[Adopted 7-19-2005 by Ord. No. 254[1]]
[1]
Editor's Note: Ordinance No. 254 provided for the repeal of former Art. I, Sewer Regulations for Orchard Terrace Sewer District, adopted 6-18-1968 by Ord. No. 35; Art. II, Holding Tanks, adopted 10-3-1972 by Ord. No. 48; Art. III, Private Sewage Disposal Systems, adopted 10-2-1979 by Ord. No. 78; and Art. IV, Sewer Use and Connections, adopted 11-5-1986 by Ord. No. 96. It also provided for the renumbering of former Art. V as Art. II, resulting in the renumbering of former §§ 140-32 through 140-41 as §§ 140-10 through 140-19.
As used in this chapter, the following terms
shall have the meanings indicated:
A sewage system employing a treatment system and for disposal by either subsurface absorption, or spray and stream discharge as provided for in Chapter 73 of Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, which are incorporated herein by reference.
The Limerick Township Municipal Authority, a municipality
authority incorporated pursuant to provisions of the Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended
and supplemented, of the commonwealth.[1]
The extension from the wastewater drainage system of any
improved property to the point of connection with the lateral portion
of the sewage system, directly to the sewage system or alternate system
serving the improved property. This shall include a pressure line
associated with a property owner installed and owned grinder pump
system.
The Commonwealth of Pennsylvania.
That person designated, from time to time, by the Township
and the Authority to perform certain activities with respect to the
sewer system, as provided herein.
The unit of measure by which the sewer rates and connection
charges shall be imposed upon each improved property, as determined
in this resolution or in any subsequent resolution of the Township,[2] which shall be deemed to constitute the estimated, equivalent
amount of domestic sanitary sewage discharge by a single-family dwelling
unit.
[Added 8-14-2008 by Ord. No. 299]
A measure calculated at the rate of 230 gpd per EDU.
[Added 8-14-2008 by Ord. No. 299]
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. "Holding tanks" include but are not limited
to the following:
CHEMICAL TOILETA toilet using chemicals that discharges to a holding tank.
RETENTION TANKA holding tank where sewage is conveyed to it by a water-carrying system.
VAULT PIT PRIVYA holding tank designed to receive sewage where water under pressure is not available.
Any property 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 domestic sanitary sewage and/or
industrial waste shall be discharged, which is located within the
area to be serviced by the sewer system and subject to being connected
to the sewer system.
[Amended 8-14-2008 by Ord. No. 299]
The fee which the Township may charge to the property owner
if the Township inspects and tests the sewer line from the property
line to the structure to be served.
[Added 8-14-2008 by Ord. No. 299]
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 the commonwealth.
Any improved property located within the Township that discharges
industrial wastes directly or indirectly into the sewage system or
alternate system serving the improved property.
Any solid, liquid, gaseous or radioactive substance or form
of energy rejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sewage, including
such groundwater, surface water or stormwater as may be present.
That part of the sewage system extending from a sewer to
the curbline or, if no curbline exists, to the property line to connect
the building wastewater system, including pressure line associated
with a property owner installed and owned grinder pump system serving
an improved property. If there shall be no improved property, the
"lateral" shall mean the part of the sewage system extending from
the sewer to a point of future connection to the building wastewater
system, if and when said property is improved.
Limerick Township.
Any individual or any other form of legal entity whatsoever
organized by law with ownership, legal or equitable, sole or partial,
of any property, improved or unimproved, located in the Township.
Whenever used in any clause prescribing and imposing a fine or imprisonment,
the term "owner" shall include the members of an association, partnership
or firm and the officers of any corporation, public private, or municipal.
A written permit issued by the Sewage Enforcement Officer,
permitting the construction of an individual sewage disposal system
under this article, issued in accordance with the requirements and
regulations provided under this article.
Any individual, partnership, company, association, society,
trust, corporation, municipality, municipality authority or other
group or entity.
A privy vault, cesspool, sinkhole, septic tank or similar
receptacle, or alternate system.
A structure occupied or intended to be occupied by not more
than two families on a tract of land of 10 acres or more.
Human excrement and gray water (toilets, household showers,
dishwashers, washing machines, etc.)
All facilities, as of any particular time, for collecting,
pumping, transporting, treating and disposing of sewage and industrial
wastes, situate in or adjacent to this Township and owned, maintained,
operated and/or leased by agreement by the Authority.
