[HISTORY: Adopted by the Board of Supervisors
of the Township of Halfmoon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-25-2004 by Ord. No. 2004-07]
The purpose of this article is to establish
procedures for the design, installation, use and maintenance of community
on-lot sewage disposal systems (COLDS) for the collection, treatment
and disposal of sewage. 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 Township.
As part of any subdivision or land development
plan proposing the use of a COLDS, compliance with these rules and
regulations and the policies, regulations and specifications of the
University Area Joint Authority (UAJA) shall be a condition of approval.[2] All COLDS, as herein defined, to be constructed shall
have as the official permittee the University Area Joint Authority.
Upon the issuance of a permit for a COLDS by the Township Sewage Enforcement
Officer, the COLDS shall be dedicated by the developer to UAJA. No
COLDS shall be accepted for dedication except in accordance with these
rules and regulations and the specifications of UAJA. COLDS are permitted
in areas zoned A-1 (Agricultural), R-1 (Residential), and C-1 (General
Commercial) that are located outside the Centre Region Act 537 Sewage
Facility Plan's existing and five-year sewer service areas.
As used herein, the following terms shall have
the meanings herein described unless otherwise provided:
University Area Joint Authority (UAJA).
The Board of Supervisors of Halfmoon Township.
An interest-bearing revolving fund, established for or by
the Authority with monies contributed by each COLDS user, for the
purpose of financing major equipment and facility repair, replacement
or upgrade.
Any sanitary sewage treatment and disposal system which collects,
treats and disposes of sewage generated from two or more equivalent
dwelling units (EDUs) by utilizing a subsurface absorption bed. The
calculation of EDUs will be determined as per 25 Pa. Code Chapter
73.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Design standards for COLDS as established by DEP (25 Pa.
Code Chapter 73) as well as all relevant installation and locational
standards established by such regulations, and specifications for
the design, installation and use of COLDS as set forth by the Authority.
The Township's or Authority's duly appointed engineer or
engineering firm, which provides the Township Board or Authority with
technical and engineering consultation.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings and from which structure sewage shall or may
be discharged.
Any individual, partnership, company, association, corporation
or other group or entity.
A substance that contains waste products or excrement or
other discharge from the bodies of human beings or animals and noxious
or deleterious substances 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. For the purposes of this article,
the term includes substances which constitute pollution under the
Clean Stream Law,[1] with the exception of wastewater of industrial origin.
The Halfmoon Township Sewage Enforcement Officer.
Halfmoon Township, Centre County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
The Board hereby authorizes and empowers the Authority
to undertake within the Township the control of methods of COLDS design,
installation and operation and maintenance. Permits for all COLDS
shall be issued by the Township appointed SEO.
B.
The Board hereby authorizes and empowers the Authority,
as its acting agent, to enter into or acquire escrow agreements, construction
and performance bonds, and engineering services to ensure COLDS are
designed, constructed, operated and maintained in accordance with
any applicable specifications, rules and regulations of the Board.
C.
The Board authorizes the Authority to take ownership
of all operating COLDS within the Township following the issuance
of a permit by the Township Sewage Enforcement Officer. Method and
manner of possession of COLDS will be as dictated by the Board's rules
and regulations, and the laws of the Commonwealth of Pennsylvania.
D.
The Board hereby authorizes and empowers the Authority
to oversee, operate, maintain, improve and/or discontinue the use
of any COLDS within Halfmoon Township.
A.
COLDS can only be used in locations outside of the
Centre Region Act 537 Sewage Facility Plan's existing and five-year
sewer service area.
C.
The Authority is hereby authorized and empowered to
adopt such rules and regulations concerning COLDS which it may deem
necessary from time to time to affect the purposes herein. Prior to
adoption, any proposed regulations proposed by the Authority shall
be provided to Halfmoon Township for review and comment.
D.
All such policies, regulations and specifications
of the Authority shall be in conformance with the provisions herein,
all other ordinances of the Township, and all applicable laws, rules
and regulations of the Commonwealth of Pennsylvania.
E.
All COLDS must have two absorption areas, designed
according to site characteristics, each with a capacity sufficient
to serve all equivalent dwelling units, which can be connected to
the system.
F.
