[Adopted 2-19-2014 by Ord. No.896-13[1]]
[1]
Editor's Note: This ordinance also superseded form Art. III,
On-Lot Sewage Disposal Systems, adopted 8-7-2002 by Ord. No. 560-01.
The purposes of this article include:
A.
The regulation of the operation, rehabilitation, replacement and
timely ongoing maintenance of on-lot systems within the Municipality.
B.
The establishment of inspection procedures for on-lot systems.
C.
D.
Establishment of minimum standards for the periodic pumping of treatment,
dosing and lift-pump tanks that are components of on-lot systems permitted
by the SEO to help ensure proper operation.
E.
Adoption, by reference, of standards for pumping of systems and tanks.
The following words and terms when used in the Ordinance shall
have the following meanings:
A portion of a lot, tract or parcel that encompasses the
primary and replacement area and which shall be delineated and preserved.
The primary and replacement Areas need not be contiguous.
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.
A certified sewage enforcement officer (SEO), professional
engineer or sanitarian, plumbing inspector, soils scientist, water
quality coordinator, or any other person who is designated to carry
out the provisions of this article as the agent of the Council.
An individual sewage system located on a single lot serving
a single-family residence, where soil mottling is within 20 inches
of the mineral soil surface, and the installation, operation and replacement
of which is guaranteed by the property owner.
A system, whether publicly or privately owned, for the collection
of sewage or industrial wastes of a liquid nature from two or more
lots, and for the treatment or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
The Governing body of the Municipality of Murrysville, Westmoreland
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any person, partnership or corporation which erects or contracts
to erect a building or structure on property owned by it, with the
intent to sell the building to some other party upon its full or partial
completion, or upon the conveyance of property on which the building
is to be built.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial, or institutional establishment with sewage flows equal
to 400 gallons per day.
A method of on-lot sewage treatment and disposal not described
in the regulations, which is proposed for the purpose of testing and
observation.
An individual sewage system for collecting, treating and
disposing of sewage into a soil absorption area or retaining tank.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage using soil renovation through
spray irrigation.
An individual sewage system which uses a method of sewage
collection, conveyance, treatment and disposal other than renovation
in a soil absorption area, or retention in a retaining tank.
Any person, corporation, partnership, etc., holding deed
or title to lands within the Municipality.
The condition that occurs when on-lot system discharges partially
treated or untreated sewage to the ground or waters of the commonwealth,
causes contamination of private or public drinking water supplies,
creates a nuisance, or is a hazard to public health.
A soil color pattern consisting of patches of different colors
or shades of color interspersed with the dominant soil color that
results from prolonged saturation of the soil.
The duly appointed representative of the Municipality of
Murrysville.
The Municipality of Murrysville.
A revision to, or exception to the revision of, the official
plan, submitted in accordance with DEP regulations, and in connection
with the request for approval of a subdivision or land development
plan.
An area on a lot, tract or parcel of land that has been tested
by the SEO and found suitable, based upon the then current DEP site
requirements, for the installation of an on-lot sewage disposal system,
and which will be preserved and protected from alteration for installation
of the initial on-lot sewage disposal system for sewage generated
on that lot, tract, or parcel. (See "replacement area.")
Any entity which engages in cleaning any component of an
on-lot system and evacuates and transports the septage cleaned therefrom.
A person who engages in cleaning any component of an on-lot
sewage system and evacuates and transports the septage cleaned therefrom.
A form that must be prepared by pumper/hauler truck operators
to report and invoice pumping services of an on-lot system in the
Municipality.
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73 or
the then-in-effect regulations pertinent to on-lot treatment of sewage.
Work done to modify, alter, rehabilitate or enlarge an existing
on-lot system.
An area on a lot, tract or parcel of land, separate from
the primary area, that has been tested by the SEO and found suitable,
based upon the then current DEP site requirements, for the installation
of an on-lot system, and which will be preserved and protected from
alteration for potential future use if the primary area on the same
lot, tract, or parcel shall fail for any reason. (See "primary area.")
