[Adopted 8-13-1971 by Ord. No. 1971-11 (Ch. 18, Part 4, of the 1990 Code); amended in its entirety 12-5-2007 by Ord. No. 2007-8]
This article shall be known as and may be referred to as the Swatara Township "On-Lot Sewage Disposal System (OLSDS) Management Ordinance."
The purpose of this article includes:
Regulation of the installation, inspection, operation, rehabilitation, replacement and timely ongoing maintenance of OLSDSs within the Township;
Establishment of provisions and safeguards for the Township which enable the issuance of permits for OLSDSs by and through the Sewage Enforcement Officer (SEO);
Registration of pumper/hauler businesses that remove and dispose of septage;
Establishment of minimum standards for the periodic pumping, treatment, dosing and lift-pump tanks which are components of OLSDSs;
Adoption of standards for inspection and pumping of systems and tanks; and
Provision for the Township to take action to correct conditions which are declared public nuisances or hazards to the public health.
As mandated by the municipal codes, the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001), and 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., known as "Act 537"], municipalities have the power and the duty to provide adequate sewage treatment facilities for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Board of Commissioners recognizes that individual and community OLSDSs constitute a valid and approved manner of protecting the quality of the water and other natural resources of the Township through proper treatment of wastes generated by certain development within the Township. The use of OLSDSs must be regulated in accordance with the regulations promulgated by the Pennsylvania Department of Environmental Protection (DEP), which pertain to the location and permitted types of OLSDSs. In addition, the Township has determined that, should the OLSDSs installed by a landowner fail, thereby endangering the health and welfare of the residents and visitors, the Board of Commissioners desires to require that all landowners provide and set aside areas for the installation of replacement individual OLSDSs.
It is the further intent of the Board of Commissioners to insure that OLSDSs are properly maintained. Failure to maintain an OLSDS can eventuate into a pollution of the groundwater and other natural resources of the Township. OLSDSs must be pumped on a regular basis to ensure such maintenance is performed. In order to determine that OLSDSs within the Township are being maintained properly, all landowners using OLSDSs shall file manifests with the Township concerning such service. The pumpers/haulers shall also be required to report any OLSDS to the Township which is polluting groundwater, surface waters or discharging sewage to the surface of the ground.
Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code, as promulgated by the DEP, are hereby adopted as the sewage permit application and installation procedure of the Township, and each and all of the regulations contained in the said chapters are hereby adopted by the Township, except as specifically modified by this article. It is the intent of the Board of Commissioners to adopt automatically, without further action of the Board, all subsequent amendments and revisions to the said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt the said chapters as they existed on the effective date of this article.
General terms. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
Specific terms. For the purposes of this article, the terms used shall be construed to have the following meanings:
- 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.
- ALTERNATIVE SYSTEM
- A system for the disposal of domestic wastewaters not operating below ground level but located on or near the site of the building or buildings being served (e.g., composting toilets, gray water recycling systems, incinerating toilets, spray irrigation and black water recycling systems, etc.).
- Swatara Township Authority, a Pennsylvania municipality authority.
- AUTHORIZED AGENT
- A licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Commissioners of Swatara Township to carry out the provisions of this article.
- The Board of Commissioners of the Township of Swatara, Dauphin County, Pennsylvania.
- A covered pit with open-jointed lining which receives the sewage or other organic wastes directly from a building drain or building sewer. The pit retains the solid wastes and allows the liquid waste to pass through its bottom and sides.
- COMMUNITY SEWAGE SYSTEM
- Any system, whether publicly or privately owned, which collects sewage from two or more lots or uses, and the treatment and/or disposal of the sewage occurs on one or more of the lots or at any other site which complies with all applicable regulations of the DEP.
- The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
- GRAY WATER
- Used water from a laundry, bath, or kitchen sink.
- INDIVIDUAL SEWAGE SYSTEM
- Any system of piping, tanks, or other facilities serving a single residential unit and collecting and disposing of sewage, in whole or in part, into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
- LAND DEVELOPMENT
- Any of the following activities:
- (1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
- (b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
- (2) A subdivision of land.