COLDS must be designed to include an inspection portal,
which may be used by the Authority to monitor the depth of solids
in the tank. In addition, each COLD system shall contain a riser,
which can be used for pumping purposes.
G.
The Authority shall be responsible for the maintenance
of all COLDS within Halfmoon Township approved after the enactment
of this article.
The Authority shall have the right and power
to fix, alter, charge and collect rates, assessments and other charges
at reasonable and uniform rates as authorized by applicable law.
Solely the Authority or its authorized representative
shall do the collection, treatment and disposal of all sewage from
any improved property utilizing a COLDS.
The developer of any proposed COLDS shall be
responsible for obtaining all required permits from the Township,
the Authority, DEP and any other agencies requiring permits for such
an installation. The developer of any proposed COLDS shall be responsible
for its construction and start up in accordance with the requirements
of this article, and the specifications of the Authority.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
[Adopted 10-25-2007 by Ord. No. 2007-4]
A.
This article shall be known and may be cited as "The On-Lot Sewage
Disposal Program" for Halfmoon Township.
B.
As mandated by the municipal codes, the Clean Streams Law (35 P.S.
§ 691.1 et seq.), and the Pennsylvania Sewage Facilities
Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1
et seq., known as "Act 537"), municipalities have the power and the
duty to provide for adequate sewage treatment facilities and for the
protection of the public health by preventing the discharge of untreated
or inadequately treated sewage. The Official Sewage Facilities Plan
for Halfmoon Township indicates that it is necessary to formulate
and implement a sewage management program to effectively prevent and
abate water pollution and hazards to the public health caused by improper
treatment and disposal of sewage.
C.
The purpose of this article is to provide for the inspection, maintenance
and rehabilitation of on-lot sewage disposal systems; to further permit
the municipality to intervene in situations which are public nuisances
or hazards to the public health; and to establish penalties and appeal
procedures necessary for the proper administration of a sewage management
program.
A.
ACT 247
ACT 537
AUTHORIZED AGENT
BOARD/COUNCIL
CODES ENFORCEMENT OFFICER (CEO)
DEP
DEVELOPER
EQUIVALENT DWELLING UNIT (EDU)
IMPROVED PROPERTY
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM
LAND DEVELOPMENT
LOT
MALFUNCTION
MANAGEMENT PROGRAM
MUNICIPALITY
OFFICIAL SEWAGE FACILITIES PLAN
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PUMPER/HAULER
PUMPERS REPORT/RECEIPT
REHABILITATION
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE FACILITIES
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
As used in this article, the following terms shall have the meanings
indicated:
The Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq., known as the "Pennsylvania Municipalities
Planning Code."
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, municipal secretary
or any other qualified or licensed person who is delegated by the
municipality to function within specified limits as the agent of the
municipality to carry out the provisions of this article.
The Board of Supervisors of Halfmoon Township, Centre County,
Pennsylvania.
An individual employed by the municipality to administer
and enforce ordinances in the municipality.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person, partnership or corporation which erects or contracts
to erect a building on property it owns, whether with the intent to
sell the building to some other party upon its full or partial completion,
or upon conveyance of property on which the building is to be built,
or with the intent to continue ownership of the property.
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.
Any property within the municipality upon which there is
erected an improvement intended for continuous or periodic habitation,
occupancy or use by human beings and from which improvement sewage
shall or may be discharged by any means.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth or by means of conveyance
to another site for final disposal.
A land development as identified in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition which occurs when an on-lot sewage disposal
system causes pollution to groundwater or surface water, contamination
of private or public drinking water supplies, nuisance problems or
hazard to public health. Indications of malfunctioning systems include
but are not limited to foul odors, lush grass growing over the system,
backup of wastewater in the attached buildings, soggy ground over
the system, surfacing sewage effluent flowing over the ground and
occurring at any time of the year.
The management program shall encompass individual and community
on-lot sewage disposal systems which discharge into the soils of the
municipality. All systems shall be operated under the jurisdiction
of the municipal governing body and other applicable laws of the Commonwealth
of Pennsylvania.
Halfmoon Township, Centre County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal, adopted by the municipality and approved by DEP in accordance
with the Act and with applicable DEP regulations.
Any person, corporation, partnership, etc., holding deed/title
to lands within the municipality.
