The words and phrases used in this article shall
have the meanings ascribed to them below. Any term not defined herein
shall have the meaning attributed to it under the Sewage Facilities
Act and the regulations promulgated pursuant to it.
ACT
The Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.).
AUTHORIZED AGENT
A sewage enforcement officer, employee of the Township, professional
engineer, plumbing inspector, or any other qualified or licensed person
who is authorized to function as an agent of the Township to administer
or enforce the provisions of this article.
BOARD
The Board of Supervisors, Franklin Township, Adams County,
Pennsylvania.
CLEAN STREAMS LAW
An Act of the Pennsylvania Legislature found in 35 P.S. §§ 691.1-691.1001.
DEPARTMENT ("DEP")
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
LOT
A part of the subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided.
MALFUNCTION
A 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 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.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection pursuant to the Pennsylvania
Sewage Facilities Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of domestic sewage involving treatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes 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, 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 public or private corporation for
profit or not for profit.
PRIVY
A tank designed to receive sewage where water under pressure
is not available.
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. The term includes
any substance that constitutes pollution under the Act of June 22,
1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," as amended.
See 35 P.S. § 691.1 et seq.
SEWAGE ENFORCEMENT OFFICER (SEO)
An official of the local agency who reviews permit applications
and sewage facilities planning modules, issues permits as authorized
by the Act and conducts investigations and inspections that are necessary
to implement the Act and the regulations thereunder.
SEWAGE FACILITIES
A method 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 wastes.
A.
INDIVIDUAL SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
(1)
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or retaining tank.
(2)
INDIVIDUAL SEWERAGE SYSTEMAn individual sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a subsurface absorption area or retention in a retaining tank.
B.
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.
(1)
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 subsurface soil absorption area or retaining tank.
(2)
COMMUNITY SEWERAGE SYSTEMA community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area or retention in a retaining tank.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in the official
sewage facilities plan or on a map adopted by the Board as an area
for which a sewage management program is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this article.
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.
TOWNSHIP
The Township of Franklin, Adams County, Pennsylvania.
WATERS OF THIS COMMONWEALTH
The rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs, and
other bodies or channels of conveyance of surface and underground
water, or their parts, whether natural or artificial, within or on
the boundaries of this commonwealth.
This article shall apply, pursuant to the schedule
provided hereafter, to sewage management districts as identified in
the Franklin Township Official Sewage Facilities Plan (sometimes referred
to as the "537 Plan"), or by such other designation of districts as
may be adopted from time to time by the Board of Supervisors. A copy
of a map identifying the boundaries of the various sewage management
districts shall be available in the Township Office during normal
business hours.
This article is a regulatory scheme for the
protection of health, public safety, and water pollution and shall
be enforceable pursuant to the Second Class Township Code. Any person
who is convicted of violating this article by a magisterial district
judge shall be sentenced to pay a fine of up to $1,000 for each offense.
Each day of violation shall be deemed to be a separate offense.