[Adopted 3-28-2000 by Ord. No. 2000-2]
To protect of the waters and soils in Greene
Township from contamination by untreated sewage wastes, and to protect
the health of all citizens of the Township, the Board of Supervisors
has adopted and will enforce this article within those areas not served
by public or central sewer systems. This article is intended to create
an On-Lot Sewage System Management District and shall be known and
cited as the "Greene Township On-Lot Sewage Systems Management Ordinance."
The purpose of this article is:
A.
To bring and keep Greene Township within the requirements
of the Clean Streams Law (Act of 1937, P.L. 1987, No. 394)[1] and the Pennsylvania Sewage Facilities Act (Act of 1965
P.L. 1535, No. 537, as amended, known as "Act 537").[2] As mandated by the Second Class Township Code and these
state laws, Townships have the power and the duty to provide for adequate
sewage treatment facilities and for the protection of public health
by preventing the discharge of untreated or inadequately treated sewage.
B.
Provide for inspection, pumping, maintenance and rehabilitation
of private and public on-lot sewage disposal systems when determined
necessary by Greene Township, or its authorized agent; to further
permit the Township to intervene in situations which are public nuisances
or hazards to the public health; and to establish penalties and appeal
procedures necessary for the proper administration of a sewage management
program.
C.
Guarantee provisions for environmentally sound disposal
sites for treated and untreated solids and scum from septic tanks;
holding tank wastes; and treated sewage sludge from wastewater treatment
facilities.
The following definitions shall apply for the
various terms throughout this article:
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil. It consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1
through 750.20).
A Township employee, or consultant designated to perform
a specific task for the Greene Township On-Lot Sewage System Management
District. An authorized agent designated to perform a certain duty
shall be familiar with that duty and competent to perform the duty.
Depending on the duty, he may also need to be certified and/or licensed
as a Sewage Enforcement Officer in the Commonwealth of Pennsylvania.
Piping carrying liquid wastes from a building to the treatment
tank or holding tank.
The Clean Streams Law (35 P.S. §§ 691.1 through
691.1001).
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A tank whether permanent or temporary, to which sewage is
conveyed by a water-carrying 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 waters of this commonwealth or by means of conveyance
to another site for final disposal.
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
A seasonal high water table, whether perched
or regional, determined by direct observation of the water table or
indicated by soil mottling.
A rock with open joints, fracture or solution
channels, or masses of loose rock fragments, including gravel, with
insufficient fine soil to fill the voids between the fragments.
A rock formation, other stratum or soil condition
which is so slowly permeable that it effectively limits downward passage
of effluent.
The Greene Township Board of Supervisors.
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 should not be further subdivided. Whenever a lot
is used for a multiple-family dwelling or for commercial, institutional
or industrial purposes, the lot shall be deemed to have been subdivided
into an equivalent number of dwelling units as determined by estimated
sewage flows.
A comprehensive plan for the provision of adequate sewage
facilities, adopted by the Greene Township Board of Supervisors possessing
authority or jurisdiction over the provisions of these facilities
and submitted to and approved by the Department as provided by the
Act, and this article.
A change in the Township's Official Plan to provide for additional
or newly identified or existing sewage facilities needs, which may
include but not be limited to:
UPDATE REVISIONA comprehensive revision to an existing Official Plan required when the Department or Township determines the Official Plan or its parts is inadequate for the existing or future sewage facilities needs of a Township or its residents or landowners.
REVISION FOR NEW LAND DEVELOPMENTA revision to a Township's Official Plan resulting from a proposed subdivision as defined in the Act.
SPECIAL STUDYA study, survey, investigation, inquiry, research, report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
An individual, association, public or private corporation
for-profit or not-for-profit, partnership, trust, estate, department
board, bureau or agency of the United States, commonwealth, political
subdivision, municipal district, authority or another 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 municipality, public or private
corporation for-profit or not-for-profit.
A tank designed to receive sewage where water under pressure
is not available.
A structure occupied or intended to be occupied by not more
than two families on a tract of 10 acres or more.
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances being harmful or inimical to the
public health, or the animal or aquatic life, or to the use of water
for domestic water supply or for recreation, or which constitutes
pollution under the Clean Stream Law.