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any untreated or partially treated substance that contains
any waste products, excrement, or other discharge from the bodies
of human beings or animals.
A person certified by the Department of Environmental Protection,
who is appointed by the Council to administer the provisions of this
article, the provisions of Act 537, and the regulations in Pa. Code
Title 25, Chapters 71, 72 and 73 or then-in-effect regulations pertinent
to persons responsible for the proper treatment of sewage.
Any method of sewage collection, conveyance, treatment, and
disposal that will prevent the discharge of untreated or inadequately
treated sewage into the waters of this commonwealth, or otherwise
provide for the safe treatment and disposal of sewage or other waste.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
An on-lot system that uses the renovative capacity of the
soil for final treatment of the effluent. All SEO permitted systems,
except retention tank systems, are soil absorption systems.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include, as a lot, that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
Refers to both a machine and a maintenance process. For the
purposes of this article, the word "Terralift" applies to this and
all similar processes, including but not limited to "rejuvenator,"
and "soil blaster," which introduce material into the soil to increase
its porosity or percolation rate.
A device that injects plastic or similar small-diameter pellets
into the soil in the vicinity of an on-lot sewage disposal system's
absorption area. The machine is a patented product; the name is a
registered trademark.
A maintenance process by which small-diameter pellets of
plastic or a similar material are injected into the soil in the vicinity
of the absorption area of an on-lot sewage disposal system. The maintenance
process is intended to fracture the soil and establish porosity more
similar to the conditions that existed previously on the site.
A watertight tank designed to retain sewage long enough for
all required bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
A.
Any individual or community on-lot systems are subject to issuance
of a permit by the SEO pursuant to the requirements of this article,
the Act and regulations.
B.
Building and zoning permits shall not be issued for any building
or improvement to real property to be serviced by an on-lot system,
prior to receiving a permit for the installation of the on-lot system
from the SEO.
C.
All planning modules proposing individual or community sewage systems
which require a DEP permit shall include a provision granting the
Municipality and its agents the right to enter the premises to inspect
the construction and/or operation of the DEP-permitted system. If
the system is not being constructed or operated according to the permitted
design, a stop-work order shall be issued or the occupancy permit
shall be revoked until the construction or operation is brought into
compliance with the permit.
D.
No on-lot system shall be altered, extended, augmented, modified
or repaired without first obtaining a repair permit by the SEO.
E.
The use of a Terralift machine is hereby deemed by the Municipality
to constitute the alteration of an on-lot sewage disposal system.
Therefore, any activity using this system may only be undertaken after
a permit is issued by the SEO, Note: The Terralift process is not
recognized by the DEP as a repair procedure. The DEP only considers
the Terralift process as a maintenance process.
F.
No on-lot system shall be used or loaded in a manner that is inconsistent
with the permit that was issued to authorize that system's installation.
G.
Permit applications for on-lot systems that include electronically,
mechanically, hydraulically or pneumatically operated or controlled
devices shall include the respective manufacturer's recommended maintenance
schedule and product specifications.
H.
Permit applications for which the provisions of § 193-27 (Individual residential spray irrigation systems) apply shall include a fully executed maintenance contract indicating the person or company responsible to carry out the required maintenance, the maintenance schedule and a provision that the Municipality be notified if the contract is terminated.
A.
A replacement area shall be required for all proposed properties
that are intended to be serviced by an experimental sewage disposal
system.
B.
Appropriate soil testing must first be conducted to verify the suitability
of land for a replacement area as part of the application for installation
of an experimental sewage disposal system.
C.
The location of the primary and replacement areas shall be delineated
and identified as an absorption area on the plot plans, and maps or
diagrams shall be submitted as part of the permit application and
subdivision or land development plan.
D.
The description, including metes and bounds, of every absorption
area shall be recorded as part of the deed for each lot created as
part of a subdivision or land development, and shall contain language
reflecting the following, which shall be covenants running with the
land:
(1)
No improvement, whether permanent or temporary, shall be constructed
upon or within the absorption area.
