[Adopted 1-26-1998 by Ord. No. 97-88]
A.
Title. This Part 2 shall be known as the "Sewage Management
Ordinance for Sewage Systems."
B.
Scope. This Part 2 applies to any person who owns,
uses or operates any sewage system in the Township.
C.
Purposes.
(1)
Under the Clean Streams Law and the Sewage Facilities
Act,[1] the Township has the duty to provide for adequate sewage
treatment facilities for the protection of the public health by prohibiting
the discharge of untreated or inadequately treated sewage. The Township's
Sewage Facilities Plan requires that it is necessary to formulate
and implement a sewage management program to effectively prevent and
abate water pollution and hazards to the public health caused by improper
sewage treatment and the disposal thereof.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq. and 35 P.S. § 750.1 et seq., respectively.
(2)
The purposes of this Part 2 are to provide for the
regulation, inspection, maintenance and rehabilitation of any sewage
system; to permit intervention in situations which may constitute
a public nuisance or hazard to the public health; and to establish
penalties necessary for the proper administration of the sewage management
program.
The definitions of terms used in Title 25 of
the Pennsylvania Code, Chapters 71, 72 and 73 and the definitions
of terms set forth in Montgomery Township Ordinance No. 97-75, being
the Sewer Use Ordinance,[1] are herein incorporated by reference and made a part of
this Part 2. Such definitions as well as those set forth below shall
govern the interpretation of this Part 2 unless the context wherein
a term is used clearly indicates otherwise.
The Montgomery County Health Department and/or its Sewage
Enforcement officer designated to serve Montgomery Township ("county").
The Montgomery Township Municipal Sewer Authority ("Authority")
shall administer, implement and enforce this Part 2.
Together with "user" and "person" as used herein means any
property owner, person, company, firm, corporation, partnership, other
business entity, applicant, tenant, user or contractor operating with
the approval of the owner of any individual or community sewage system
on any property in the Township of Montgomery.
The Pennsylvania Department of Environmental Protection,
formerly the Department of Environmental Resources.
A watertight receptacle which receives and retains sewage
and is designed and constructed to hold sewage pending the ultimate
disposal of the sewage to another site.
It is the objective of the Township of Montgomery
and of the Authority to make public sewers available to all properties
in the Township within a period of 10 years so that when this objective
is achieved, all individual and community systems will be phased out
and eliminated.
A.
The types of sewage systems which are governed by
this Part 2 are as set forth below, and, in addition, this Part 2
governs the use and operation of any and all other types of individual
and community private or nonpublic sewage systems that are permitted
under the Sewage Facilities Act and its regulations[1]:
(1)
On-lot system: subsurface discharge, both individual
and community.
(2)
Off-lot system: subsurface discharge, both individual
and community.
(3)
On-lot system: stream discharge, both individual and
community.
(4)
Off-lot system: stream discharge, both individual
and community.
(5)
On-lot system: surface discharge, both individual
and community.
(6)
Off-lot system: surface discharge, both individual
and community.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
Health Department approval:
(1)
The permits for the approval of the installation and design and the first inspection of systems providing for the subsurface discharge of less than 10,000 gallons per day which are identified above in Subsection A(1) and 2 and of such systems providing for surface discharge spray irrigation for single-family residences and holding tanks are issued by the Montgomery County Health Department.
(2)
Any owner, user or applicant who applies to the Montgomery
County Health Department for approval of any type of sewage system
shall on or before the date of making such application submit a copy
of the application and design plans (hereinafter "application") to
the Authority so that the Authority shall have the opportunity to
review and comment upon such application to both the Montgomery County
Health Department and the applicant before the Montgomery County Health
Department issues its permit for the approval of the application.
Owners are put on notice that the county will not review any application
until it receives confirmation from the Authority that the same application
has been filed with the Authority for review.
C.
PaDEP approval:
(2)
Any owner, user or applicant who applies to PaDEP
for approval of any type of sewage system shall on or before the date
of making such application submit a copy of the application and design
plans (hereinafter "application") to the Authority so that the Authority
shall have the opportunity to review and comment upon such application
to both PaDEP and the applicant before PaDEP issues its permit for
the approval of the application.
D.
This Part 2 shall apply to the use and operation,
maintenance, inspection and the repair, rehabilitation or replacement
of all sewage systems.
The Authority in the administration and enforcement
of this Part 2 shall have all of the powers and duties given local
agencies under the Sewage Facilities Act and the regulations adopted
thereunder by PaDEP.
A.
