[Adopted 6-19-2000 by Ord. No. CLXX]
This article shall be known and may be cited
as the "Mount Joy Township On-Lot and Community Sewage System Ordinance."
A.
The Board of Supervisors recognizes that individual
on-lot sewage disposal systems constitute a valid and approved manner
of conserving the quality of the water and other natural resources
of the Township through proper treatment of wastes generated by development
within the Township. The use of individual on-lot sewage systems must
be regulated in accordance with the regulations promulgated by the
Department of Environmental Protection which pertain to the location
and permitted types of on-lot sewage disposal systems. In addition,
the Township has determined that should the on-lot sewage system disposal
system installed by a landowner fail, the water quality and other
natural resources of the Township may be polluted. It is especially
of concern to the Board that such pollution may occur when a system
fails and there is no suitable area on the lot for the installation
of a replacement system. Therefore, in order to protect the water
quality and other natural resources of the Township, thereby protecting
the health and welfare of residents and visitors, the Board desires
to require that all landowners provide and set aside areas for the
installation of replacement individual on-lot sewage disposal systems.
B.
It is the further intent of the Board to insure that
on-lot sewage disposal systems are properly maintained. Failure to
maintain on-lot sewage disposal systems results in malfunctions which,
in turn, results in the pollution of the water quality and other natural
resources of the Township. On-lot sewage disposal systems should be
pumped out on a regular basis, and it is the responsibility of all
landowners to insure such maintenance is performed.
C.
The Board also desires to provide for the proper maintenance
of the community systems which have been installed in the Township.
Proper maintenance of community sewage systems is essential to preserve
and protect the health and welfare of Township residents and to preserve
and protect the environment.
A certain document, three copies of which have
been and are presently on file in the office of the Secretary of the
Township of Mount Joy, being marked and designated as Chapters 71,
72, and 73 of Title 25 of the Pennsylvania Code, being promulgated
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania, be and is hereby adopted as the sewage permit application
and installation procedure of the Township, and each and all of the
regulations contained in said chapters are hereby adopted by the Township
except as modified by this article. It is the intent of the Board
to adopt all subsequent amendments and revisions to said chapters
as permitted by law and in accordance with the provisions of 1 Pa.
C.S. § 1937(a). If such an intent is found invalid by a
court of competent jurisdiction, it is the intent of the Board to
adopt said chapters as they existed on the effective date of this
article.
A.
Word usage. In the interpretation of this article,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
B.
Definitions.
(1)
All words and phrases not otherwise defined herein
shall have the meanings provided in Section 2 of the Act, 35 P.S.
§ 750.2, Section 71.1 of the Department's Regulations, 25
Pa. Code § 71.1, or Section 73.1 of the Department's Regulations,
25 Pa. Code § 73.1, or the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
(2)
ACT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
DEVELOPER
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LOT
MALFUNCTION
NONSTANDARD SYSTEM
OFFICIAL PLAN
OLDS
PERMIT
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PLANNING COMMISSION
PUBLIC SEWER SERVICE PROVIDER
REPLACEMENT LOCATION
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
THE CLEAN STREAMS LAW
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
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.
The Board of Supervisors of the Township.
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]
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
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.
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.
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.
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.
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.[1]
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.
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.
An individual on-lot sewage disposal system.
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.
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.
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.
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.
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]
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.
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.
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.
The Sewage Enforcement Officer of the Township.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
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.
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35
P.S. § 691.1 et seq.
The Township of Mount Joy, Lancaster County, Pennsylvania.
[1]
Editor’s Note: The former definitions of “MJBA”
and “MJTA,” which immediately followed, were repealed
3-18-2013 by Ord. No. 280-2013.
In order to insure compliance with the Official
Plan, all developers who request approval of planning modules for
land development or who request the review of subdivision plans, and
land development plans providing for sewage disposal proposing sewage
disposal by means of OLDS or community sewage systems shall submit
the following information to the Township for review in accordance
with the following requirements:
A.
The developer shall submit the information required by this § 100-55 to the Township with the planning module for land development or with the preliminary subdivision or land development plan, whichever the developer first submits to the Township.