The official of the local agency who issues permits, reviews
permit applications and sewage facilities planning modules and conducts
investigations and inspections necessary to implement the Act and
the 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.
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.
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 a retaining tank.
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.
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 subsurface soil absorption area or retaining tank.
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.
A program authorized by the official actions of the Greene
Township Board of Supervisors for the administration, management and
regulation of the disposal of sewage.
A layer of soil approximately parallel to the soil surface,
the chemical and physical characteristics of which are distinguishable
by observation or other method of analysis from the chemical and physical
characteristics in adjacent layers of soil.
The collection of soil horizons, including the natural organic
layers on the surface.
The division or redivision of a lot tract or other parcel
of land into two or more lots, tracts, parcels or other division of
land, including changes in existing lot lines. The enumerating of
lots shall include as a lot that portion of the original tract remaining
after other lots have been subdivided therefrom.
Greene Township, Franklin County, Pennsylvania.
Soil or soil profile, unaltered by addition-filling, removal
or other man-induced changes other than agricultural activities for
a minimum of four years prior to testing.
Rivers, streams, creeks, rivulets, impoundment, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs and
other bodies or channels of conveyance of surface and underground
water, or of their parts, whether natural or artificial, within or
on the boundaries of this commonwealth.
The provisions of this article shall apply to
every person owning property serviced by an on-lot sewage disposal
system within Greene Township; all persons or businesses servicing
such systems (constructing on-lot systems, pumping out septic tanks,
repairing on-lot systems); wastewater treatment authorities and other
generators of solid wastes that may be land applied for agricultural
utilization or land reclamation and owners of land application sites
accepting sludge, septage, biosolids or other solid wastes used in
a beneficial way.
A.
No person shall install, construct or request bid
proposals for construction or alter any individual sewage system or
community sewage system or construct or request bid proposals for
construction or install or occupy any building or structure for which
an individual sewage system or community sewage system is to be installed
without first obtaining a permit indicating that the site and the
plans and specifications are in compliance with the provisions of
the Pennsylvania Sewage Facilities Act (Act 537) and the standards
adopted pursuant to that Act. Application for permit shall be in writing
to the local agency in accordance with the provisions of Section 8
of Act 537 and shall be made in such form and shall include such data
as the Department may prescribe. There will be no exemption for a
subdivision or development of 10 or more acres.
B.
No system or structure designed to provide individual
or community sewage disposal shall be covered from view until approval
to cover the same has been given by the Greene Township Sewage Enforcement
Officer (SEO). If 72 hours have elapsed, except for Sundays and holidays,
since the SEO issuing the permit received notification of completion
of construction, the applicant may cover said system or structure
unless permission has been refused by the SEO.
C.
Permits for individual sewage systems or community
sewage systems shall not be issued unless the proposed system is consistent
with the adopted Official Plan.
D.
Applicants for sewage permits shall notify the Township's
SEO of the schedule for construction of the permitted on-lot sewage
disposal system so that inspection(s), in addition to the final clearance
required by Act 537, may be scheduled and performed by the Township's
SEO at the cost of the applicant.
E.
No land use permit, nor any building or occupancy
permit shall be issued by Greene Township or its authorized agent
for a new building which will contain sewage facilities until a valid
sewage permit has been obtained from the Township’s SEO. This
would include any subdivision or development of 10 or more acres
[Amended 7-27-2010 by Ord. No. 2010-3]
F.
No land use permit nor any building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure until the structure’s owner receives from the SEO either a permit for alteration or replacement of the existing sewage disposal system or written notification that such permit will not be required. In accordance with Chapter 73 regulations, the SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
[Amended 7-27-2010 by Ord. No. 2010-3]
G.
Sewage permits may be issued only by a certified SEO
employed by the Township for that express purpose.
H.
If the owner of record has owned and subdivided or
developed the lot prior to May 15, 1972, no sewage permit may be issued
unless proof is provided that the official Act 537 plan has previously
addressed the lot in question or a planning module for that lot has
been approved by the Township and the Department, as well as that
the Act 537 planning for that lot has been approved by Greene Township.
