm and flow recorder devices,
pumps, disinfection equipment and related safety items. Every owner
shall protect the absorption area from physical damage. Holding tanks
shall be maintained in accordance with all applicable regulations
of the Department.
E.
Compliance. If the owner fails to promptly comply
with the order of the Township, or its authorized agent, and should
such failure result in a public nuisance, the Board shall have the
right to abate such nuisance under the authority of the Second Class
Township Code and to assess the cost of abatement as a lien against
the property.
[Amended 4-15-2013 by Ord. No. 2013-04]
A.
Proof of pumping and/or inspection. Within 30 days
of the date of pumping and/or inspection of the individual sewage
system, the owner shall provide proof of pumping and/or inspection
of the system to the Township. At a minimum, such proof shall contain
the following information:
[Amended 5-6-2019 by Ord. No. 2019-01]
(1)
Date of pumping;
(2)
Name and address of system owner;
(3)
Address of tank location if different than owner’s;
(4)
Description and diagram of location of tank including
location of any markers, risers, and access hatches;
(5)
Size of tank;
(6)
Age of the system (where applicable);
(7)
Last date of pumpout;
(8)
List of any maintenance performed;
(9)
Any indication of system malfunctioning observed;
(10)
Amount of sewage or other solid or semisolid
material removed; and
(11)
Waste hauler’s state license number permitting
him to collect and haul sewage in the Commonwealth of Pennsylvania.
B.
Owner certification. In addition to the provision of the proof of pumping and/or inspection required by § 159-8A, the owner shall concurrently provide to the Township a certification, on the form then in use by the Township, that, to the best of the owner's knowledge, the sewage contains none of the prohibited substances specified in § 159-9B.
A.
General. The Township shall make available to all
existing and new residents a copy of an abstract of the pertinent
information and regulations as outlined by this article. Appropriate
literature and publications discussing the care and maintenance of
septic tanks, waterless toilets and other subsurface waste disposal
systems shall be made available to those residents who utilize such
systems to the knowledge of the Township. Residents shall be encouraged
to minimize water use and to install water saving devices in order
to increase the efficiency and promote the long life of on-lot disposal
system; water conservation measures shall be implemented as directed
by the Township or its Sewage Enforcement Officer. The following criteria
shall be considered as the maximum allowable water usage limits where
a home is to be considered as utilizing water conservation practices:
B.
Permitted and prohibited discharges. No owner shall
permit a flow in excess of the designed capacity to discharge into
a sewage facility. No owner shall permit hazardous substances or chemicals
including, but not limited to, pesticides, disinfectants, acids, paint,
paint thinners, herbicides, or solvents, to be discharged into any
system.
A.
General. Except as provided in Subsection B herein, upon presentation of proper identification, Township employees, agents or officials shall be admitted to any property for the purpose of inspection, observation, sampling, maintenance or rehabilitation of sewage facilities and alternative systems, provided however, that 72 hours’ prior written notice by certified mail shall have been given to the owner.
B.
Emergency procedures. When, in the opinion of an authorized
Township employee, agent or official, there is imminent danger of
a threat to the public health, such person is authorized to order
the owner not to permit further discharge into a sewage facility until
the threat has been removed. In the event of such emergency, no prior
written notice shall be required.
C.
Denial of entry. If entry is refused or not obtained,
the code official is authorized to pursue recourse as provided by
law.
D.
Remedial measures. The Township may require the correction
or alteration of a system in the event that the inspection reveals
a malfunction or inadequacy. The SEO shall provide a written notification
requiring specific remedial action to be completed within a reasonable
period of time as is deemed necessary according to the severity of
the malfunction or inadequacy.
A.
General. The Board shall appoint, by resolution, such
persons as it deems necessary to administer and enforce the provisions
of this article. Such persons, as appointed, shall be deemed to be
the “authorized agents” of the Township as that term is
defined in this article. The procedure for initial and continuing
implementation of this article shall be adopted by resolutions of
the Board from time to time.
B.
The fees to be charged for the administration of this
article shall be the fees then in effect as adopted by resolution,
from time to time, by the Board.
[Amended 6-21-2004 by Ord. No. 2004-3; 5-6-2019 by Ord. No. 2019-01]
Every septage pumper/hauler shall be licensed
by the Department, registered with the Township, and shall, at all
times, comply with the requirements of the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq. No septage pumper/hauler
shall disperse any liquid or solid septage or sewage into or upon
the air, land or waters of the Township without first having provided
written notice of such intention to the Township at least 14 days
prior to the proposed dispersal, which notice shall include copies
of written approvals from the Department and all other governing authorities
for such activity and the terms and conditions imposed by the Department
and other governing authorities.
It shall be unlawful for any person to construct,
maintain, repair, alter, fail to maintain, extend or use any sewage
facility or alternate sewage facility in violation of any of the provisions
of this article, or to fail to obey a lawful order of the Township
or its authorized agent.
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 less than $50 nor 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.
In case of any unlawful acts, the Township’s authorized agent shall institute an appropriate action or proceeding at law to exact the penalty provided in § 159-14. In addition, the authorized agent shall ask the Township Solicitor to proceed at law or in equity against the person or persons responsible for the violation for the purpose of ordering that person:
A.
To restrain, correct or remove the violation or refrain
from any further use of the sewage facility;
B.
To restrain or correct the construction, installation,
maintenance, repair or alteration of a sewage facility or alternate
sewage facility;
C.
To require the removal of work in violation;
D.
To prevent the occupancy or use of any structure that
is serviced by a sewage facility which is not in compliance with the
provisions of this article; or
E.
To institute proceedings to abate a public nuisance
under any lawful authority providing for the abatement of such nuisances
and to assess the cost and related expenses of such abatement as a
lien against the premises.
Nothing in this article shall be construed to
affect any suit or proceeding pending in any court, or any rights
acquired or liability incurred, or any permit issued, or any cause
or causes of action existing prior to the enactment of this article.
To the extent that the regulations adopted herein are inconsistent
with other applicable laws, and applicable rules and regulations of
administrative agencies of the Commonwealth of Pennsylvania, the regulations
adopted herein shall be subject to said state laws, rules and regulations,
only to the extent of the inconsistency. Where the provisions of this
article are less permissive than said state laws, rules and regulations,
the provisions of this article shall apply.