This Part 2 shall not apply to preexisting stream
discharge sewage systems operating under current PaDEP and NPDES permits.
These exempt properties are:
B.
The Authority shall inspect all sewage systems in
the Township, including those constructed before or after the effective
date of this Part 2.
C.
The Authority shall give a report once per year to
the Township setting forth the results of its inspections of all sewage
systems.
D.
All subsurface discharge sewer systems in the Township
shall be pumped out at least once every three years or more frequently
as designated by the Authority. Property owners and users shall keep
a record of when their systems were pumped out and the name of the
licensed contractor performing this work, and a copy of this record
shall be delivered to the Authority within 30 days of the date that
the work was performed and completed.
E.
The Authority shall provide wastehauler receiving facilities for the receipt, treatment and final disposal of the wastes pumped out under Subsection D above. The Authority shall set standard fees for the acceptance and disposal of such wastes from time to time in accordance with the Sewer Use Ordinance[1] and any other rules and regulations adopted by it.
F.
The owner/user having its subsurface discharge sewage
system pumped out shall be responsible for all costs associated therewith.
G.
The Authority and/or the Montgomery County Health Department shall have the power and duty to issue a citation to any property owner or user who has a sewage system found to be in violation of the provisions of this Part 2 or of the provisions of the Sewage Facilities Act and the regulations thereunder. Any such property owner or user shall be given a reasonable time as determined by the person issuing the citation to complete a satisfactory correction, replacement or rehabilitation of the sewage system at the cost of the owner or user, and, if he fails to do so, the Authority and the Montgomery County Health Department may proceed under § 187-94, Violations and penalties, of this Part 2 and under the provisions of the Sewage Facilities Act and its regulations to restrain the violation and to abate any nuisance caused by the sewage system.
H.
Prior to any change of ownership and conveyance of any lot or property on which is installed a sewage system that is subject to the provisions of this Part 2, such system shall be pumped out and its contents disposed of as required by this section, unless the owner-seller has filed with the Authority documentation from a contractor licensed to perform pump-out services that the system was pumped out within a period of one year immediately preceding the date of conveyance. Following the conveyance of the lot or property, the new owner-user shall be subject to the provisions of this Part 2.
I.
If the owner or user of any lot served by an individual
or community sewage system does not know or cannot determine the location
of the system on the lot or property, the owner-user shall be obligated
to locate the system as required by the Authority within a reasonable
time period as determined by the Authority and shall have said system
pumped out and maintained in accordance with the terms of this Part
2.
A.
The permits for new sewage systems covering the design, installation and inspection of same must be obtained by all owner-users from either the Montgomery County Health Department or from PaDEP. See § 187-82B and C above for a determination as to which of these entities has jurisdiction over any installation permit to be issued.
B.
Within 90 days of the date that the Montgomery County
Health Department or PaDEP issues and approves an installation permit
for any sewage system constructed after the effective date of this
Part 2, the owner or user shall apply for a use and operation permit
to the Authority.
C.
The application for a use and operation permit for
all sewage systems constructed after the effective date of this Part
2 shall be on a form provided by the Authority and shall include,
but not be limited to, the following information:
(1)
The owner shall submit a copy of the PaDEP or Montgomery
County Health Department installation permit to the Authority.
(2)
The owner shall designate a person to be responsible
for operation and maintenance activities and shall demonstrate that
the legal and financial arrangements necessary for assumption of this
responsibility are in place.
(3)
The owner shall provide a copy of any and all contracts
entered into between the owner and any other person, firm or legal
entity respecting operations and/or maintenance of the system and
sludge removal.
(4)
The owner of a facility requiring an NPDES discharge
permit shall provide a written plan for regular and periodic sampling
and testing of the influent and effluent of the system to determine
that it is being operated in accordance with the discharge permit
issued by PaDEP, and the plan shall require the submission of copies
of the results to PaDEP and the Authority within 30 days of the last
day of each month.
(5)
The owner shall present a written plan for regular
and periodic inspections and maintenance of the system and its appurtenances.
(6)
Written permission of the owner permitting the Authority,
its authorized servants, agents and employees to enter upon the property
to inspect the system, observe its operation and secure such test
samples as deemed appropriate by said entities and to permit such
inspections and test sampling as required by the Authority.
(7)
The owner's agreement and plan to integrate his sewage
needs and system into the Authority's sewage program in the area,
including the use of the public sewage system of the Authority when
same is available.
D.