I.
No final plan approval on a subdivision or land development
(according to the Pennsylvania Township Municipalities Code Act of
1968 P.L. 805, No. 247, as reenacted and amended) may be given until
Act 537 planning is approved by the Township and the Department.
Any person who shall install new or rehabilitated sewage systems shall provide a marker or markers at ground level locating the septic tank, dosing tank, equalization (distribution) box, absorption area and other important items which may be needed in case future maintenance, inspection or rehabilitation is required. Requirements for marker types and locations will be determined by the sewage system designer and approved by the SEO. Other requirements for sewage system construction, contained within Chapter 73 of the Pennsylvania Code, shall be followed as well.
A.
Requirements.
(1)
After the effective date of this article, a replacement area for an individual on-lot sewage system shall be required for all lots to be created which are not serviced or to be serviced by a public or central sewerage system or did not previously have a permit issued for installation of an on-lot sewage disposal system. Lots existing prior to the effective date of this article and on which a suitable replacement area cannot be sited because of space limitations shall be exempt from the requirements of this section, provided that they meet the proof factors for relief in Subsection D below.
(2)
The replacement area provided shall comply with the
regulations issued by the Department as incorporated into this article
concerning individual on-lot sewage systems, including isolation distances
and soils testing for slope, probe and percolation, and with terms
of this chapter and any other applicable Township ordinances.
B.
Identification of replacement areas.
(1)
Each applicant for an individual on-lot sewage system shall demonstrate to the satisfaction of the SEO that a suitable area exists on each lot to be created for the primary sewage system and for the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section. All testing itemized in Subsection A(2) is required for replacement areas.
(2)
The location of the initial individual on-lot sewage
system and the replacement area as confirmed by the SEO shall be identified
on the plans and diagrams submitted as part of the permit application.
(3)
If the application has been submitted as a part of
an application for subdivision or land development approval or as
part of a request that the Township approve a planning module or amend
its Official Plan, or a request for an exemption to the revision of
the Official Plan, the location of each initial on-lot sewage system
and each replacement area shall be noted upon the plans stating that
no improvements shall be constructed thereon, and the deed to be recorded
for each lot created as part of the subdivision or land development
shall contain language reflecting this limitation.
(4)
Any revisions to a permit or plan affecting a replacement
area which has been approved pursuant to the provisions of this article
shall be reviewed for approval by the Township and the SEO.
C.
Construction restrictions.
(1)
The easement for the replacement area noted upon the
plan and recorded with the County Recorder of Deeds shall state that
no permanent or temporary improvements of any character, other than
shallow-rooted plant matter, shall be constructed on the replacement
area.
(2)
The easement against construction in the replacement
area shall be enforced by the Township, by injunction or otherwise,
unless the landowner demonstrates that an alternate replacement area
exists on the lot. A revision to the original subdivision or land
development plan shall be submitted for review and approval by the
Township showing the alternate replacement area. The approval of the
Township of such revision shall act as a release of the easement as
to the original replacement area and an encumbrance of the alternate
replacement area.
D.
Relief from replacement area requirements.
(1)
If any lot held in single and separate ownership with
an approved individual on-lot sewage system, as of the effective date
of this article, does not contain land suitable for a replacement
area, the applicant may request that the Township grant an exception
to the requirement of providing a replacement area. The applicant
for such an exemption shall present credible evidence demonstrating
proof that the lot was held in single and separate ownership on the
effective date of this article; the size of the lot; inability of
the applicant to acquire adjacent land or the unsuitability of adjacent
land which might be able to be acquired; and the testing conducted
to determine that the lot is not suitable to provide a replacement
area.
(2)
At all times, the burden to present credible evidence
and the burden of persuasion shall be upon the applicant for an exemption
from the terms of this section.
A.
Any on-lot sewage system may be inspected by the Township's
SEO at any reasonable time as of the effective date of this article,
provided that one or more of the following exists: sufficient evidence
of a potential health or safety risk has been obtained from a reliable
informant; a signed complaint has been submitted by a resident of
the Township; if directed to do so by the Board of Supervisors or
if directed to do so by the Department.
B.