Any individual, association, public or private corporation,
whether for profit or not for profit, partnership, firm, 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 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, or exception to the revision of, the municipal
official plan submitted in connection with the request for approval
of a subdivision or land development in accordance with DEP regulations.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems.
Form which shall be used by all permitted pumpers/haulers
to report each pumping of on-lot sewage disposal systems in the municipality.
Work done to modify, repair, enlarge, or replace an existing
on-lot sewage disposal system.
An area designated as the future location of an individual
on-lot sewage system that shall be installed should the initial individual
on-lot system installed or to be installed fail or otherwise become
inoperable and which shall meet all the regulations of the DEP and
all applicable municipal ordinances for an individual on-lot sewage
system, and shall be protected from encroachment by an easement recorded
on the final plan as filed with the Centre County Recorder of Deeds.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or any
noxious or deleterious substances 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.
A person appointed by the municipality to administer the
provisions of this article and authorized by DEP in accordance with
Chapter 72, "Administration of Sewage Facilities Program" of Title
25, "Rules and Regulations" to perform percolation tests, site and
soil evaluation, and issue sewage permits for on-lot disposal systems.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary 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.
A subdivision as defined by the Pennsylvania Municipalities
Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S.
§ 10101 et seq.
B.
All other definitions of words and terms used in this article shall
have the same meaning as set forth in Chapter 73, "Standards for Sewage
Disposal Facilities" of Title 25, "Rules and Regulations," Department
of Environmental Protection.
From the effective date of this article, its provisions shall
apply to all persons owning any property in the municipality serviced
by an individual on-lot sewage disposal system or a community on-lot
sewage disposal system and to all persons installing such on-lot sewage
disposal systems.
A.
Regardless of lot size, no person shall install, construct, or request
bid proposals for construction or alter an individual sewage system
or community sewage system or construct or request bid proposals for
construction 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 indicating that the site and the
plans and specifications of such system are in compliance with the
provisions of the Pennsylvania Sewage Facilities Act (hereinafter
called "Act 537" or "Act") and the standards adopted pursuant to that
Act.
B.
No system or structure designed to provide individual or community
sewage disposal shall be covered from view until approval to cover
the same has been given by the Municipal SEO. If 72 hours have elapsed,
excepting Sundays and holidays, since the SEO issuing the permit received
notification of completion of construction, the applicant may cover
said system or structure unless permission has been specifically refused
by the SEO.
C.
The municipality may require applicants for sewage permits to notify
the municipality's certified SEO of the schedule for construction
of the permitted on-lot sewage disposal system so that inspection(s)
in addition to the final inspection required by Act 537 may be scheduled
and performed by the municipality's certified SEO at the cost
of the applicant.
D.
No building or occupancy permit shall be issued by the municipality
or its Codes Enforcement Officer for a new building which will contain
sewage generating facilities until a valid sewage permit has been
obtained from the municipality's certified SEO.
E.
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure, if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until the municipality's
Codes Enforcement Officer and the structure's owner receive from
the municipality's SEO either a permit for modification or replacement
of the existing sewage disposal system or written notification that
such a permit will not be required. In accordance with Chapter 73
regulations, the certified SEO shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
F.
Sewage permits may be issued only by a certified SEO employed by
the municipality for that express purpose. DEP shall be notified by
the municipality as to the identity of their currently employed primary
and alternate certified SEOs.
G.
No sewage permit for a new occupancy, whether residential or nonresidential,
may be issued unless proof is provided the lot of record existed prior
to May 15, 1972, or that Act 537 planning for that lot has been provided
by the municipality and approved by DEP.
H.
No final Act 247 approval of a subdivision or land development plan
may be made and no recording of deeds for newly created lots completed
until formal Act 537 planning approval by DEP is received.
A.
Requirements.
(1)
Any supplements, revisions, or exceptions (Component I) to the municipality's
Official Sewage Facilities Plan which are prepared pursuant to the
applicable regulations of the DEP for subdivision or development of
land within the municipality shall provide for the testing, identification,
and reservation of an area of each lot or developed property suitable
for the installation of a replacement on-lot sewage disposal system.
This requirement is in addition to the testing, identification, and
reservation of an area for the primary sewage disposal system.
(2)
No permit shall be issued for any proposed new on-lot sewage disposal
system on any newly created or subdivided property in the municipality
unless and until a replacement area is tested, identified and reserved.