(2)
No permanent or temporary alterations, grading, excavation, stockpiling
of any soil or any other material shall take place on or in the absorption
area.
(3)
During any construction or other activities, the absorption area
shall be so marked to prevent equipment with greater wheel loadings
than a common garden tractor/riding mower from traveling over or operating
upon the surface of the absorption area.
(4)
The final cover or improvement to every absorption area shall be
limited to shallow-rooted plant matter.
(5)
Release of these deed covenants requires prior written consent of
the Municipality of Murrysville.
E.
A landowner wishing to alter the use of the absorption area must
first document, through a site evaluation by the SEO that an additional
area suitable for the installation of an on-lot system exists on a
property. The landowner must provide the following information as
part of their application to alter the absorption areas:
A.
All applications for on-lot systems which propose to use an individual
residential spray irrigation system (IRSI system) as the treatment
method shall be accompanied by one of the following:
(1)
A maintenance agreement between the landowner and an individual,
firm or corporation experienced in the operation and maintenance of
sewage treatment systems.
(2)
A maintenance agreement between the landowner and an association,
trust or other private entity that is structured to, and which accepts,
the responsibility for proper operation and maintenance of the IRSI
system.
C.
The financial guarantee, in a form acceptable to the Municipality,
shall ensure that the Municipality has access to sufficient funds
to operate, maintain, repair or replace any component of the IRSI
system in the event that the owner:
(1)
Fails to maintain the system or any of the system's components according
to the manufacturer's specifications; or
(2)
Fails to service, clean, inspect and/or pump the treatment tank(s)
according to the other applicable standards of this article; or
(3)
Fails to conduct testing and monitoring at least annually, or more
frequently if required by DEP regulation, and report the results of
any laboratory analysis to the Municipality; or
D.
From the date the permit application is submitted to the SEO or Municipality
and continuing for a period ending two years after the date the system's
installation is approved by the SEO, the financial assurance, in a
form acceptable to the Municipality, shall be in an amount not less
than 50% of the actual contract price between the landowner and the
selected contractor for the installation of the IRSI system and all
piping, tanks and other related system components.
E.
Beginning two years after the date the system's installation is approved by the SEO and continuing for the system's design life, the financial assurance, in a form acceptable to the Municipality, shall be reduced to an amount not less than 10% of the contract price as identified in § 193-27D.
F.
The financial guarantee shall be forfeited by the landowner and the
Municipality shall apply the funds to the repair, operation or maintenance
of the system when:
(1)
The system is not maintained according to the standards of this article,
applicable DEP regulations or the manufacturer's specifications; or
(2)
The treatment tank(s) are not serviced, cleaned, inspected and/or
pumped according to the applicable standards of this article; or
(3)
The testing and monitoring are not conducted according to the standards
of this article, applicable DEP regulations or the manufacturer's
specifications; or
G.
After forfeiture of a financial guarantee, any deficiency in such
fund shall be the financial responsibility of the landowner. Any excess
funds shall be applied first toward the cost of a new financial guarantee
for the subject property, and the balance then refunded to the property
owner.
A.
The landowner upon whose land an on-lot system is constructed shall
at all times operate and maintain the on-lot system so that it functions
in the manner in which it was designed and prevents the unlawful discharge
of sewage.
B.
The landowner upon whose land an on-lot system is constructed shall
maintain the area around such system so as to provide convenient access
for inspection, maintenance and pumping, and shall divert surface
water and downspouts away from the absorption area and system components.
C.
The users of an on-lot system are encouraged to use water conservation
devices to reduce hydraulic loading to the on-lot sewage disposal
system.
D.
If the landowner detects conditions that indicate or could reasonably
be interpreted to indicate a malfunction, the landowner shall contact
the SEO and, if repair or replacement is necessary, apply for a permit
to repair or replace the malfunctioning system.
(1)
Landowners who disclose to the SEO the presence of a malfunction
upon their lands shall not be penalized for the disclosure.
(2)
If a landowner that has disclosed the presence of a malfunction fails
to make voluntary repairs, the Municipality may seek injunctive or
other relief to compel the repair of the malfunction or cause the
repair to be effectuated at the owner's cost.