The seven requirements in Subsection C immediately above shall apply only to new systems wherein the installation permit was issued by PaDEP under § 187-82C above. With regard to new systems wherein the installation permit was issued by Montgomery County Health Department under § 187-82B above, the application for the use and operation permit shall include only the requirements of Subsection C(1),(6) and (7) above.
E.
With regard to all sewage systems in the Township
existing before the effective date of this Part 2, the Authority shall
issue to the owners of same use and operation permits without requiring
any application or the payment of any fee for the initial permit.
F.
The Authority shall determine the period of time for
which the use and operation permits are issued, taking into consideration
the inspection and other requirements of this Part 2.
A.
Any permit shall be issued or denied within 15 days
after receiving the application for same, unless it is determined
by the Authority that the data submitted by the applicant or owner
is incomplete or the entity is unable to verify the information submitted,
in which event notice shall be given to the applicant or owner within
15 days of receipt of the original application of the reasons why
the application is not acceptable. When the required information is
received, the Authority shall act upon the application within 15 days.
B.
Any denial of a permit shall be in writing and shall
include a statement of the reasons for the denial and that the applicant
has a right to a hearing before the Authority upon a written request
of the applicant or owner filed within 30 days with the Authority.
B.
These schedules shall be kept on file at the Authority
offices and shall be changed and revised from time to time as the
Authority shall deem necessary.
C.
The Authority shall be reimbursed by any owner or
user of a system for any and all required emergency responses, the
actual expenses incurred by the Authority plus 10% for administration
and additional emergency response costs.
D.
Fees for actual expenses related to systems that fail
or are in violation of the Clean Streams Law, Sewage Facilities Act[1] or any of its regulations or of the provisions of this
Part 2 shall be paid by the owner. The Authority shall be reimbursed
for any and all actual expenses incurred in making any inspections
or tests and taking steps to require an owner or user to correct a
faulty or failed system. These fees will include any necessary consultants',
engineering and legal fees related to this enforcement activity plus
a ten-percent administration fee.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq. and 35 P.S. § 750.1 et seq., respectively.
A.
Prior to the issuance of any permit for the use and operation of any new sewage system wherein an installation permit was issued by PaDEP under § 187-82C above, the owner shall post a bond with a recognized bonding company approved by the Authority in the amount of 110% of the estimated replacement costs of the system and a bond for 110% of the annual cost of maintenance of the system. These costs and bond amounts shall be determined by the Authority's engineer. These bonds shall be for a period of at least two years with the obligation on the part of the owner to renew them so long as the system remains in operation. Said bonding company or companies approved by the Authority shall have at least an AM. Best rating of B+ or higher.
B.
Each time the bonds are subsequently renewed, the
dollar amount of the bonds shall be escalated in accordance with the
following:
(1)
Replacement costs. The initial actual costs of installation
shall be escalated by McGraw Hill Engineering News Record Construction
Cost Index (ENR-CCI) as the ratio of current date ENR-CCI to the substantial
completion date ENR-CCI times the actual initial installation costs.
[Calculated amount = (ENR-CCI year 2 ÷ ENR-CCI initial) x initial
costs].
(2)
Maintenance costs. The initial estimated annual costs
of maintenance shall be escalated by the United States Department
of Labor Consumer Price Index (CPI) as the ratio of the current date
CPI to the substantial completion date CPI times the initial estimated
annual maintenance. The CPI escalated annual maintenance shall be
adjusted by the ratio of ending annual average flow to the preceding
period's annual average flow, the result raised to the six-tenths
power. {Calculated amount = (CPI year ÷ CPI Initial) x [(Q
year ÷ Q initial) ^ 0.6] x annual maintenance cost}. The calculated
new bond amount shall be compared against the preceding twelve-month
maintenance cost, and the larger of the two amounts shall be the amount.
C.
In lieu of such bonds, the owner shall be permitted
to establish an escrow fund for the replacement cost and the annual
maintenance cost with the Authority for at least 50% of the estimated
cost of replacement and/or maintenance of the system with the obligation
to add to this fund 10% of same each year until the fund reaches 110%
of the cost of replacement and/or maintenance of the system as determined
by the Authority.
A.
The Authority is hereby authorized and empowered to
approve within the Township the control and methods of the use and
operation of retaining or holding tank sewage disposal and the collection
and transportation of retaining or holding tank waste.
B.
The Authority shall adopt such rules and regulations,
including a fee schedule concerning sewage retaining or holding tanks,
which it may deem necessary from time to time to effect the purposes
herein.
C.