B.
It is the responsibility of the developer to submit
the information to all other reviewing agencies, including but not
limited to the Lancaster County Planning Commission, in accordance
with the Department's regulations. It is the responsibility of the
developer to pay for the publication of any legal advertisement which
may he required by the Department's regulations. Failure of the developer
to pay the costs of legal advertisement within 15 days after receipt
of a copy of the newspapers invoice shall render the submission incomplete.
C.
The developer shall submit a written report detailing
the planning and decision making steps used in the selection of the
method of sewage disposal.
A.
After the effective date of this article, no requests
for approvals of planning modules for land development and no revisions
or supplements to the Official Plan shall be granted unless the applicant
presents to the Board evidence that each lot or lot to be created
contains a suitable location for the installation of an initial OLDS,
except when such lots or lots to be created are to be served by a
community sewage system. All tests required by the Department and
this article for the location of an OLDS to confirm the suitability
of the location shall be performed as approved by the Department.
B.
After the effective date of this article, all planning
modules for land development except planning modules for land development
which propose sewer service by means of a sewer system of a public
sewer service provider shalt be accompanied by hydrogeologic tests
performed in accordance with all applicable Department regulations.
The Board shall not approve any planning module for land development
which does not contain hydrogeologic studies which demonstrate that
the proposed sewage disposal facilities will not adversely affect
the groundwater or that measures will be utilized, such as the installation
of denitrification systems or dispersion plume easements, which will
address the impacts of the proposed sewage disposal facilities.
[Amended 3-18-2013 by Ord. No. 280-2013]
C.
Well test results submitted with planning modules
will be compared with the Official Plan well test data. If the results
vary from the Official Plan well test data, the Township may require
additional testing to verify any discrepancies.
After the effective date of this article, a
replacement location for an OLDS shall be required for all lots or
lots to be created which are not serviced or to be serviced by a community
sewage system operated by a governmental entity or for which a valid
permit for an OLDS has not been issued. The replacement location shall
comply with the Act and with all regulations issued by the Department
as incorporated into this article concerning OLDS, including isolation
distances, and with the terms of this article and any other applicable
Township ordinances.
A.
Each person who shall apply for a permit under the
Township Zoning Ordinance or a permit for an OLDS (other than a permit
for a repair to or modification of an existing OLDS) or who shall
request approval of a planning module for land development or the
adoption of a revision or supplement to the Official Plan or who shall
file an application for subdivision or land development approval which
proposes sewage disposal by means of OLDS shall demonstrate to the
satisfaction of the Sewage Enforcement Officer that a suitable area
exists on the lot or on each lot to be created for an initial OLDS
and for the replacement location. All tests required by the Department
and this article for the location of an OLDS to confirm the suitability
of the replacement location shall be performed as approved by the
Department. Allowance of open land for the replacement location without
testing performed or observed by the Sewage Enforcement Officer shall
not constitute compliance with the requirements of this section.
B.
The developer shall identify the location of the initial
OLDS and the replacement location as confirmed by the Sewage Enforcement
Officer on the plot plans and diagrams submitted as a part of the
subdivision or land development plan and as part of the permit application.
C.
If the application has been submitted as a part of
an application for approval or review of a planning module for land
development, the developer shall identify the location of each OLDS
and each replacement location upon the plans. If the application is
for subdivision or land development approval, the developer shall
include a note on the plans stating that no improvements shall be
constructed upon the replacement location, and the deed to each lot
created as a part of the subdivision or land development shall contain
language reflecting this limitation.
D.
Any revisions to a permit affecting a replacement
location which previously has been issued pursuant to the provisions
of this article shall be approved by the Board or its authorized representative.
Any revisions to a subdivision or land development plan affecting
a replacement location which previously approved has been pursuant
to the provisions of this article shall be approved by the Planning
Commission.