(3)
After the effective date of this article, a replacement area for
an individual on-lot sewage system shall be required for all lots
or lots to be created which are not serviced or to be serviced by
a community sewerage system or for which a valid permit for installation
of an individual on-lot sewage system has not been issued. Lots existing
prior to the effective date of this article shall be exempt from the
requirements of this section.
(4)
The replacement area provided shall comply with the Act and with
all regulations issued by DEP as incorporated into this article concerning
individual on-lot and community on-lot sewage systems, including isolation
distances, and with the terms of this article and any other applicable
municipal ordinances.
B.
Identification of replacement area.
(1)
Each applicant who shall submit a plan for the subdivision or development
of land or who shall apply for a permit for the installation of an
individual on-lot or community on-lot sewage system, or who shall
request approval of a planning module for land development or the
adoption of a revision, exception to revision or supplement to the
official plan shall demonstrate to the satisfaction of the certified
SEO that a suitable area exists on the lot or on each lot to be created
for an initial individual on-lot sewage system and for the replacement
area. The certified SEO shall perform or observe all tests required
for the location of an individual on-lot or community on-lot sewage
system to confirm the suitability of the replacement area. Allowance
of open land for the replacement area without testing performed or
observed by the certified SEO shall not constitute compliance with
the requirements of this section.
(2)
The location of the initial individual on-lot sewage system and the
replacement area as confirmed by the certified SEO shall be identified
on the plot plans and diagrams submitted as part of the permit application.
(3)
If the application has been submitted as part of an application for
subdivision or land development approval or as part of a request that
the municipality approve a Planning Module for land development or
amend its official plan, or a request for an exception to the revision
of the official plan, the location of each initial individual on-lot
or community on-lot sewage system and each replacement area shall
be noted upon the plot plans. If the application is for subdivision
or land development approval, a note constituting a permanent easement
shall be added to the plans stating that no improvements shall be
constructed upon the replacement area, and the deed to be recorded
for each lot created as part of the subdivision or land development
shall contain language reflecting this limitation.
(4)
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 Municipal Board or its authorized
representative.
C.
Construction restrictions.
(1)
The easement for the replacement area noted upon the plan and recorded
with the Centre County Recorder of Deeds shall state that no permanent
or temporary improvements of any character, other than shallow rooted
plant matter shall be constructed upon the replacement area.
(2)
If a person desires to construct such improvements on the designated
replacement area, such person shall demonstrate to the satisfaction
of the certified SEO that an alternate replacement area, which complies
with all applicable regulations of the DEP, this article, and all
other applicable municipal ordinances, exists upon the lot. If such
an alternate replacement area shall be identified, the alternate replacement
area may be considered to be the replacement area required by this
article and shall be designated as the replacement area.
A.
Any on-lot disposal system may be inspected by the municipality's
certified SEO or authorized agent at any reasonable time as of the
effective date of this article, but in no case shall an inspection
of every on-lot disposal system be conducted less frequently than
once every six years.
B.
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, other groundwater sources, the
sampling of the contents of the sewage disposal system itself and/or
the introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and the ultimate destination
of wastewater generated in the structure. A copy of the inspection
report shall be furnished to the owner and current resident, which
shall include all of the following information: date of inspection;
name and address of system owner; description and location of the
system, including presence of access hatches, risers, and markers;
size of tank(s); current occupant's name and number of users;
indication of any system malfunction observed; results of any and
all soils and water tests. The municipality's certified SEO will
follow-up should any remedial action be required.
C.
The municipality's certified SEO or authorized agent shall have
the right to enter upon land for the purposes of inspections described
above. In the event access to inspect the property is denied, the
following steps shall be taken.
(1)
The matter will be officially referred to the governing body of the
municipality for action.
(2)
The governing body of the municipality may schedule a review at the
next scheduled meeting of the Municipal Board or, if the situation
threatens the health or safety of the residents of the municipality,
the Board may commence an immediate procedure to obtain a search warrant
from the Magisterial District Judge.
(3)
Upon receipt of a search warrant to inspect the property, the certified
SEO or authorized agent of the municipality shall be accompanied by
an officer of the municipal or State Police and the inspection shall
be completed in accordance with this subsection.
D.