Since retaining/holding tanks are the least desirable
method of handling wastewater and it is the objective of the Township
and its Authority to provide public sewerage service to the entire
Township, the Authority shall not issue any permits for new retaining
or holding tanks unless one of the following is met and the owner
purchases capacity in the treatment, conveyance and collection facilities
by paying the required tapping fee:
(1)
The Authority estimates that within a three-year period
public sewerage will be within 150 feet of the principal building
on the property proposing to utilize retaining/holding tanks as a
temporary means of sewerage disposal.
(2)
The owner posts an escrow amount in cash equal to
110% of the average annual contract amount for wastewater hauling
and disposal at a rate of every three days of three independent private
wastehaulers. These funds shall be used by the Authority to maintain/operate
the retaining/holding tank if required through default of the owner.
When the retaining/holding tank is terminated and public sewerage
service provided, the remaining funds will be returned to the owner.
The retained interest becomes the Authority's as a fee for administering
the account.
(3)
The owner intends to use the holding-retaining, collection
system as a short-duration (less then four months) facility. A permit
may be issued by the Authority without guaranty, but wastehauler and
disposal location contract must be provided. In the event of the owner's
failure to operate and maintain the system to the satisfaction of
the Authority, the owner agrees that the Authority may terminate the
permit and prohibit the use previously approved, and all occupied/used
facilities operated by the owner shall be closed until public sewerage
service is provided.
D.
No person in the Township shall install or construct a retaining or holding tank or install, construct, occupy or use a building to be served by a retaining or holding tank without first obtaining a permit from the Montgomery County Health Department under § 187-82B above.
E.
The Authority shall inspect retaining or holding tanks
located in the Township annually, and the owner shall pay an annual
inspection fee in accordance with the Authority's fee schedule. The
owner shall also pay to the Authority actual costs of Authority covering
any emergency responses concerning operation and maintenance of retaining
or holding tanks.
F.
The collection and transportation of all sewage from
any improved property utilizing a retaining or holding tank and the
disposal thereof shall be made only at such site or sites as may be
approved by the PaDEP. The pickup and delivery of the retaining or
holding tank waste shall be conducted with a manifest system to verify
the source, quantity and treatment site of all retaining or holding
tank waste. The owner shall submit to Authority annually copies of
all manifests evidencing proper disposal of the sewage.
G.
The regulation covering hauled wastewater in Ordinance No. 97-75, § 187-13 of this chapter, the Sewer Use Ordinance, of the Township is herein incorporated by reference and made a part hereof.
H.
The applicant for the use and operation of a new retaining
or holding tank permit shall submit the following to the Authority:
(1)
A performance bond or an escrow fund created with
the Authority to ensure that the necessary steps for the collection,
transportation and disposal of the retaining or holding tank waste
will be completed. Any performance bond shall be issued by a company
having an AM. Best rating of B+ or higher and upon terms approved
by the Authority, and the amount of the bond or escrow fund shall
be 110% of the annual cost of transportation and disposal of the retaining
or holding tank waste as estimated and determined by the Authority.
(2)
Letters from an authorized official of two PaDEP-approved
disposal sites, one primary and one alternate, agreeing to receive
retaining or holding tank waste from the applicant.
(3)
A list, both quantitative and qualitative, of all
wastes which will be discharged to a retaining or holding tank. The
qualitative analysis will be performed in accordance with the United
States Environmental Protection Agency's Standard Methods (latest
edition), down to detectable limits.
(4)
A signed contract with a sewage hauler providing that
the hauler will dispose of the retaining or holding tank waste of
the applicant on a regular basis.
I.
Design standards.
(1)
The design and construction of the retaining tank
must comply in all respects with the terms of Title 25 Pa. Code, Chapters
71, 72 and 73.
(2)
The property owner shall submit to the Authority for
its approval plans showing the size, shape, location, type of material
used in the fabrication of the retaining or holding tank and details
of its construction. This information shall be given to the Authority
prior to the issuance of any building permit for newly constructed
buildings and prior to the issuance of any occupancy permit for existing
buildings. No building permit shall be issued by the Township until
the Authority approves the retaining or holding tank application in
each instance and grants a permit for use and operation, and no occupancy
permit shall be granted until the retaining or holding tank installation
is approved by the Authority.
(3)
The owner shall locate all retaining or holding tanks
so that the sewage pumper will have easy access to withdrawal facilities
during all seasons of the year.
J.
The owner of the property on which the retaining or
holding tank is located shall:
(1)
Maintain the retaining tank facilities and equipment
in proper working order at all times in conformance with this Part
2 and any other regulations of the Montgomery County Health Department,
Township or Authority and the terms of any applicable laws and the
regulations of PaDEP.