No person shall construct or install any permanent
or temporary improvements of any character other than the planting
of trees, shrubs, or other plant matter upon the replacement location
unless the person who desires to construct such improvements shall
demonstrate to the satisfaction of the Sewage Enforcement Officer
that an alternate replacement location which complies with all applicable
regulations of the Department, this article and all other applicable
Township ordinances exists upon the lot. If such an alternate replacement
location shall be identified, the alternate replacement location may
be considered to be the replacement location required by this article
and shall be designated as the replacement location. The newly designated
replacement location shall thereafter be considered the replacement
location for the purposes of this article.
If any lot held in single and separate ownership
as of the effective date of this article shall not contain land suitable
for a replacement location, the applicant for a permit under the Township
Zoning Ordinance or an installation permit for an OLDS may request
that the Board of Supervisors grant an exception to the requirement
of providing a replacement location. Applicants for relief under this
section shall submit a written application setting forth the information
required by this section and shall include the application fee established
by resolution or ordinance of the Board of Supervisors. The applicant
for such an exception shall present credible evidence to the Board
demonstrating 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
location. At all times the burden to present credible evidence and
the burden of persuasion shall be upon the applicant for an exception
from the terms of this article.
The landowner and any contractor performing work upon an OLDS shall obtain a permit from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department, and this article prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township, regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Board granting relief from the designation of a replacement location in accordance with § 100-60 of this article or unless such permit is requested to repair a malfunction of an existing OLDS.
All developers within the Township shall design
sewage disposal systems in accordance with the planning policies and
methodology set forth in this section. The developer shall include
a narrative with any planning submission which shall demonstrate the
procedure used by the developer in determining the sewage disposal
facilities proposed for the development. If the developer is not required
to submit a planning submission, the developer shall present information
sufficient to demonstrate compliance with this section with his or
her application to the Sewage Enforcement Officer for a permit to
install, repair, alter or modify an OLDS.
A.
The Township encourages use of OLDS wherever feasible
and economical outside of the present and future public sewer service
area as defined by the Official Plan of the Township. Developers shall
use outside of the public sewer service area planning policies which
foster the nonsewer approach and the conservation of groundwater resources.
At a minimum, the developer shall address the following Township policies:
(1)
Establish OLDS and community sewage disposal system
ownership and maintenance responsibilities with the individual lot
owner, a homeowners' association, condominium unit owners' association
or the developer.
(2)
Provide water conservation and waste flow reduction
by the use of water-saving devices and other state of the art water
conservation methods for all new construction and the replacement
of any components of existing structures.
(3)
Recycle wastewater by relying upon OLDS for groundwater
recharge via subsurface disposal of treated wastewater.
(4)
Restrict elevated sand mound systems in accordance
with Chapter 73 of the Department's regulations where possible.
(5)
Restrict subsurface community sewage disposal systems
to resolution of sewage related problems of existing structures.
B.
The methodology for selecting and evaluating specific
OLDS shall be a progressive multistep process. The developer may consider
and evaluate a community sewage system outside of the public sewered
areas established by the Official Plan only when individual OLDS are
not feasible.
(1)
Evaluate individual OLDS. The approved individual
wastewater treatment systems within the Township are septic tanks,
aerobic treatment units, spray irrigation systems and, if no other
method is feasible, individual stream discharge systems. These treatment
methods may be used with the various effluent treatment and disposal
methods outlined below:
(a)
Conventional subsurface absorption system. If
a site is suitable in accordance with Department regulations for conventional
sewage disposal systems such as a septic or aerobic tank with an absorption
area (standard trench, seepage bed, subsurface sand filter or elevated
sand mounds), the appropriate combination of wastewater treatment
and effluent disposal system shall he selected as the most cost-effective
OLDS.
(b)
Conventional spray irrigation or stream discharge
system. If a site is suitable in accordance with Department regulations
for a conventional spray irrigation or individual stream discharge
system, and if the site is not suitable for a conventional subsurface
absorption system, the appropriate combination of wastewater treatment
and effluent disposal system shall be selected.
(c)
Alternate systems. The developer shall evaluate
alternate systems if there are inadequate soils or other concerns
on the site that prevent the use of conventional septic systems. These
systems shall use technology that has been proven successful. The
design of the alternate system shall be approved in accordance with
the regulations of the Department and the Act.
