As used in this article, the following terms shall
have the meanings indicated:
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
BOARD
The Board of Supervisors of the Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage or industrial waste of a liquid nature from two
or more lots, and the treatment and/or disposal of the sewage or industrial
waste on one or more of the lots or at any other site and which shall
comply with all applicable regulations of the Department. Notwithstanding
the foregoing, the sewage collection, transmission and treatment systems
of a public sewer service provider shall not be considered a community
sewage system for the purposes of this article.
[Amended 3-18-2013 by Ord. No. 280-2013]
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
DEVELOPER
Any person who files a planning module for land development
with the Township; or who files an application for approval of a subdivision
or land development plan proposing the subdivision or development
of land within the Township; or who makes application for a permit;
or who makes an application for a zoning permit under the Township
Zoning Ordinance; or who installs, repairs, modifies, or alters an
OLDS or community sewage system serving properties within this Township
other than a governmental entity.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
Any system of piping, tanks, or other facilities serving
on a single lot and collecting and disposing of sewage in whole or
in part into the soil and any waters of the Commonwealth of Pennsylvania
and which is located upon the lot which it serves. The term also includes
an OLDS which meets the definition of nonstandard system.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
LOT
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term "lot" shall include parcels equal to or greater than 10 acres
in size where the lot may be occupied by one or more persons or families.
MALFUNCTION
The condition which occurs when an OLDS or community sewage
disposal discharges sewage onto the surface of the ground, into groundwaters
of the Commonwealth, into surface waters of the Commonwealth, backs
up into the building connected to the OLDS or community sewage disposal
system or otherwise causes a nuisance hazard to the public health
or pollution of ground or surface water or contamination of public
or private drinking water wells. An OLDS or community sewage disposal
system shall be considered to be malfunctioning if any of the conditions
set forth in this definition occur for any length of time during any
period of the year.
NONSTANDARD SYSTEM
An OLDS which has a denitrification unit or any other equipment
which is not commonly found on OLDS within Lancaster County or an
OLDS which has been modified to address groundwater contamination
or other environmental issues or any OLDS which requires additional
approvals from the Department or a modification or amendment to the
Township's Official Plan.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
OLDS
An individual on-lot sewage disposal system.
PERMIT
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the initial
installation of an OLDS or the repair, replacement or enlargement
of an existing OLDS.
PERSON
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate,
or other legally recognized entity. Whenever the term "person" is
used in connection with any clause providing for the imposition of
a fine or penalty or the ordering of the action to comply with the
terms of this article, the term "person" shall include the members
of an association, partnership or firm and the officers of any public
or private corporation, whether for profit or not-for-profit.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with Department regulations.
PLANNING COMMISSION
The Township Planning Commission, which has jurisdiction
under the Township Subdivision and Land Development Ordinance to review
and approve subdivision and land development plans in accordance with
the requirements of the Pennsylvania Municipalities Planning Code.
PUBLIC SEWER SERVICE PROVIDER
Elizabethtown Regional Sewer Authority or any successor thereto;
Mount Joy Borough Authority or any successor thereto; or any other
entity providing public sewer service within a portion of the Township.
[Added 3-18-2013 by Ord. No. 280-2013]
REPLACEMENT LOCATION
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
SEPTAGE HAULER
Any person licensed by the Lancaster County Solid Waste Management
Authority, the Department or other governmental agency to remove septage
or other solids from treatment tanks of OLDS or community sewage disposal
systems, holding tanks, privies, aerobic tanks, cesspools, or any
other sewage disposal facility within the Township.
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 animals or aquatic life or to the use of
water for domestic water supply or for recreation or which constitutes
pollution under the Clean Streams Law.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.