(2)
Permit an authorized representative of the Montgomery
County Health Department, Authority or PaDEP to make periodic inspections
of the retaining tank facilities.
(3)
Submit a statement once a year to the Authority on
the anniversary date of his permit showing that the performance bond
has been renewed.
K.
In the event that the Authority must utilize the performance
bond or escrow fund to pay for the collection, transportation or disposal
of the owner's retaining or holding tank waste, the owner must either
obtain a new bond in an amount designated by the Authority or place
into escrow with the Authority an amount of cash determined by the
Authority as sufficient to pay all collection, transportation and
disposal costs for the retaining or holding tank facilities, and this
sum shall include the annual cost of these items. If the owner does
not comply with these requirements within 30 days, the Authority shall
revoke the permit and close all facilities serviced by the retaining/holding
tank.
Whenever an owner of a single lot or tract of
land or a part thereof applies to subdivide same into two or more
lots or to install a second or subsequent individual or community
sewage system on the lot or tract, or whenever the owner applies for
a permit required by PaDEP, the owner shall prepare planning modules
for the revision or supplementation of the Official Plan of the Township
and shall submit the same to the Township, utilizing the PaDEP's planning
modules for land development.
This Part 2 adopts by reference the Standard
Specifications for Construction of Sanitary Sewers, Force Mains, Pump
Stations and Wastewater Treatment Plants for the Montgomery Township
Municipal Sewer Authority which are dated August 1987, revised April
1992, and previously adopted by resolution of the Authority.
No water shall be provided for internal or external
use to any residential, commercial, industrial, agricultural, recreational,
governmental or public building or structure of any kind in the Township
of Montgomery which is constructed or remodeled, and in which plumbing,
water piping or water fixtures are to be installed, extended or altered
in any way, and for which a building or construction permit is required
to be obtained from Montgomery Township (or would be required but
for the exemption from a permit requirement for public or governmental
agencies) unless the new, extended or altered plumbing, water piping
and other water-using fixtures therein conform to the requirements,
standards and regulations of the water company providing the source
of public water for said building or structure.
A.
When required by the Authority or Township, all owners
of land intended to be improved and developed with on-site sewage
disposal shall, as a part of final approval of land development, agree
to design and install a capped sewer system for connection to and
becoming a part of the sewer system of the Authority.
B.
When it is determined by the Township or the Authority
that a property to be subdivided or developed shall be served within
a reasonable time by public sewers, capped sewers shall be installed.
The sewer lines shall be suitably capped at the limits of the subdivision
or development, and the laterals shall be capped at the street right-of-way
line. When capped sewers are provided, on-site sewer systems designed
and approved in accordance with the provisions of this Part 2 shall
also be provided.
A.
Any person or owner who shall violate any provision
of this Part 2 or resolution or regulation promulgated hereunder,
or any provision of the Clean Streams Law, the Sewage Facilities Act
or any regulations promulgated under either of these Acts, or who
is the owner or user of property on which a condition exists that
constitutes a nuisance under the Clean Streams Law or Sewage Facilities
Act, or who fails or refuses to comply with any lawful notice, order
or direction, or who resists or interferes with any officer, agent
or employee of a local agent or an employee or agent of PaDEP in the
performance of his or her duties shall be guilty of a summary offense.
Upon conviction thereof, such person shall be sentenced to pay a fine
not exceeding $500 for each violation. Each day on which any such
violation shall continue shall be deemed a separate offense. The fines
shall be paid to the Authority. Such fines and penalties, together
with the costs of prosecution, may be collected by suit or summary
proceedings brought in the name of the Township or Authority.
B.
Any penalty proceedings commenced hereunder shall
not prevent the Township, the Authority, the Montgomery County Health
Department or PaDEP from taking any action deemed necessary for violations
of the law or of this Part 2, including but not limited to actions
taken for civil remedies, suits in equity to restrain or prevent violations
of the law or of this Part 2, actions for penalties, fines and fees
under the Sewage Facilities Act and actions to abate any nuisance
as same is defined in the Sewage Facilities Act.
In implementing this Part 2, the Authority may,
by resolution, promulgate such forms and regulations for the administration
and enforcement hereof as it shall determine are necessary. Failure
of any owner or user to receive or secure any required forms or copies
of regulations shall not constitute a defense to the enforcement or
penalty provisions of this Part 2. Copies of all such forms and regulations
shall be available to the public in the Authority's office during
business hours.