(d)
Experimental systems. The Township does not
encourage experimental systems. A developer may propose the use of
an experimental system only in areas where other alternatives are
not available. The developer shall submit all documentation required
for approval of the experimental system in accordance with the regulations
of the Department and the Act. Testing, monitoring and permitting
of these systems shall comply with the requirements of the Department.
(2)
Replacement location. The developer shall provide
a replacement location for each OLDS set forth above unless such OLDS
is being installed to address an existing malfunction and no replacement
location is available or unless the developer obtains a waiver from
the requirement to provide a replacement location in accordance with
the provisions of this article.
(3)
Examine combined individual and community systems.
As a remedial action, a developer may propose the linking of existing,
malfunctioning OLDS to a new development to solve the malfunctioning
condition.
(4)
Examine community sewage systems. The developer may
evaluate community sewage systems only if it is not feasible to provide
for sewage disposal through OLDS. The developer shall provide on-site
or off-site wastewater treatment. The developer shall review each
collection alternative and shall select an effluent disposal method
from the various alternatives. Community sewage systems shall be utilized
only for correction of sewage related problems of existing OLDS or
community sewage systems unless the community sewage system is operated
by a governmental entity in accordance with the Township Official
Plan.
C.
The developer shall evaluate the construction cost,
operation and maintenance costs, and environmental impacts of each
method of sewage disposal and shall choose the most appropriate for
maintenance of water quality. The developer shall present the evaluation
to the Township as part of its planning submission.
All landowners, developers and contractors who
desire to install, repair, modify or alter an OLDS in the Township
shall obtain a permit from the Sewage Enforcement Officer prior to
the commencement of such work. All work performed under any permit
shall comply with the following regulations:
A.
The holder of a permit and the contractor performing
work under such permit shall notify the Sewage Enforcement Officer
at least three working days before commencing installation, repair,
modification or alteration of the OLDS in order that one or more inspections,
in addition to the final inspection required by the Department, may
be scheduled and performed by the Sewage Enforcement Officer.
B.
Any OLDS permit providing for the installation or
repair of a septic tank shall require that the septic tank contain
septic solid retainers of the type as specified by the Department's
regulations. This is to obtain the highest quality effluent.
C.
If construction or installation of the OLDS and of
any building or structure for which such OLDS is to be installed has
not commenced within three years after the issuance of the permit
for such OLDS, the permit shall expire. The landowner and/or contractor
shall obtain a new permit prior to commencement of the installation,
repair, modification, replacement or alteration of the OLDS.
All landowners, developers and contractors who desire to install a nonstandard OLDS, including but not limited to a denitrification system, in addition to all requirements of §§ 100-61, 100-62 and 100-63 of this article, shall also meet all of the following requirements:
A.
The record owner of the lot on which such system is
to be installed and, if different, the applicant, shall enter into
an agreement with the Township, in recordable form, providing for
the long-term maintenance of the system which grants the Township
the right to enter upon the property; to inspect such system not less
than once each year and, in addition, whenever the Township receives
a complaint or otherwise has reason to believe that such system is
not functioning properly; to maintain such system if the landowner
fails to do so; and to recover the cost of any maintenance performed,
plus a penalty from the landowner. The agreement shall specifically
authorize the Township to file a municipal claim against the property
to recover costs and fees and shall specifically state that its provisions
are binding upon the landowner executing the agreement and upon all
successive owners of the property until the system is removed and
the property is connected to a public sewer system owned and operated
by a governmental entity.
B.
The applicant shall post financial security with the
Township to secure the future maintenance of the system and payment
of costs of annual inspection of such system. The amount of the financial
security shall be based upon the estimated cost to maintain the particular
nonstandard system chosen by the applicant. The financial security
shall be posted through an irrevocable letter of credit in a form
acceptable to the Township Solicitor or in a cash escrow which the
Township shall maintain in a noninterest bearing account. The Township
shall not release such financial security until the Township is provided
with alternate financial security or until the system is removed and
the property is connected to a public sewer system owned and operated
by a governmental entity.