E.
Every aerobic or septic treatment tank that discharges effluent to a soil absorption area or to an IRSI shall be pumped out according to the schedule in § 193-33 of this article. If a component's manufacturer requires a more frequent pumping interval than contained in this article, that interval shall be deemed the minimum interval for pumping.
F.
When an on-lot system's treatment tank is pumped out, all dosing
tanks, lift tanks and other tanks associated with the system shall
also be pumped out, if required.
H.
Inspections at the time of pump-out shall be limited to the tank
component and obvious surface malfunctions. Persons undertaking the
inspection of the tank and any surface malfunction at the time of
pump-out shall be currently certified under the On-lot Wastewater
Treatment System Inspector Program of the Pennsylvania Septage Management
Association.
I.
Tank pumping shall be performed to the following minimum standards
unless the equipment manufacturer specifies other standards:
(1)
At all times, the pumper truck operator's personal safety, as well
as protection of the environment and the landowners' property, shall
receive the highest priority.
(2)
Tanks shall ONLY be pumped from/through the manhole/access port.
(3)
Tanks shall NOT be pumped from/through the observation ports.
(4)
Where necessary to break up solids, backwashing with clean water
or material of a similar nature already on board the pumper truck
may be employed. Mechanical means (scraping, raking, etc.) are NOT
necessary, but may be employed provided that appropriate safeguards
are taken to prevent injury.
(5)
When backwashing, care shall be taken NOT to fill/refill the tank
to a level greater than 12 inches below the elevation of the outlet
pipe.
(6)
No liquids or solids are to be discharged into/through the outlet
pipes.
(7)
Tanks shall be deemed to be clean when all organic solids are removed
and the total average liquid depth remaining in the tank is less than
one inch.
(8)
Every pump-out shall include a visual inspection of the interior
of the tank. The inspection shall include a determination regarding
the presence of baffles and their condition, as well as the physical
condition of the treatment tank. Presence and condition of observation
port(s) shall also be reported.
(9)
At all times, and in all phases of operations, pumper businesses
and equipment operators shall comply with all laws and regulations
regarding the activities associated with on-lot wastewater system
maintenance and disposal of materials removed therefrom.
(10)
Where the Municipality requires documentation of pump-out and
tank and site conditions, the pumper shall not be prevented by the
landowner from complying with Municipal requirements. A copy of any
report sent to the Municipality shall also be provided to the landowner.
J.
Any person owning a building served by an aerobic treatment tank or an on-lot system, which includes any electrically, mechanically, hydraulically or pneumatically operated or controlled device, shall follow the maintenance recommendations of the equipment's manufacturer. In no case may the service or pumping intervals exceed those established in § 193-33 of this article.
K.
At the time of pumping, the pump/haul/dispose report shall include
the following minimum information:
(1)
Date of pumping.
(2)
Name and address of landowner.
(3)
Name of current occupant.
(4)
Property address where tank is located, if different from owner's
address.
(5)
Last date of pump-out.
(6)
Amount (gallons) of septage, sludge, or other material removed.
(7)
DEP permit number and site name for destination of the septage.
(8)
Pumper truck operator's and pumper business owner's signature.
A.
All systems shall be operated by the user in a manner that is in
full compliance with the terms of this article, the Act, regulations
and the system's permit.
B.
Only sanitary waste and normal domestic wastes shall be discharged
into any sewage facilities.
C.
D.
All water used within a residence, including kitchen and laundry
wastes and water-softener backwash, and all sewage shall be discharged
into a treatment tank.
E.
No sewage system shall discharge untreated or partially treated sewage
to the surface of the ground or into the waters of the commonwealth.
A.
All permits for the installation of on-lot systems shall be conditioned upon a right of entry binding the landowner, his heirs, successors and assigns, and in favor of the Municipality, its successors and assigns, for the limited purpose of inspecting, maintaining, sampling, testing, evaluating or repairing the on-lot system described in the application and permit. The right of entry is subject to the limitations noted under Subsection D.