- (3) Development in accordance with Section 503(1.1) of the Municipalities Planning Code (Act 170 of 1988, as amended).
- A designated parcel, tract, or area of land established by a plot or otherwise as permitted by and to be used, developed or built upon as a unit.
- MANAGEMENT PROGRAM
- The management program shall encompass the entire area of Swatara Township where public sewage disposal service is not available and wastewater service is provided by OLSDS or any other alternative system which discharges into the soils of the Township or the waters of the commonwealth. All systems shall be operated under the jurisdiction of the Township and other applicable laws of the Commonwealth of Pennsylvania.
- OFFICIAL SEWAGE FACILITIES PLAN
- A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by DEP in accordance with the Act and with applicable DEP regulations.
- ON-LOT SEWAGE DISPOSAL SYSTEM (OLSDS)
- Any sewage system disposing of sewage, in whole or in part, into the soil of the lot it serves or any waters of the Commonwealth of Pennsylvania.
- Any person vested with ownership, legal or equitable, sole or partial, of any owned property.
- Any individual, company, association, society, trust, corporation or other group or entity.
- PLANNING MODULE FOR LAND DEVELOPMENT
- A revision to, or exception to the revision of, the official sewage facilities plan of the Township, submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.
- The discharge of raw or partially treated sewage to the surface water, groundwater, or surface of the ground.
- PRIMARY AREA
- 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 OLSDS and which will be preserved and protected from alteration for installation of the initial OLSDS for sewage generated on that lot, tract, or parcel.
- A person who engages in cleaning any or all components of a community or individual OLSDS and evacuates and transports the sewage cleaned therefrom, whether for a fee or free of charge, and is certified by the Pennsylvania Septic Management Association to perform on-lot management treatment inspections.
- PUMPER/HAULER BUSINESS
- Any sole proprietor, company, partnership or corporation which engages in cleaning any or all components of a community or individual OLSDS and evacuates and transports the sewage cleaned therefrom, whether for a fee or free of charge.
- PUMPER'S REPORT
- A form, provided by the Township, which shall be used by all pumpers/haulers to report every pumping of an OLSDS in the Township.
- Work done to modify, alter, repair, enlarge or replace an existing OLSDS.
- Work done to modify, alter, rehabilitate or enlarge an existing OLSDS.
- REPLACEMENT AREA
- An area designated as the future location of an OLSDS that shall be installed should the initial OLSDS fail or otherwise become inoperable. The area shall meet all the regulations of DEP and all applicable Township articles for an OLSDS.
- The residual scum, sludge and other materials pumped from septic or aerobic treatment tanks and the systems they serve.
- Any substance that contains gray water, waste products, excrement or other discharge from the bodies of human beings, or any noxious or deleterious substance harmful to public health, to animal or aquatic life, to the use of water for domestic water supply or recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 94), known as the "Clean Streams Law," as amended.
- SEWAGE ENFORCEMENT OFFICER (SEO)
- A person certified by the State Board for the Certification of Sewage Enforcement Officers, who is appointed by the Board to administer the provisions of this article, the provisions of the Act, and the regulations in Pa. Code Title 25, Chapters 71, 72 and 73.
- SEWAGE FACILITIES
- Any method of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of the commonwealth or otherwise provide for the safe and sanitary treatment of sewage.
- The division or redivision of a lot, tract or parcel of land, by any means, into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
- The Township of Swatara, Dauphin County, Pennsylvania, a Pennsylvania municipality, acting by and through its Board of Commissioners and, in appropriate cases, acting by and through its authorized representatives.
- TREATMENT TANK
- A watertight tank designed to retain sewage long enough for satisfactory bacterial decomposition of the solids to take place. The term includes the following:
SEPTIC TANK — A treatment tank that provides for anaerobic decomposition of sewage prior to its discharge.
AEROBIC SEWAGE TREATMENT TANK — A mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its point of discharge.
All other definitions of words and terms used in this article shall have the same meanings as set forth in Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, DEP.