C.
The applicant shall demonstrate to the Township that
the proposed nonstandard system meets all applicable Department regulations
and that the applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete
set of as-built plans for the nonstandard system after its installation.
E.
The applicant shall reimburse the Township for all
costs incurred in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with
the yearly inspection of the nonstandard system.
All landowners, developers and contractors who
desire to install a community sewage system shall meet all of the
following requirements:
A.
The record owner of the lot on which the community
sewage system is to be installed and, if different, the applicant,
shall enter into an agreement with the Township, in recordable form,
providing for the long-term maintenance of the community sewage system
which grants the Township the right to enter upon the property; to
inspect such community sewage system not less than once each year
and, in addition, whenever the Township receives a complaint or otherwise
has reason to believe that such community sewage system is not functioning
properly; to maintain such community sewage system if the owner fails
to do so; and to recover the cost of any maintenance performed, plus
a penalty, from the owner. The agreement shall specifically authorize
the Township to file a municipal claim against the property served
by the community sewage system to recover costs and fees and shall
specifically state that its provisions are binding upon the landowner
executing the agreement and upon all successive owners of the property
and any lots which are served by the community sewage system until
the community sewage system is removed and the property is connected
to a public sewer system owned and operated by a governmental entity
or until a public sewer service provider assumes ownership and maintenance
responsibility for the community sewage system.
[Amended 3-18-2013 by Ord. No. 280-2013]
B.
The applicant shall post financial security with the
Township to secure the future maintenance of the community sewage
system and payment of costs of annual inspection of such system. The
amount of the financial security shall be based upon the estimated
cost to maintain the particular community sewage system chosen by
the applicant. The financial security shall be posted through an irrevocable
letter of credit in a form acceptable to the Township Solicitor or
in a cash escrow which the Township shall maintain in a noninterest
bearing account. The Township shall not release such financial security
until the Township is provided with alternate financial security or
until the community sewage system is removed and the property is connected
to a public sewer system owned and operated by a governmental entity
or until a public sewer service provider assumes ownership and maintenance
responsibility for the community sewage system.
[Amended 3-18-2013 by Ord. No. 280-2013]
C.
The applicant shall demonstrate to the Township that
the proposed community sewage system meets all applicable Department
regulations and that the applicant has obtained all necessary approvals
and permits.
D.
The applicant shall provide the Township with a complete
set of as-built plans for the community sewage system after its installation.
E.
The applicant shall reimburse the Township for all
costs incurred in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with
the yearly inspection of the community sewage system.
All persons who own a lot upon which an OLDS
is installed and all persons who occupy a lot on which an OLDS is
installed shall properly use and maintain such OLDS. Proper maintenance
of an OLDS shall include, at a minimum:
A.
Retention of a septage hauler to inspect the OLDS
on a regular basis, not less than once every five calendar years,
and, if the inspection demonstrates that the treatment tank is filled
with solids (sludge and/or scum) in excess of 25% the liquid depth
of the tank, or if the occupant of the property uses a garbage disposal
or takes such other action which provides increased usage of the system,
to remove septage at that time. It is the responsibility of the property
owner to insure that septage is removed from the tank of the OLDS
in accordance with the requirements of this section.
B.
Maintenance of surface contouring and other measures
consistent with the regulations of the Department to divert stormwater
away from the treatment facilities and absorption areas and to protect
the absorption areas from physical damage.
C.
Following any operation and maintenance recommendations
of the manufacturer of the OLDS. If the OLDS is a nonstandard system,
additionally following the operation and maintenance recommendations
of the manufacturer of the denitrification unit or other nonstandard
equipment which is part of the OLDS.
D.
Discharging only domestic sanitary sewage into an
OLDS. The following types of waste shall not be discharged into an
OLDS:
(1)
Industrial waste.
(2)
Automobile oil, other nondomestic oil, grease, nonbiodegradable
soaps, detergents and/or inert materials, such as coffee grounds.