Inspections may include, but are not limited to, a
physical tour of the premises served by an on-lot system, taking samples
from surface water, water wells or other groundwater sources, sampling
the contents of the sewage system itself and introducing traceable
substances into the interior plumbing of the structure served to ascertain
the path and ultimate destination of the wastewater from the structure
served. Landowners and residents shall be deemed to have consented
to such inspections by their continued use of their existing on-lot
sewage system after the effective date of this article. Prior notice
to both the landowner and resident shall be attempted if reasonably
possible. Notice to one landowner and one adult resident, if multiple
owners and residents exist, shall be sufficient notice as to all.
Upon completion of an inspection, a report to the Supervisors shall
be prepared and copies provided to the landowner and resident. The
report shall include as much of the following information as is available
at the time of its preparation:
(1)
Date of inspection;
(2)
Name and address of system owner;
(3)
Description and diagram of system location, including
location of access hatches, risers and markers;
(4)
Size of tanks and absorption fields;
(5)
Current occupant's name and number of users;
(6)
Description of any system malfunctions observed;
(7)
Results of any soil and water tests performed; and
(8)
Remedial actions required to correct malfunctions.
C.
The Township's SEO shall have the right to enter upon
land for the purposes of inspection described above. In the event
that access to inspect the property is denied, or if no responsible
resident/owner over the age of 18 is present and a serious health
or safety risk is thought to exist, the following steps shall be taken:
(1)
The matter will be officially presented, in writing,
to the Township Supervisors.
(2)
The Township Supervisors may schedule a review at
the next scheduled meeting of the Greene Township Board of Supervisors
or, if the situation threatens the health and safety of the residents
of the Township, the Board of Supervisors may commence an immediate
procedure to obtain a search warrant from the District Justice.
(3)
Upon receipt of a search warrant to inspect the property,
the authorized agent of the Township shall be accompanied by the Township's
SEO. An inspection shall be completed in accordance with this subsection.
D.
A schedule of routine inspections may be established
by the Township, if necessary, to assure the proper functioning of
the on-lot sewage systems in the Township.
E.
The Township's SEO shall inspect systems known to
be, or alleged to be, malfunctioning. Should said inspection reveal
that a system is malfunctioning, the local agency shall take action
to require the property owner to correct the malfunction.
Only normal domestic wastewater shall be discharged
into any on-lot sewage system. The following shall not be discharged
into such system:
A.
Pumping of tank.
(1)
Any person owning a building served by an on-lot sewage
disposal system shall have the septic tank pumped by a licensed pumper/hauler
after the effective date of this article based on the following schedule:
B.
Removal of septage or other solids from treatment
tanks shall be performed once every three years or whenever an inspection
reveals the treatment tanks are filled with solids in excess of 1/3
of the liquid depth of the tank or filled with scum in excess of 1/3
of the liquid depth of the tank. Any person providing a receipt or
other written evidence showing that their tank had been pumped or
installed within two years of the effective date of this article may
ask the Township to delay that person's initial required pumping to
conform to the general three-year frequency requirement.
C.
The Township may allow septic tanks to be pumped out
at less frequent intervals when the owner can demonstrate to the Township
that the system can operate properly without the need of pumping for
a period longer than three years, but in no case shall such period
extend beyond six years. Such a request may be made at any time and
must be in writing, with all supporting documents attached. The Township,
in making its determination, shall take into account the information
submitted by the applicant, the sewage facility permit issued by the
SEO upon installation, repair or rehabilitation of the system and
supporting documentation, reports of inspection and maintenance of
the system and other relevant information and may conduct an on-site
inspection. The applicant shall bear the cost of any inspection, surface
or subsurface, as well as soil or wastes sampling conducted for the
purposes of evaluating the request. The applicant shall receive a
decision within 60 days of accumulation of all necessary information
by the Township.
D.
The required pumping frequency may increase at the
discretion of the Township for any of the following reasons:
(1)
If the septic tank is undersized;
(2)
If solids buildup in the tank is above average;
(3)
If the hydraulic load on the system increases significantly
above average;
(4)
If a garbage grinder is used in the building; or
(5)
If the system malfunctions or for other good cause
shown (as determined by the SEO and the Board of Supervisors).