B.
Any property on which an on-lot system presently exists, or upon which an on-lot system is under construction, shall also be subject to a right of entry in favor of the Municipality, its successors and assigns, for the above-mentioned limited purposes, with respect to the on-lot disposal system described in the application and permit, or as to the then-existing system on the property. The right of entry is subject to the limitations noted under Subsection D.
C.
This right of entry cannot be revoked, suspended or discontinued
by the present or any future landowner so long as an on-lot system
is being utilized on the property.
D.
E.
Upon a landowner's failure to permit entry upon their property under
such circumstances, the Municipality may exercise its right of entry
by obtaining a search warrant for such purposes, and/or obtaining
civil enforcement from a court of competent jurisdiction for inspection
and full compliance with the requirements of this article.
F.
No provision of this article shall require notice to be given before
entry when a SEO has witnessed a malfunctioning or improperly operated
system and such violations are in plain view and within the scope
of the Open Fields Doctrine.
G.
In the event that the on-lot system is abandoned and not replaced
by another on-lot system, and all sewage is collected and treated
at a site not on the lot, the Municipality's right of entry to that
property shall cease upon confirmation of such event.
A.
All pumper/hauler businesses shall:
(2)
Operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101-6018.1003)
or its then-current equivalent.
(3)
Provide documentation that all septage pumped from properties within
the Municipality will be delivered to a DEP approved site within the
commonwealth.
Where inspections are required, Council, by amendment to current
fee ordinances, shall establish a fee schedule and collect fees to
cover the Municipality's actual costs of administering this article.
A.
Landowners with on-lot sewage disposal systems are required to initially
inspect their system within one year of passage of this article then
annually thereafter.
B.
Upon inspection, if the treatment tanks are filled with solids in
excess of 1/3 of the liquid depth of the tank or with scum in excess
of 1/3 of the liquid depth of the tank then the tank must be pumped.
C.
The landowner shall maintain a copy of the pump/haul dispose report.
A copy of this report must be provided to the municipal SEO if requested.
D.
This article is NOT an instruction to reduce the frequency of pumping
and should not be construed as such. This article establishes the
minimum pump-out requirement for all treatment tanks that do not exhibit
characteristics that indicate more frequent pumping is required.
E.
Landowners may choose to have tanks pumped out more frequently.
F.
Inspections, when deemed appropriate by the Municipality of Murrysville, shall be in accordance with the inspection procedures established in § 193-28 of this article and may also include, but are not limited to:
(1)
Taking of samples from surface water, wells and other groundwater
sources.
(2)
Sampling of the contents of the sewage disposal system.
(3)
Introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and/or ultimate destination
of wastewater generated in the structure.
G.
In the event that a landowner fails to meet the pump-out requirement in § 193-33B of this article or the SEO has either witnessed or received reports of a malfunctioning system or a system being operated improperly, the Municipality's SEO shall have the right to enter said property upon advance notice to the landowner under the guidelines at Subsections H, I and J of § 193-33 for the purpose of conducting inspections as detailed by this article.
H.
Prior to entry for inspection, the Municipality shall give advance
notice to the landowner of a property to enable the landowner to be
represented at the time of entry. Either a landowner or an adult occupant,
with express or implied authority to act on the landowner's behalf,
and who is present on the property at the time a request to enter
is made by the SEO, may waive landowner's right of advance notice.
I.
Advance notice shall be given at least 48 hours prior to entry, unless
waived, and shall be by any of the following:
(1)
Telephone.
(2)
A written notice posted at the entrance to the structure or other
place where it is likely to be seen by the owner or occupant.
(3)
If the property appears to be vacant, notice shall be given by certified
U.S. mail to the owner of record, at the last known address that appears
in the records of the Westmoreland County Tax Assessor's Office.
J.
In the event that access to inspect the property is denied, the Municipality
shall proceed according to law to obtain a search warrant and conduct
the inspection established in this article, and/or obtain civil enforcement
from a court of competent jurisdiction for such inspection and full
compliance with the requirements of this article.