(3)
Toxic or hazardous substances or chemicals, including
but not limited to pesticides, disinfectants, acids, paints, paint
thinners, herbicides, gasoline and other solvents.
(4)
Clean surface or ground water, including water from
roof or cellar drains, springs, basement sump pumps, and french drains.
(5)
Vehicle wash water and other potentially contaminated
or clean run-off or stormwater.
(6)
Disposable products, such as diapers, tampons, and
similar materials.
(7)
Beauty shop waste other than a single-chair beauty
shop in conjunction with a residential use.
(8)
Abattoir or butcher shop waste.
All persons who own a lot which is served by
a community sewage system shall properly use such community sewage
system. The owner of the community sewage system shall properly maintain
the community sewage system. Proper maintenance of a community sewage
system shall include at a minimum:
A.
Inspection of the community sewage system by the Township
Sewage Enforcement Officer or by a sewage enforcement officer certified
by the Department on a bimonthly basis. If the inspection is performed
by a sewage enforcement officer other than the Township Sewage Enforcement
Officer, the property owner shall submit the inspection report prepared
and signed by the sewage enforcement officer to the Township within
one month after the date of inspection of the community sewage system.
All laboratory analyses required to he submitted by the Department
or the Department's regulations shall also be submitted simultaneously
to the Township to be reviewed as appropriate by the Sewage Enforcement
Officer or his designee.
B.
Removal of septage or sludge in accordance with Department
regulations and manufacturer specifications.
C.
Maintenance of surface contouring and other measures
consistent with the regulations of the Department to divert stormwater
away from the treatment facilities and absorption areas and to protect
the absorption areas from physical damage.
D.
Following any operation and maintenance recommendations
of the manufacturer of the community sewage system.
E.
Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in § 100-66D of this article shall not be permitted to be discharged.
Any person who owns a lot upon which an OLDS
or community sewage system is installed, any person who occupies a
lot upon which an OLDS or community sewage system is installed, any
person who owns a community sewage system, and any septage hauler
pumping out or otherwise maintaining an OLDS or community sewage system
shall report any malfunctioning of such OLDS or community sewage system
to the Township. Such report shall be made as soon as possible, but
in no case later than three days after discovery of the malfunction.
In addition to all other duties of the Sewage
Enforcement Officer set forth in this article, the Sewage Enforcement
Officer shall have the power and duty to enforce the provisions of
this article and to investigate any reports of malfunctioning OLDS
and community sewage system or evidence that an OLDS or community
sewage system may be malfunctioning which the Sewage Enforcement Officer
discovers. In performing these duties the Sewage Enforcement Officer
shall have the following powers:
A.
To conduct routine inspections of properties upon
which OLDS or community sewage systems are installed as part of an
administrative program to insure compliance with this article. Any
inspections shall be performed in accordance with all applicable statutes
and constitutional provisions.
B.
To make reports as requested by the Board regarding
maintenance of OLDS and community sewage systems in the Township and
to suggest actions which may be taken by the Board to insure proper
maintenance.
C.
To consult with the Township Engineer and the Township
Solicitor, as authorized by the Board, to assist in the enforcement
of this article.
A.
It shall be a violation of this article to commit
or permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter an OLDS or a community
sewage system prior to obtaining a permit or in a manner which violates
the terms and conditions of any permit.
(2)
To misuse or fail to maintain an OLDS or a community
sewage system.
(3)
To fail to report a malfunctioning OLDS or community
sewage system.
(4)
To fail to remedy a malfunctioning OLDS or community
sewage system.
(5)
To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 100-58 and 100-60 of this article.
(6)
To place false information on or omit relevant information
from an application for a permit.
(7)
To occupy or permit the occupancy of any structure
served by an OLDS for which a valid permit has not been obtained as
required by this article.
(8)
To occupy or permit the occupancy of any structure
served by a community sewage system for which a valid permit has not
been obtained as required by this article.
(9)
To fail to comply with any other provision of this
article.
B.