From the effective date of this article, its provisions shall apply to all persons owning any property serviced by an individual or community OLSDS and to all persons installing, repairing or rehabilitating such systems. The aforesaid notwithstanding, the Board of Commissioners may, in its sole discretion, provide a grace period for implementation of the provisions of this article to persons who will be required to connect to the Township's community sewer collection and treatment system.
No person shall install, construct or alter an individual sewage system or community sewage system or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit from the Sewage Enforcement Officer of Swatara Township, indicating that the site, plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.) and the rules and regulations adopted by the Department of Environmental Protection pursuant thereto. A permit shall be required regardless of the size of the lot or tract of ground on which the building or structure is to be constructed, altered or occupied.
No person, firm or corporation shall construct, alter or extend any individual or community sewage disposal system within the Township of Swatara, Dauphin County, Pennsylvania, unless he/she holds a valid permit issued by the person or officer charged with the issuance thereof. Permits shall be issued, if they comply with the Pennsylvania Sewage Facilities Act and the rules and regulations issued in connection therewith, upon the payment of a fee as designated by the Commissioners of Swatara Township. The term "individual sewage disposal system" shall mean one system per residential unit. "Community sewage disposal systems" shall mean sewage disposal units as described in the rules and regulations of the Department of Environmental Protection, and permits therefor shall be issued upon the payment of a fee as designated by the Commissioners of Swatara Township.
Appeals from a refusal to grant permits and inspection of installations of individual or community sewage disposal systems shall be as provided by the Pennsylvania Sewage Facilities Act and the rules and regulations as promulgated thereunder, a copy of which shall always be kept at the office of the Secretary of the Township of Swatara, Dauphin County, Pennsylvania, where the same may be inspected during office hours.
The SEO of Swatara Township shall issue permits, review permit applications and sewage facilities planning modules and conduct investigations and inspections necessary to implement the Sewage Facilities Act and the regulations thereunder. More specifically, duties of the SEO shall include the following:
Issue, deny or revoke septic system permits in accordance with state regulations and standards.
Review soil profiles (deep probes) and percolation tests.
Inspect newly installed systems to ensure proper installation.
Conduct initial septic system site investigations to document conditions, determine the causes of malfunctions, and decide the extent of the repair needed to resolve septic system malfunction problems.
Issue a notice of violation to the responsible property owner for a failed septic system and issue a sewage permit application for the proper system repair.
Issue the responsible property owner a permit to repair or replace the malfunctioning system after any necessary site testing has been done and an acceptable system design has been submitted.
Any person who shall install a new OLSDS shall use underground warning tape to identify the location of all treatment tanks and appurtenances. The underground warning tape shall be buried six inches below finished grade. The underground warning tape shall be magnetic polyethylene tape, three inches in width, with a minimum lettering of one inch.
In addition, a manhole riser and cover shall be installed on all new septic tanks to enable easy access. The riser shall bring the cover to the surface or to within 12 inches of the top of grade. A mechanism to prevent unlawful entry shall be installed on the cover if it is brought to the surface.
A replacement area for an individual or community OLSDS shall be provided for all new lots which are not serviced by public sewer. Lots that are served by an OLSDS that existed prior to the effective date of this article shall be exempt from the requirements of this subsection.
The replacement area provided shall comply with the Act, with all regulations issued by DEP concerning OLSDS, including isolation distances, and with the terms of this article and any other applicable Township articles.
Identification of replacement area.
Each applicant who shall submit a plan for subdivision or land development or who shall request approval of a planning module for land development or the adoption of a revision, planning exemption, or supplement to the official sewage facilities plan shall demonstrate to the satisfaction of the SEO that a functional OLSDS and a suitable replacement area exists on the residual lot. To confirm the suitability of the primary area and replacement area, the SEO shall perform or observe all soil tests required in Chapter 73 of the Act for the location of an OLSDS.
The location of the initial OLSDS and the replacement area(s), as confirmed by the SEO, shall be identified on a plot plan and diagram submitted as part of the permit application.
