[Adopted 6-3-1980 by Ord. No. 80-1]
Pursuant to the authority contained in 53 P.S.
§ 66601, the Board of Supervisors of Lower Frederick Township
hereby establishes an article regulating individual sewage systems
and establishes an article regulating individual sewage systems and
establish such standards for their design, installation and inspection,
together with the establishment of procedures for obtaining and authorizing
the issuance of permits and for providing penalties for violation
of said article.
A.
No person shall construct, alter, or expand any individual
sewage disposal system within the corporate limits of Lower Frederick
Township without having first obtained a permit for such construction,
alteration, or extension of the individual sewage disposal system
from a Sewage Enforcement Officer, certified by the Department of
Environmental Protection of the Commonwealth of Pennsylvania and employed
by Lower Frederick Township.
B.
No person shall occupy a newly constructed building
for which a sewage permit has been issued until the disposal system
shall have been inspected and approved by the Sewage Enforcement Officer
of Lower Frederick Township.
C.
No building permit for the construction of any principal
building or any other building which requires the installation or
use of sanitary facilities shall be issued by Lower Frederick Township
unless its Sewage Enforcement Officer shall have issued a permit for
the sewage disposal system to be installed.
Except as provided in this § 123-22 of this article, all individual sewage disposal systems located within the corporate limits of Lower Frederick Township shall be designed, constructed, and installed in accordance with the standards for sewage disposal facilities contained in Chapter 73 of Title 25, Rules and Regulations of the Department of Environmental Resources, issued under Section 9 of the Sewage Facilities Act of January 24, 1966, P.L. 1535, No. 537, as amended (35 P.S. § 750.9) and all other matters relating to the administration of such systems shall be in accordance with Chapter 71 of Title 25, Rules and Regulations of the Department of Environmental Protection.
In the case of rural residences for which no
permits are required by the Sewage Facilities Act of 1966 or the regulations
of the Department of Environmental Protection, the following requirements
shall apply:
A.
Persons desiring to construct an individual sewage disposal system for a rural residence shall make application for a permit to the Sewage Enforcement Officer duly designated by the Board of Supervisors of Lower Frederick Township in the same manner as that provided for applications for permits in Chapter 71 of the Rules and Regulations of the Department of Environmental Protection.
B.
The Sewage Enforcement Officer shall determine the
suitability of the site and soil for the proposed system using, where
applicable, as guidelines, the standards set forth in Chapter 73 of
the Rules and Regulations of the Department of Environmental Protection.
If the site and soil meet with the Sewage Enforcement Officer's approval,
said Officer shall issue a permit for a conventional alternate or
modified alternate system, whichever is applicable, and subject to
such conditions and the Sewage Enforcement Officer shall deem appropriate,
such as increased distances between the absorption area and property
lines, wells or other watercourses.
C.
The Board of Supervisors may, upon the advice of the
Sewage Enforcement Officer, direct the issuance of a permit for special
or experimental systems, including but not limited to chemical or
electrical toilets, composting toilets, methane digesting systems,
and other systems employing special methods of technology. In such
case the applicant shall supply to the Township such engineering data
manufacturer's information and specifications as the Board of Supervisors
may require, including data on existing operating installations.
The Board of Supervisors shall, from time to
time, adopt by resolution a fee schedule setting forth the charges
for the permits required herein. All costs for the engineering and
design of sewage disposal systems, for the demonstration of the operation
of systems employing special technology, and for consultants requested
by the Board of Supervisors shall be borne by the applicant.
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 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 30 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 any provision of this article is found
to be in conflict with the provisions of any other ordinance, resolution
or regulation of Lower Frederick Township existing on the effective
date of this article, the provision which establishes a higher standard
for safety, health and welfare of the citizens of Lower Frederick
Township shall prevail. In any case where a provision of this article
is found to conflict with any other such ordinance which establishes
the lower standard of safety, health, and welfare, such other ordinance
is hereby declared to be repealed to the extent that it is in conflict
with this article.