Any sewer, pipe, conduit or pumping system constituting a
part of the sewer system issued or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
pumping, transmitting, treating and disposing of sanitary sewage situate
in or adjacent to this Township, and owned by the Township.
[Added 8-14-2008 by Ord. No. 299]
Includes any street, road, land, court, cul-de-sac, alley,
public way or public square.
That fee which the Township may charge, pursuant to and in
accordance with Section 67502 of the Code and the provisions of Act
57 of 2003, as amended,[3] and which fee is based upon the various components identified
in a report available at the Township office.
[Added 8-14-2008 by Ord. No. 299]
The Township of Limerick, Montgomery County, Pennsylvania,
a township of the second class of the commonwealth, acting by and
through its Board of Supervisors or, in appropriate cases, acting
by and through its authorized representative.
Liquid and water-carried industrial wastes and sewage from
residential-type dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated.
A.
The owner of any improved property accessible to and
whose principal building is within 150 feet from the sewerage system
shall connect all buildings or structures discharging wastewater and/or
industrial wastes to the sewerage system within 60 days after notice
to make such connection. Such connection shall be made for the purpose
of discharging all wastewater and industrial wastes from such improved
property into the sewerage system and shall be made in accordance
with the regulations established by the Township and/or the Authority.
B.
After connection of the property to the sewerage system
has been made, all wastewater and industrial wastes from the property
shall be conducted into the sewerage system, subject to such limitations
and restrictions as shall be established herein or otherwise shall
be established by the Township or the Authority.
A.
No private wastewater system shall be used and maintained
at any time upon any property which has been connected to a sewer
or which is required to be connected to a sewer. Every such private
wastewater system in existence shall be disabled and abandoned, cleansed
and/or filled in accordance with applicable Township regulations.
Any such private wastewater system which is not disabled, abandoned,
etc., shall constitute a nuisance, and such nuisance may be abated
as provided by law, at the expense of the owner of such improved property.
Septic tanks may, by special request to the Board of Supervisors,
be used for the discharge of stormwater and cellar waste waters.
B.
No private wastewater system shall be connected with
a sewerage system.
C.
No person shall place or deposit, or permit to be placed or deposited, upon public or private property within this Township, any wastewater or industrial wastes in violation of Subsection A. No person shall discharge or permit to be discharged to any natural outlet within this Township any wastewater or industrial wastes in violation of Subsection A, except where suitable treatment has been provided in accordance with limitations and restrictions as shall be established by the Township and the Authority.
A.
The notice by the Township to make a connection to a sewer, referred to in § 140-2A, shall consist of a copy of this article, including any amendments at the time in effect, and a written or printed document requiring the connection. Notice may be given at any time after a sewer is in place and operational to service the property.
B.
If the owner of any improved property shall fail to
connect such improved property within 60 days following receipt of
notice to connect, the Township and/or the Authority may enter upon
such improved property and construct such connection and may collect
from such owner the costs and expenses thereof in the manner permitted
by law.
A.
Where an improved property, at the time connection
to a sewer is required, shall be served by a private sewerage system,
the existing sewer line shall be broken on the structure side of such
system and attachment shall be made, with proper fittings, to continue
such sewer line as a building wastewater system.
B.
No building wastewater system shall be covered until
it has been inspected and approved by the Township and/or the Authority.
If any part of a building wastewater system is covered before so being
inspected and approved, it shall be uncovered for inspection at the
cost and expense of the owner of the property to be connected to a
sewer.
C.
Every building wastewater system shall be maintained
in a sanitary and safe operating condition by the owner thereof.
D.
Every excavation for the construction of a building
wastewater system shall be guarded adequately with barricades and
lights to protect all persons from damage and injury. Streets, sidewalks
and other public property disturbed in the course of installation
of a building wastewater system shall be restored to Township specifications
at the cost and expense of the owner of the property.
E.
In the event the Township or the Authority determines
that a building wastewater system is in an unsafe or unsatisfactory
condition, notice to correct such condition shall be given to the
owner of the property. If, after receipt of such notice, the owner
shall fail or refuse to remedy such condition within 60 days of receipt
of such notice, the Township or the Authority may refuse to permit
such person to discharge wastewater and industrial wastes into the
sewerage system until such unsatisfactory condition shall have been
remedied to the satisfaction of the Township and the Authority.