If the application is for subdivision or land development plan approval or as part of a request that the Township approve a planning module for land development to amend its official sewage facilities plan, or approval of a request for a planning exemption to the revision of the official sewage facilities plan, the location of each initial OLSDS and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note shall also be added to the plans stating that no improvements shall be constructed upon the primary area and replacement area, with the exception of those identified in Subsection C herein below.
An owner may submit a written request for planning exemption to submit a sewage facilities planning module for any new lot using the application mailer as provided for by the Act; said request must be approved by the Township and the DEP.
Any revisions to a permit or plan affecting a replacement area which previously has been approved pursuant to the provisions of this article shall be reviewed for approval by the SEO and forwarded to the Board of Commissioners and the owner for final approval.
The site for the primary area and replacement area shall be protected and a note added upon the plan stating that no permanent or temporary improvements of any character, other than shallow-rooted plant matter, shall be constructed upon the identified suitable on-lot sewage disposal test areas. Movable structures (without foundations), such as sheds, fences, and animal shelters, may be placed in the replacement area.
This provision shall be enforced by the Township unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area, which complies with all applicable regulations of DEP, this article and all other applicable Township articles, exists upon the lot. If an alternate replacement area is identified, the alternate replacement area shall be designated the replacement area required by this article. The owner shall provide a revised plot plan to the Township showing the location of the new replacement area.
The replacement area may consist of an area set aside for any OLSDS that is acceptable to the DEP.
All OLSDS shall be operated by the owner in a manner that is in full compliance with the terms of this article, the DEP Regulations, and the system's permit.
Only sewage shall be discharged into an OLSDS.
The following shall not be discharged into any individual or community sewage system:
Motor oil, gasoline and fuel oil.
Fats and grease.
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and French drains.
In accordance with § 73.11(c) of the Pennsylvania Code, Title 25, DEP, Chapter 73, kitchen and laundry wastes and water softener backwash shall be discharged to a treatment tank.
The owner of a property upon which an OLSDS is located shall at all times operate and maintain the system in such condition as will permit it to function in the manner in which it was designed and to prevent the unlawful discharge of sewage.
The owner of a property upon which an OLSDS is located shall maintain the area around such system so as to provide convenient access for inspection, maintenance and pumping.
In the event an owner detects conditions that indicate or could reasonably be interpreted to indicate the OLSDS is not operating properly, the owner shall contact the SEO and, if repair or replacement is necessary, apply for and obtain a permit to repair or replace the system.
Every treatment tank or cesspool shall be pumped out according to the pumping schedule in § 231-21.14B 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.
When a treatment tank is pumped out, all dosing tanks, sand filter tanks, lift tanks and other tanks associated with the system shall also be pumped out.
The Township is hereby divided into three districts, designated as Districts 1, 2 and 3 as illustrated on the On-lot Sewer Management District Map, which is incorporated by reference into this article as Appendix 1, and as may be amended from time to time.
Editor's Note: Appendix 1 is on file in the Township offices.
Every OLSDS in the Township shall be inspected and every treatment tank or cesspool associated with every OLSDS shall be pumped at least one time according to the following district and pumping schedule:
[Amended 4-9-2008 by Ord. No. 2008-4]
After the initial pumping/inspection, all treatment tanks or cesspools in an OLSDS shall continue to be pumped out at a minimum regular interval of once every three years from the year of either the initial pumping or a subsequent pumping. Treatment tanks that have been subject to more frequent pumping, by the nature of their size, loading rate or other system characteristics, should continue to receive that frequency of pumping.
The Township may allow treatment tanks to be pumped out at less frequent intervals when the owner can demonstrate to the Township that the property the OLSDS serves is not occupied on a full-time basis, or for other acceptable reasons. Such a request may be made at any time and must be in writing. The Township, in making its determination, shall take into account the information submitted by the applicant, the sewerage permit issued by the SEO, and any other supporting documentation or information. The Township may also conduct an on-site inspection of the OLSDS to verify its current condition. The applicant shall bear the cost of any inspection or soil and water sampling conducted for the purposes of evaluating the request.