E.
Pumper's report/receipt.
(1)
Each time a septic tank or other subsurface waste
disposal system tank is pumped, the licensed pumper/hauler who provides
the service shall submit to the owner of the on-lot sewage disposal
system, and the Township, a signed pumper's report/receipt containing
at the minimum the following information:
(a)
Date of pumping.
(b)
Name and address of system owner.
(c)
Address on-lot system, if different from owner's.
(d)
Description and diagram of the location of the
tank including the location of any markers, risers, access hatches
and size of treatment tank(s).
(e)
Condition of treatment tank baffles.
(f)
Date the system was installed (estimate if necessary).
(g)
Date of last pump-out.
(h)
List of any other maintenance performed.
(i)
Any indications of systems malfunction observed.
(j)
Amount of septage or other semisolid or solid
material removed.
(k)
List of recommendations for repair or maintenance.
(l)
Destination of the septage (name of facility,
location of land application site).
(2)
A copy(ies) of the pumper's report/receipt must be
received at the Township Office of the Greene Township Secretary within
30 days of the date of pumping.
F.
Any person owning a building served by an alternative
system or on-lot sewage disposal system which contains an aerobic
treatment tank shall follow the specifications and maintenance recommendations
of the equipment manufacturer. A copy of the manufacturer's recommendations
and a copy of the service agreement shall be submitted to the municipality
within six months of the effective date of this article. Thereafter,
service receipts shall be submitted to the Township at the intervals
specified by the manufacturer's recommendations. In no case may the
service or pumping intervals exceed those required for septic treatment
tanks.
G.
Any person owning a building served by a cesspool,
dry well or pit privy shall have that system pumped once every three
years. If such a system serves a building which also uses unmonitored
ground or surface water, it is recommended that the water supply be
tested by a state-certified laboratory on a regular basis. Buildings
utilizing such a system that are not in compliance with Act 537 regulations
will replace or rehabilitate the nonconforming system with an acceptable
system.
H.
Privately owned wastewater treatment facilities shall
follow the terms of its NPDES permit and all specifications and maintenance
requirements and recommendations of the equipment manufactures.
A.
No person shall operate and maintain an on-lot sewage
disposal system in such a manner that it malfunctions. All liquid
wastes, including kitchen and laundry wastes and water softener backwash,
shall be discharged to a treatment tank. No sewage system shall discharge
untreated or partially treated sewage to the surface of the ground
or into the waters of the Commonwealth of Pennsylvania unless a permit
to discharge has been obtained from the Department and verified by
the Township.
B.
The Township shall issue a written notice of violation
to any person who is the owner of a property in the Township which
is found to be served by a malfunctioning on-lot sewage disposal system
or which is discharging raw or partially treated sewage without a
permit.
C.
Within seven days of notification by the Township
that a malfunction has been identified, the owner shall make application
to the SEO for a permit to repair or replace the malfunctioning system.
Within 30 days upon receiving the notification by the Township, construction
of the permitted repair or replacement shall commence. Within 60 days
of the original notification by the Township, the construction shall
be completed unless seasonal or unique conditions mandate a longer
period, in which case the Township shall set an extended completion
date.
D.
The SEO shall have the authority to require the repair
of any malfunction by the following methods:
(1)
Cleaning, repair or replacement of components of the
existing system;
(2)
Adding capacity or otherwise altering or replacing
the existing systems treatment tank;
(3)
Expanding the existing disposal area;
(4)
Replacing the existing disposal area;
(5)
Replacing a gravity distribution system with a pressurized
system;
(6)
Replacing the system with a holding tank; and
(7)
Other alternatives as appropriate for the specific
site or building.
E.
In lieu of, or in combination with, the remedies described
above, the SEO may require the installation of water conservation
equipment and the institution of water conservation practices in structures
served. Water-using devices and appliances in the structure may be
required to be retrofitted with water-saving appurtenances or they
may be required to be replaced by water-conserving devices and appliances.
Wastewater generation in the structure may also be reduced by requiring
changes in water usage patterns in the building being served.
F.