K.
No provisions of this article shall require notice to be given before
entry, when the SEO has witnessed a malfunctioning system or a system
being operated improperly, and which violations are in plain view
and within the scope of the Open Fields Doctrine allowing for a warrantless
inspection.
A.
Upon written notice from the SEO that an imminent health hazard exists
due to failure of a landowner to properly operate, maintain, repair
or replace an on-lot system as provided under the terms of this article,
the Council shall have the authority to perform, or contract to have
performed, any repairs as may be directed by the SEO to abate the
health hazard.
B.
The costs for the actual repair, repair permit and site investigations
in support of the permit, in addition to any legal fees, shall be
borne by the property owner.
C.
The Municipality may take whatever action necessary to recover these
costs in accordance with law, including entering a lien against the
property.
D.
The Municipality may seek injunctive relief to prevent continued
use of a malfunctioning on-lot system.
A.
The Municipality shall compel corrective action whenever a malfunction
is identified.
(1)
The Municipality shall issue a written notice of violation to any
landowner in the Municipality on which is found a malfunctioning on-lot
system, or on which raw or partially treated sewage is discharged
without a permit.
(2)
Within seven days of notification by the Municipality that a malfunction
has been identified, the landowner shall make application for a repair
permit to abate the malfunction.
(3)
Within 30 days of the original notification by the Municipality,
construction of the permitted repair or replacement shall commence,
unless seasonal or unique conditions mandate a longer period, in which
case the Municipality shall set an extended commencement date.
(4)
Within 60 days of the original notification by the Municipality,
the construction shall be completed, unless seasonal or unique conditions
mandate a longer period, in which case the Municipality shall set
an extended completion date.
B.
The Municipality shall compel, or may take, immediate corrective
action whenever a malfunction represents a public health hazard or
environmental threat.
C.
The Municipality's SEO shall require the repair of malfunctions by
any of the following methods, either individually or in combination,
which are consistent with the DEP's policies regarding best technical
guidance (BTG):
(1)
Cleaning.
(2)
Repair or replacement of components of the existing system.
(3)
Adding capacity or otherwise altering or replacing the system's treatment
tank.
(4)
Expanding or replacing the existing absorption area.
(5)
Replacing a gravity distribution system with a pressurized system.
(6)
Installation or replacement of existing water consuming devices,
fixtures or equipment with water conserving devices, fixtures or equipment
and/or the institution of water conservation practices.
(7)
Limiting or eliminating the use of laundry facilities.
(8)
Other alternatives as appropriate for the specific site to lessen
or mitigate the malfunction to the greatest extent possible.
(9)
Participation in a mandatory pumping program established by the SEO
based on the severity of the malfunction.
D.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing on-lot system, the landowner
is not absolved of responsibility for any negative effects caused
by the malfunction.
A.
It shall be illegal to commence construction of a structure which
will be served by an on-lot system without first obtaining a permit
for the system.
B.
It shall be illegal to construct, alter or repair an on-lot system
without first obtaining a permit for the installation or repair from
the SEO.
C.
It shall be illegal to fail to maintain the components of or fail
to inspect an on-lot system at the intervals specified in this article,
or those specified by the equipment manufacturer.
D.
It shall be illegal for a landowner to fail to file the necessary
reports in a timely manner, if requested.
E.
Any person who violates any of the provisions of this article shall
be subject to prosecution by the Municipality and, upon conviction
before a District Justice, shall be guilty of a summary offense and
be subject to a fine of not less than $500 nor more than $5,000 plus
costs of prosecution.
F.
Each day of a continuing violation shall be considered a new and
separate violation of this article and shall be subject to separate
penalty.
G.
Any pumper/hauler business which has been convicted on two occasions
for violations of this article, or which fails to comply with any
of the provisions of this article, or which violates the conditions
of its DEP permit relating to the handling, treatment or dispositation
of septage materials, or of any state law or Municipality ordinance
governing its operation, shall be barred from operating within the
Municipality for a period of not less than six months nor more than
two years, as determined by the Council.