Any person who violates or permits the violation of
any provision of this article; or who shall use, maintain or alter
an OLDS or community sewage system in violation of any permit issued
by the Sewage Enforcement Officer; or who shall fail to remedy or
who shall negligently or improperly remedy any health hazard; or who
shall fail to completely implement a plan to remedy a health hazard
which has been reviewed and approved by the Sewage Enforcement Officer
shall be liable upon summary conviction therefor to fines and penalties
of not less than $100 nor more than $1,000 plus all costs of prosecution,
which fines and penalties may be collected as provided by law. All
fines and penalties collected for violation of this article shall
be paid over to the Township Treasurer. Each day that a violation
continues and each section of this article which is violated constitutes
a separate violation.
In case any improvement is constructed or any
lot maintained in violation of this article, or any OLDS or community
sewage system is installed, repaired, altered or modified prior to
obtaining a permit as required by this article or in a manner which
does not comply with such permit, or any OLDS or community sewage
system is not properly maintained or the malfunction of any OLDS or
community sewage system is not reported to the Township, in addition
to the other remedies provided by law, the Township may commence any
appropriate action or proceedings in equity to prevent such unlawful
construction of improvements or such unlawful maintenance of such
lot or the continued use of such OLDS or community sewage system.
A.
The following activities are hereby declared to be
nuisances:
(1)
Construction of improvements on the replacement location.
Such construction renders the replacement location useless and therefore
jeopardizes the water quality and other natural resources of the Township.
This harm to the water quality and other natural resources of the
Township is a danger to the health, safety and welfare of the residents
of the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code.
(2)
Installation, alteration or modification of an OLDS
or community sewage system without having obtained a permit as required
by this article and the regulations of the Department, or, if a permit
was obtained, in a manner which violates the terms of the permit.
(3)
Failure to maintain an OLDS or community sewage system
as required by this article.
B.
All of these actions result in pollution of the waters
of the Commonwealth and other natural resources of the Township and
constitute a danger to the health, safety and welfare of Township
residents. The actual expenses of the Township in the abatement of
such nuisances, plus an penalty in the amount of 25% of such expenses,
shall be filed as a municipal claim against the property.
Although this article is intended to provide
guidelines for the installation and maintenance of OLDS and community
sewage systems and the identification and maintenance of a replacement
location for OLDS, nothing contained herein shall be interpreted as
a guarantee or warranty to applicants or other Township residents
that systems installed under the provisions of this article will function
as intended. The Township assumes no responsibility for the location
and/or maintenance of OLDS or community sewage systems within the
Township.
Appeals from any action of the Sewage Enforcement
Officer under this article shall be made in writing to the Board of
Supervisors within 15 days from the date of the written determination
of the Sewage Enforcement Officer. All appeals shall be accompanied
by the appeal fee established by resolution or ordinance of the Board
of Supervisors.
A.
The written appeal shall specify the precise action
from which the appeal is taken and shall set forth in concise terms
the reason for the appeal and any legal authorities supporting the
appeal period.
B.
If the appellant desires a hearing before the Board,
the appellant must request a hearing in the written appeal.
C.
If a hearing is requested in writing, the Board shall
conduct the hearing at a regular or special public meeting which occurs
not less than 14 days after receipt of the written appeal. The hearing
shall be conducted in accordance with the provisions of the Local
Agency Law, 2 Pa. C.S.A. § 551 et seq.
D.
The Board shall render a decision on the appeal in
accordance with the provisions of the Local Agency Law.
Except as otherwise required by law, this article is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this article restates regulations contained in ordinances previously enacted by the Board of Supervisors, including but not limited to Chapter 100, Sewers, Article II, Individual Disposal Systems, §§ 100-11 through 100-18, of the Code of the Township of Mount Joy, this article shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Board that all provisions of this article shall he considered in full force and effect as of the date such regulations were initially enacted.
In the event any provision, section, sentence,
clause, or part of this article shall be held to be invalid, illegal,
or unconstitutional by a court of competent jurisdiction, such invalidity,
illegality, or unconstitutionality shall not affect or impair the
remaining provisions, sections, sentences, clauses, or parts of this
article, it being the intent of the Board that the remainder of the
article shall be and shall remain in full force and effect.