In the event that the aforementioned rehabilitation
measures are not feasible, or do not prove effective remedial operation,
the Township may require the owner of the on-lot sewage system to
apply for a permit to construct a holding tank(s) in accordance with
the Township's ordinance dealing with use of holding tanks. Upon receipt
of said permit, the owner shall complete construction of the system
within 30 days.
G.
Should none of the remedies described previously prove
to be totally effective in eliminating the malfunction of an existing
on-lot sewage disposal system, the owner is not absolved of responsibility
for that malfunction. The Township may require whatever action is
necessary to lessen or mitigate the malfunction to the extent it feels
necessary.
The Township, upon written notice from the SEO
that an imminent health hazard exists due to failure to maintain,
repair or replace an on-lot sewage 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 SEO. The owner of the on-lot
sewage system shall be charged for the work performed, and, if necessary,
a lien shall be entered against this property therefore in accordance
with law.
A.
All septage pumper/haulers operating within the limits
of Greene Township shall be licensed with the Township and shall comply
with reporting requirements established by the Township. Prior to
the issuance of a license by the Township, the applicant shall submit
written proof that the applicant has appropriate approval from the
Pennsylvania Department of Environmental Protection and, if applicable,
the Maryland Department of Environmental Protection to dispose of
the septage.
B.
All septage originating within this On-Lot Sewage
System Management District shall be disposed of at sites or facilities
approved by the Pennsylvania Department of Environmental Protection
or the Maryland Department of Environmental Protection. Approved sites
or facilities shall include the following:
C.
Septage pumper/haulers operating within Greene Township
shall operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
through 6018.1003). If any pumper/hauler shall have been convicted
of any violation of this article, including the failure to submit
the required pumping receipts, the local agency shall have the power
to suspend said pumper/hauler from operating within the Township.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purpose of
this article.
B.
The Township shall employ qualified individuals to
carry out the provisions of this article in accordance with the regulations
contained in Chapter 72 of the Pennsylvania Code, Section 42. It may
also contract with private qualified persons or firms as necessary
to carry out the provisions of this article.
C.
All permits, records, files and other written material
relating to the installation, operation and maintenance and malfunction
of on-lot sewage systems shall become the property of the local agency.
Existing and future records shall be available for public inspection
during required business hours at the Greene Township office. All
records pertaining to sewage permits, land use permits, building permits,
occupancy permits, and all other aspects of the Township’s On-Lot
Sewage System Management District Program shall be made available,
upon request, for inspection by a representative of the Department.
[Amended 7-27-2010 by Ord. No. 2010-3]
D.
The Township shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Township shall establish by resolution a fee schedule,
and subsequently collect fees, to cover the cost to the Township of
administering this program.
A.
Appeals from decisions of the Township or its authorized
agent, under this article, shall be made to the Greene Township Board
of Supervisors, in writing, within 30 days from the date of the decision
in question. All appeals shall be in accordance with Chapter 72, Sections
26, 27 and 28 of Title 25 of the Pennsylvania Code, which deal with
denial, expiration, transfer or revocation of permits.
B.
The appellant shall be entitled to a hearing before
the Board of Supervisors at its next regularly scheduled Board meeting.
If the appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the subsequent meeting. The
Township shall thereafter affirm, modify, or reverse the aforesaid
decision. The hearing may be postponed for good cause shown by the
appellant or the Township. Additional evidence may be introduced at
the hearing, provided that it is submitted with the written notice
of appeal.
C.
A decision by the Board of Supervisors shall be rendered,
in writing within 45 days of the date of the conclusion of the hearing.
If decision is to approve, any terms and conditions shall be specified.
If decision is to deny, reasons shall be provided therein. If a decision
is not rendered within 45 days, the relief sought by the appellant
shall be deemed denied by default.
A.
Any person who violates or permits a violation of
this article shall, upon conviction in a summary proceeding brought
before a District Magistrate under the Pennsylvania Rules of Criminal
Procedure, be guilty of 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.
[Amended 7-12-2011 by Ord. No. 2011-3]
B.
The remedies set forth herein are not exclusive, and
the Township may elect to pursue such other statutory or common law
remedies as may be available to it, in addition to the remedies available
under the provisions of this article.