F.
The Township and the Authority reserve the right to
adopt additional rules and regulations as is deemed necessary and
proper relating for the connection to and use of the sewer and the
sewerage system. Such additional rules and regulations shall be construed
as part of this article.
A.
No person shall uncover, shall connect with, shall
make any opening into or shall use, shall alter or shall disturb,
in any manner, any sewer or any part of the sewerage system without
first obtaining a permit, in writing, from the Authority.
B.
Application for a permit required under Subsection A above shall be made by the owner or the duly authorized agent of such owner of the improved property served or to be served to the Enforcement Officer.
C.
No person shall make or shall cause to be made a connection
of any improved property with a sewer until such person shall have
fulfilled each of the following conditions:
(1)
Such person shall have notified the Enforcement Officer
of the desire and intention of such person to connect such improved
property to a sewer.
(2)
Such person shall have applied for and shall have obtained a permit as required by Subsection A.
(3)
Such person shall have given the Enforcement Officer
at least 48 hours' notice of the time when such connection will be
made so that the Enforcement Officer may supervise and inspect or
may cause to be supervised and inspected the work of connection and
necessary testing.
(4)
If applicable, such person shall have furnished satisfactory
evidence to the Enforcement Officer that any and all tapping fees,
connection charges, user charges and other fees and charges which
have been or may be charged to or imposed upon such person, either
by resolution of the Township or Authority or by written agreement
between such person and the Township or Authority, have been paid
in full.
D.
Except as otherwise provided in this subsection, each
improved property shall be connected separately and independently
with a sewer through a building wastewater system. Grouping of more
than one improved property on one building wastewater system shall
not be permitted, except under special circumstances and for good
sanitary reasons or other good cause shown, but then only after special
permission of the Authority, in writing, shall have been secured and
only subject to such rules, regulations and conditions as may be prescribed
by the Authority.
E.
All costs and expenses of construction of a building
wastewater system and all costs and expenses of connection of a building
wastewater system to a sewerage system shall be borne by the owner
of the improved property to be connected, and such owner shall indemnify
and shall save harmless the Township and the Authority from all loss
or damage that may be occasioned, directly or indirectly, as a result
of construction of a building wastewater system or of connection of
a building wastewater system to a sewer, including said lateral where
none exits.
F.
A building wastewater system shall be connected to
a sewer at the place designated by the Enforcement Officer and where,
if applicable, the lateral is provided. The invert of a building wastewater
system at the point of connection shall be at the same or a higher
elevation than the invert of the sewer. A smooth, neat joint shall
be made, and the connection of a building wastewater system to the
lateral shall be made secure and watertight.
A.
Authority to regulate. Holding tanks for residential,
commercial and industrial purposes shall be subject to approval by
the Pennsylvania Department of Environmental Protection. The Township
is hereby authorized and empowered to undertake within the Township
the control and methods of holding-tank wastewater disposal and the
collection and transportation thereof.
B.
Additional rules and regulations. The Authority is
hereby authorized and empowered to adopt such rules and regulations
concerning wastewater which it may deem necessary from time to time
to affect the purposes herein. All such rules and regulations adopted
by the Authority shall be in conformity with the provisions herein,
all other ordinances of the Township and all applicable laws and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.
C.
Right of inspection; charges. The Township shall have
the right and power to establish the time and manner of inspection
of the holding tanks. Such inspections shall be made not less than
three times a year. The Township shall have the right and power to
fix, charge and collect charges for the inspection of holding tanks.
D.
Authority to regulate collection and disposal of contents.
The collection and transportation of all wastewater from any improved
property utilizing a holding tank shall be done under the direction
and control of the Township, and the disposal thereof shall be made
only at such site or sites as may be approved by the Department of
Environmental Protection of the Commonwealth of Pennsylvania.
E.
Duties of property owner. The owner of an improved
property that utilizes a holding tank shall:
(1)
Maintain the holding tank in conformance with this
article or any ordinance of this Township, the provision of any applicable
law and the rules and regulations of the Authority and any administrative
agency of the Commonwealth of Pennsylvania.
(2)
Permit only those approved by the Township to collect,
transport and dispose of the contents therein.