The required pumping frequency may be increased at the discretion of the Township if the treatment tank is undersized, if solids buildup is above average, if the hydraulic load on the system increases significantly, if a garbage grinder is used, if the system malfunctions, or if the treatment tank is 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. If an owner can submit written proof that their treatment tank had been pumped within one year of the date set forth in Subsection C hereinabove, then the Township may delay, change or alter that owner's initial required pumping schedule to conform to the general three-year frequency.
Each pumper/hauler shall have a person, certified by the Pennsylvania Septic Management Association, present during the initial and subsequent pumping to inspect, observe, confirm and report on the condition of the OLSDS.
The pumper's report shall be on a Township-provided form, which is incorporated by reference into this article as Appendix 2, and as may be amended from time to time without the requirement to amend this article. The pumper's report shall include the required information as outlined on Appendix 2.
Editor's Note: Appendix 2 is included at the end of this chapter.
Should the pumping/inspection reveal that the OLSDS is polluting the groundwater or surface waters or discharging to the surface of the ground, the pumper/hauler shall notify the Township, who shall notify the owner to take corrective action of the pollution.
In the event that an owner fails to carry out the requirements for the initial or subsequent pumping/inspection, the SEO shall have the right to enter upon land for the purpose of conducting inspections required by this article.
The SEO shall make an effort to contact the owner, current tenant, or both, in writing, prior to conducting the inspection. The notice shall include the date and time of the inspection and the reason for the inspection. If the owner or tenant cannot be reached and, in the judgment of the SEO, there is an immediate and substantial safety, water pollution or health hazard, the SEO may enter upon the property and proceed with the inspection of the OLSDS.
No provision of this article shall require notice to be given before entry where it can be observed from a public street or abutting property (with the consent of the abutting property owner) that an OLSDS is polluting.
Any OLSDS or an alternative system which contains an aerobic sewage treatment tank shall follow the operating and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the Township within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations.
The Township may require additional maintenance activity as needed, including, but not necessarily limited to, cleaning and unclogging of piping; servicing and repair of mechanical equipment; leveling of distribution boxes, tanks and lines; removal of obstructing roots or trees; and diversion of surface water away from the disposal area. Repair or rehabilitation permits issued by the SEO must be secured before these activities are commenced.
No person shall operate or maintain an OLSDS in such a manner that it causes pollution. All liquid wastes, including bathroom, kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage facility shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from the DEP.
The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by an OLSDS which is discharging raw or partially treated sewage to the surface water, groundwater or surface of the ground.
Within seven days of notice of violation by the Township that pollution has been identified, the owner shall make application to the Township's SEO for a repair or rehabilitation permit to abate the pollution. Within 90 days of the original notification by the Township, construction of the permitted repair or rehabilitation shall commence. Within 120 days of the original notification by the Township, the repair or rehabilitation shall be completed, unless seasonal or unique conditions mandate a longer period, in which case the Township may set an extended completion date.
The Township shall compel, or may take, immediate corrective action whenever the pollution represents a public health hazard or environmental threat. In the event the Township, or its agents or contractors, takes such corrective action, the owner of the property shall be charged for the costs of work, and related expenses, performed by the Township, or its agents or contractors, which costs shall become a lien on the property and shall be recovered and collected by the Board of Commissioners by the filing of a municipal claim in relation to the property, reducing said claim to judgment and executing upon such judgment, or by instituting a suit to recover such costs or expenses to be charged against the property as a lien or against the person or legal entity as a personal judgment.
The Township's SEO shall have the authority to require the repair or rehabilitation of any pollution by the following methods: cleaning, repair or replacement of components of the existing system; adding capacity or otherwise altering or replacing the system's treatment tank; expanding the existing disposal area; replacing the existing disposal area; replacing a gravity distribution system with a pressurized system; or other alternatives as appropriate for the specific site, in accordance with the Act.