An initial inspection shall be conducted by the municipality's
certified SEO or authorized agent within six years of the effective
date of this article for the purpose of determining the type and functional
status of each sewage disposal system in the municipality. A written
report shall be furnished to the owner of each property inspected
and a copy of said report shall be maintained in the municipal records.
E.
A routine inspection of each sewage disposal system in the municipality
will be scheduled every six years to assure the proper function of
all systems in the municipality.
F.
The municipality's certified SEO or authorized agent shall inspect
systems known to be, or alleged to be, malfunctioning. Should said
inspections reveal that the system is indeed malfunctioning, the municipal
certified SEO shall take action to require the correction of the malfunction.
If total correction is not technically or financially feasible in
the opinion of the municipal certified SEO and a representative of
the DEP, then action by the property owner to mitigate the malfunction
shall be required.
G.
A permit
shall be required by the municipality for alterations or connections
to an existing individual or community on-lot sewage system when the
alteration or connection requires the repair, replacement or enlargement
of a treatment tank or retention tank, or the repair, replacement,
disturbance, modification or enlargement of a soil absorption area
or spray field, or the soil within or under the soil absorption area
or spray field.
H.
There may arise geographic areas within the municipality where numerous
on-lot sewage disposal systems are malfunctioning. A resolution of
these area-wide problems may necessitate detailed planning and a municipally
sponsored revision to that area's Act 537 Official Sewage Facilities
Plan. When a DEP authorized sewage facilities plan revision has been
undertaken by the municipality, mandatory repair or replacement of
individual malfunctioning sewage disposal systems within the study
area may be delayed, at the discretion of the municipality, pending
the outcome of the plan revision process. However, the municipality
may compel immediate corrective action whenever a malfunction, as
determined by municipal officials and/or the DEP, represents a serious
public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
the system:
A.
Industrial waste.
B.
Automobile
oil and other nondomestic oil.
C.
Toxic
or hazardous substances or chemicals, including but not limited to
pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.
Clean
surface water or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
A.
Any person owning a building served by an on-lot sewage disposal
system shall have the septic tank pumped by a qualified pumper/hauler
within three years of the effective date of this article. Thereafter,
that person shall have the tank pumped at least once every three years.
Receipts from the pumper/hauler shall be submitted to the municipality
or authorized agent within 30 days of the date of pumping.
B.
An option will be provided to allow the property owner to request
a waiver from pumping every three years if, because of tank size,
household size, or seasonal use, it is determined by the municipality's
certified SEO that such pumping is not needed. In such cases, a waiver
from pumping can be granted at the discretion of the municipality's
certified SEO when an inspection of the tank by the municipal SEO
reveals that the solids are less than one-third the liquid depth of
the tank.
C.
The required pumping frequency may be increased at the discretion
of the municipality's SEO or authorized agent if the septic tank
is undersized, if solids buildup in the tank is above average, if
the hydraulic load on the system increases significantly above average,
if a garbage grinder is used in the building, if the system malfunctions
or for other good cause shown.
D.
If any person can prove that their system tank had been pumped within
three years prior to their pumping notification date, then the municipality
may delay that person's initial required pumping to conform with
the general pumping frequency requirement.
E.
Any person owning a building served by an on-lot sewage disposal
system which contains an aerobic treatment tank shall follow the operation
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 municipality within six months
of the effective date of this article. Thereafter, service receipts
shall be submitted to the municipality at the intervals specified
by the manufacturer's recommendations. In no case may the service
or pumping intervals for aerobic treatment exceed those required for
septic tanks.
F.
Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks as noted in Subsection A. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the certified SEO for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval.
G.
The municipality may require additional maintenance activity as needed,
including but not necessarily limited to cleaning and unclogging of
piping, servicing and the repair of mechanical equipment, leveling
of distribution boxes, tanks and lines, removal of obstructing roots
or trees, the diversion of surface water away from the disposal area,
etc.
H.
Each time a septic tank or other subsurface waste disposal tank is
pumped out, the municipality, its authorized agent, or a private septage
pumper/hauler, whichever provides the service, shall provide to the
owner of the on-lot disposal system a signed pumper's report/receipt
containing at minimum, the following information:
I.