From and after the passage of this article,
it shall be unlawful for any owner to construct a rural residence
or a property to be improved or modified that will require a private
sewage system modification or for a property in a publicly sewer area
but with its principle structure beyond 150 feet for a sewerage system
without first securing a permit from the Enforcement Officer of Limerick
Township in accordance with the following requirements:
A.
General regulations.
(1)
Prior to making application for construction of or
modification of a residence, the owner shall apply to the Enforcement
Officer for a permit.
(2)
If an examination of the soil profile by the Enforcement Officer indicates that the type of soil is acceptable for a conventional subsurface wastewater system, the owner shall proceed with the performance of percolation tests in accordance with the provisions of the Rules and Regulations of the Pennsylvania Department of Environmental Protection as established in Title 25, Chapter 73, as amended, which are incorporated herein by reference. If the percolation tests are satisfactory, the owner shall install a conventional subsurface wastewater system.
(3)
If an examination of the soil profile by the Enforcement Officer indicates that the type of soil is unacceptable for a conventional wastewater system or if the results of the percolation test are not satisfactory, the owner shall proceed with the installation of an alternate wastewater system as approved by the Pennsylvania Department of Environmental Protection in Chapter 73 of Title 25 of the Rules and Regulations, as amended.
B.
Private sewage system construction.
(1)
All wastewater systems shall be constructed, maintained and operated in accordance with the standards established by the Pennsylvania Department of Environmental Protection set forth in Chapter 73 of Title 25 of the Rules and Regulations, as amended which are incorporated herein by reference, and shall be subject to inspection and approval by the Enforcement Officer.
(2)
If the soil conditions and/or percolation test results do not qualify the property for a conventional subsurface wastewater system in accordance with the standards established by the Pennsylvania Department of Environmental Protection in Chapter 73 of Title 25 of the Rules and Regulations, as amended, which are incorporated herein by reference, an alternate system approved by DEP and recommended by the Enforcement Officer maybe considered. These facilities shall be located on the property at a minimum distance of 100 feet from any property lines, dwellings, roads or watercourses.
C.
Application for permit.
(1)
Applications for permits required under this article
shall be made in writing, in accordance with forms prescribed by the
Township Supervisors, to the Enforcement Officer, who shall issue
a written permit only upon compliance by the applicant with the provisions
of this article and after payment of the required fees.
(2)
All applications for permits shall be signed by the
applicant and shall set forth his residence and business address,
together with the name and address of the actual owner of the premises
upon which the system is to be installed. All substantiating data
and representations whatsoever pertinent to the application or the
proposed improvement shall be set forth in writing, and any oral representations,
whether made by the inspector or the Township Board of Supervisors,
shall be deemed irrelevant to the application.
(3)
All applications shall set forth in writing and by
definite measurements located upon a plan or a sketch, drawn according
to scale, the location of the septic tank, inspection holes and distribution
box and the layout of the tile field by exact measurements for future
reference and for Township inspection, showing also the specific locations
of all such improvements with respect to the existing buildings measured
by distances and exact directions.
D.
Availability of public sewers. The Enforcement Officer
shall refuse to grant a permit for the construction of any individual
wastewater disposal system where public or community wastewater disposal
systems are reasonable or available.
E.
Inspections.
(1)
The Enforcement Officer is hereby authorized and directed
to make such inspections as are necessary to determine satisfactory
compliance with this article.
(2)
It shall be the duty of the owner or occupant of a
property to give the Enforcement Officer free access to the property
at reasonable times for the purpose of making such inspections as
are necessary to determine the compliance with the requirements of
this article.
F.
Fees. For the filing of an application and plans for
a permit to locate, replace or repair an individual wastewater disposal
system, a fee shall be paid in the amount as established by a resolution
adopted by the Board of Supervisors.
A.
Any person who shall violate any provision of this
article shall pay a penalty to the Township in an amount not to exceed
$600 per violation. If the penalty is not voluntarily paid to the
Township, the Township shall initiate a civil enforcement proceeding
before a Magisterial District Judge. In addition to, or in lieu of
civil actions before a Magisterial District Judge, townships may enforce
ordinances in equity.
B.
In any case where a penalty for a violation of this
article has not been timely paid and the person upon whom the penalty
was imposed is found to have been liable therefore in civil proceedings,
the violator shall be liable for the penalty imposed, including additional
daily penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Township in the enforcement proceedings.