In lieu of or in combination with the remedies described in Subsection E, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures having an OLSDS. Water-using devices and appliances in the structure may be retrofit with water-saving appurtenances, or they may be replaced by water-conserving devices and appliances. Wastewater generated in the structure may also be reduced by water usage patterns in the structure served.
In the event that the repair or rehabilitation measures in Subsections A through F are not feasible or do not prove effective, the Township may require the owner to apply for a permit to install a holding tank in accordance with Township Article IVA. Upon receipt of said permit, the owner shall complete the installation of the holding tank within 90 days, unless seasonal or unique conditions mandate a longer period, in which case the Township may set an extended completion date.
The Township, upon written notice from the SEO that an imminent health hazard exists due to failure of an owner to maintain, repair or rehabilitate an OLSDS as provided under the terms of this article, shall have the authority to perform or contract to have performed the work required by the SEO. The owner shall be charged for the work performed, including the costs of the work and related expenses, which costs shall become a lien on the property and shall be recovered and collected by the Board of Commissioners by the filing of a municipal claim in relation to the property, reducing said claim to judgment and executing upon such judgment, or by instituting a suit to recover such costs or expenses to be charged against the property as a lien or against the person or legal entity as a personal judgment.
Each pumper/hauler business providing pumping services to owners of an OLSDS within the Township, including but not limited to pumping out the OLSDS, shall register with the Township. Such registration shall include but is not limited to the following:
The name, address, and telephone number of the pumper/hauler business.
Identification of all persons that will perform these services in the Township.
List of all vehicles, including make, year, model and motor vehicle registration number.
Copy of insurance coverage, with minimum coverages as follows: compliance with the Workers' Compensation Act and the Social Security Act, as amended, and liability insurance in an amount of not less than $1,000,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount of no less than $2,000,000 on account of one accident, and property damage insurance in an amount of not less than $1,000,000 or $2,000,000 combined single-limit liability, with an umbrella coverage of $2,000,000.
Editor's Note: See 77 P.S. § 1 et seq.
Copy of membership in the Pennsylvania Septic Management Association.
Documentation that there is at least one person employed by the pumper/hauler business who is certified by the Pennsylvania Septic Management Association to perform on-lot management treatment inspections.
Identify the location(s) at which the pumper/hauler business proposes to dispose of septage collected in the Township that shall be valid for the calendar year.
The pumper/hauler business shall pay an annual registration fee, which is established hereby with the amount thereof set by resolution by the Board.
No person other than a registered pumper/hauler business shall be permitted to remove septage from any OLSDS in the Township.
The Township shall maintain a list of registered pumper/hauler businesses.
All septage originating within the Township shall be disposed of at sites or facilities approved by the DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and DEP-approved farmlands.
All pumpers/haulers operating with the Township shall operate in a manner consistent with the provisions of Pa. Code, Title 25, Environmental Protection, Chapter 285, and the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003).
The Township shall establish all administrative procedures necessary to carry out the provisions of this article.
The Township may appoint an authorized agent or may contract with private individuals or firms as necessary to carry out the provisions of this article.
All permits, records, reports, files and other written material related to the installation, operation and maintenance of Township OLSDSs shall become the property of the Township. Existing and future records shall be available for public inspection during regular business hours at the Township offices. All records pertaining to sewage permits, building permits, occupancy permits, and all other aspects of the Township's management program shall be made available, upon request, for inspection, in accordance with the Pennsylvania Open Records Law.
Editor's Note: See now 65 P.S. § 67.101 et seq.
The Board may, by resolution, establish a fee schedule and collect fees to cover the Township's costs of permits and otherwise administering this article.
It shall be illegal to construct, alter, repair or rehabilitate an OLSDS without first obtaining a permit for the installation or repair from the SEO.
It shall be illegal to fail to maintain the components of an OLSDS at the intervals specified in this article or those specified by the equipment manufacturer.
It shall be illegal for a pumper/hauler business to fail to register and/or file all required reports in a timely manner as required by this article.