Upon completion of each required pumping, the pumper/hauler shall
fill out and submit a pumper's report/receipt, copies of which shall
be provided by the municipality or its authorized agent to all registered
pumpers/haulers. The pumper/hauler shall provide one copy of the pumper's
report/receipt to the owner and one copy to the municipality or its
authorized agent. Copies must be received by the municipality or its
authorized agent within 30 days of the date of pumping.
A.
No person shall operate and maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment system or tank. No sewage system 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.
B.
The municipality or its authorized agent shall issue a written notice
of violation to any person who is the owner of a property in the municipality
which is found to be served by a malfunctioning on-lot sewage disposal
system or which is discharging raw or partially treated sewage without
a permit.
C.
Within seven days of notification by the municipality that a malfunction
has been identified, the property owner shall make application to
the municipality's certified SEO for a permit to repair or replace
the malfunctioning system. Within 30 days of initial notification
by the municipality, construction of the permitted repair or replacement
shall commence. 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
or its authorized agent shall set an extended completion date.
D.
The municipality's certified SEO shall have the authority to
require the repair of any malfunction 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 specified site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, the municipal SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or do not prove effective, the municipality may require the owner to apply to the DEP for a permit to install a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 60 days.
G.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing disposal system, the
property owner is not absolved of responsibility for that malfunction.
The municipality may require whatever action is necessary to lessen
or mitigate the malfunction to the extent that it feels necessary.
The municipality, upon written notice from the Municipal SEO
that an imminent health hazard exists due to failure of a property
owner to maintain, repair or replace an on-lot sewage disposal system
as provided under the terms of this article, shall have the authority
to perform or contract to have performed the work required by the
certified SEO. The owner shall be charged for the work performed and,
if necessary, a lien shall be entered therefor in accordance with
law.
A.
All septage originating within the municipality 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 approved farm lands.
B.
All septage pumpers/haulers operating within the municipality shall
be licensed by the DEP and permitted by the municipality or its authorized
agent. Pumper/haulers shall comply with all reporting requirements
established by the municipality.
C.
All septage of pumpers/haulers operating within the municipality
shall operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101
et seq. Any septage pumper/hauler who violates any of the provisions
of this article or regulations of the municipality, the conditions
of its state permit, or any state or local law governing its operation
shall, upon conviction thereof, be sentenced to pay a fine not exceeding
$5,000 and costs and, in default of the payment thereof, shall be
subject to imprisonment for a term not to exceed 30 days. If any pumper/hauler
shall have been convicted on two occasions of any violation of this
article, or for violating the conditions of its state permit, or of
any state or local law governing its operation, the Municipal Board
shall have the power to suspend said pumper/hauler from operating
within the municipality for a period of not less than six months or
more than two years for each violation, as determined by the municipality.
Each day the violation continues shall constitute a separate offense.
A.
The municipality shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The municipality shall employ qualified individuals to carry out
the provisions of this article. Those employees shall include a certified
SEO and may include a Codes Enforcement Officer, Secretary, Administrator
and other persons as required. The municipality may also contract
with qualified persons or firms as necessary to carry out the provisions
of this article.
C.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems in the municipality shall become the
property of the municipality. Existing and future records shall be
available for the public inspection during required business hours
at the official municipal office. All records pertaining to sewage
permits, building permits, occupancy permits and all other aspects
of the municipality's sewage management program shall be made
available, upon request, for inspection by representatives of the
DEP.
D.
The Municipal Board shall establish a fee schedule to cover the cost
of administering this program. Fees shall be collected by the municipality
or its authorized agent.
E.
The Municipal Board shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
A.
Appeals from decisions of the municipality or its authorized agents
under this article shall be made to the Municipal Board, in writing,
within 30 days from the date of the decision in question.
B.
The appellant shall be entitled to a hearing before the Municipal
Board at its next regularly scheduled meeting, if the appeal is received
at least 14 days prior to that meeting. If the appeal is received
within 14 days of the next regularly scheduled meeting, the appeal
shall be heard at the subsequent meeting. The municipality shall thereafter
affirm, modify, or reverse the aforesaid decision. The hearing may
be postponed for a good cause shown by the appellant or the municipality.
Additional evidence may be introduced at the hearing provided that
it is submitted with the written notice of appeal.
C.
A decision shall be rendered, in writing, within 30 days of the date
of the hearing. If a decision is not rendered within 30 days, the
release sought by the appellant shall be deemed granted.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