Any person who violates any of the provisions of this article commits a summary offense and shall be subject to prosecution by the Township and, upon conviction before a Magisterial District Judge, shall be subject to a fine of not less than $300 nor more than $1,000, plus costs of prosecution and the Township's attorney fees.
Each day of a continuing violation shall be considered a new and separate violation of this article and shall be subject to separate fine.
Upon discovery of any violation of this article, the Township may, at its option, forgo any prosecution hereunder and may grant to the owner a period of up to 30 days to initiate corrective action with the provisions of this article. Upon failure of the owner to affect such compliance, the Township may initiate prosecution as hereinabove set forth or take action under 35 P.S. § 750.12(a).
Any pumper/hauler business which has been found guilty by a Magisterial District Judge of 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 disposition of septage or of any state law or Township article governing its operation shall be barred from operating within the Township for a period of one year.
In addition to any other actions to obtain compliance, the Township may assess civil penalties as described in the Act. (See 35 P.S. § 750.13a.)
This article shall be known as and may be referred to as the Swatara Township "Holding Tank Management Ordinance."
The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage, whether from residential, institutional, recreational or commercial establishments or uses, and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this article shall be as follows:
- APPROVED TRANSPORTING ENTITY
- A person who obtains sewage from a holding tank and transports such matter to a disposal site approved by the Pennsylvania Department of Environmental Protection and who is at that time covered by a valid and binding agreement with the Township governing such transportation and disposal.
- HOLDING TANK
- A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
- IMPROVED PROPERTY
- Any property within the municipality upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
- Swatara Township, Dauphin County, Pennsylvania.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the municipality.
- Any individual, partnership, company, association, corporation or other group or entity.
- 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 substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation.
- The Board of Commissioners of Swatara Township, Dauphin County, Pennsylvania.
The Township is hereby authorized and empowered to undertake within the municipality the control and methods of holding tank use and the collection, transportation and disposal of sewage incident thereto.
The Township is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein. The aforesaid notwithstanding, the Board of Commissioners may, in its sole discretion, provide a grace period for implementation of the provisions of this article to persons who will be required to connect to the Township's community sewer collection and treatment system.
All such rules and regulations adopted by the Township shall be in conformity with the provisions herein, all other ordinances of the municipality, and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Township shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Township. Transportation shall be deemed to have been done under the direction and control of the Township only if done by an approved transporting entity.
The disposal of sewage obtained from holding tanks shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
The Township will receive, review and retain pumping receipts from the owner of each permitted holding tank, as well as from the approved transporting entity.
The Township will complete and retain annual inspection reports for each permitted holding tank on or about every anniversary of the date of final installation inspection, until such time as the holding tank is properly removed.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this article or any ordinance of this municipality, the provisions of any applicable law, and the rules and regulations of the Township and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the Township or its Sewage Enforcement Officer to inspect holding tanks on an annual basis.
Permit only the Township or an approved transporting entity to collect, transport, and dispose of the contents therein.
Any person who violates any provisions of § 231-22.7 shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not less than $100, and costs, and not more than $600, and costs, or, in default thereof, undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of § 231-22.7A above shall constitute a nuisance. The Township, through its SEO, shall give an owner written notice of the violation and an order to abate the nuisance in 30 days, unless, in the SEOs opinion, the violation in the nature of pollution represents a public health hazard or environmental threat, in which event the property owner shall be given notice to take immediate corrective action to abate the pollution. Upon failure of the owner to comply with the aforesaid notice, the Township may take immediate corrective action through its agent or contractors, and the owner of the property shall be charged for the costs of work and related expenses performed by the Township or its agents or contractors, which costs shall become a lien on the property and shall be recovered and collected by the Board of Commissioners by the filing of a municipal claim in relation to the property, reducing said claim to judgment and executing upon such judgment, or by instituting a suit to recover such costs or expenses to be charged against the property as a lien or against the person or legal entity as a personal judgment. Nothing herein shall be deemed to create a private cause of action. In addition to any other actions to obtain compliance, the Township may assess civil penalties as described in 35 P.S. §§ 750.12(a) or 750.13a.