This article shall be known and may be cited as the "West Earl Township Sewage Disposal System Ordinance."
[Adopted 6-22-1992 by Ord. No. 95]
A.
The Board of Supervisors recognizes that individual on-lot sewage disposal systems constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Township through proper treatment of wastes generated by development within the Township. The use of individual on-lot sewage systems must be regulated in accordance with the regulations promulgated by the Department of Environmental Resources which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Township has determined that, should the on-lot sewage system installed by a landowner fail, the water quality and other natural resources of the Township may be polluted. It is especially of concern to the Board that such pollution may occur when a system fails and there is no suitable area on the lot for the installation of a replacement system. Therefore, in order to protect the water quality and other natural resources of the Township, thereby protecting the health and welfare of residents and visitors, the Board of Supervisors desires to require that all landowners provide and set aside areas for the installation of replacement individual on-lot sewage disposal systems.
B.
It is the further intent of the Board of Supervisors to ensure that on-lot sewage disposal systems are properly maintained. Failure to maintain on-lot sewage disposal systems results in malfunctions which in turn result in the pollution of the water quality and other natural resources of the Township. On-lot sewage disposal systems should be pumped out on a regular basis, and it is the responsibility of all landowners to ensure that such maintenance is performed. In order to promote the proper maintenance of on-lot sewage disposal systems within the Township, the Township shall develop a public education program.
A certain document, three copies of which have been and are presently on file in the office of the Secretary of the Township of West Earl, being marked and designated as "Chapters 71, 72 and 73 of Title 25 of the Pennsylvania Code," being promulgated by the Department of Environmental Resources of the Commonwealth of Pennsylvania, be and is hereby adopted as the sewage permit application and installation procedure of the Township, and each and all of the regulations contained in said chapters are hereby adopted by the Township except as modified by this article. It is the intent of the Board of Supervisors to adopt all subsequent amendments and revisions to said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt said chapters as they existed on the effective date of this article.
A.
Word usage. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. ACT BOARD COMMUNITY SEWAGE SYSTEM DEPARTMENT INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS) LAND DEVELOPMENT LOT MALFUNCTION MANIFEST NONSTANDARD SYSTEM OFFICIAL PLAN OLDS PERMIT PERMIT, USE PERSON PLANNING MODULE FOR LAND DEVELOPMENT PUBLIC SEWER SERVICE PROVIDER REHABILITATION REPLACEMENT LOCATION SEPTAGE HAULER SEWAGE SEWAGE ENFORCEMENT OFFICER SINGLE AND SEPARATE OWNERSHIP SUBDIVISION TOWNSHIP
Definitions. As used in this article, the following terms shall have the meanings indicated:
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
The Board of Supervisors of the Township.
Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the Department.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
[Amended 6-24-1996 by Ord. No. 117]
Any system of piping, tanks or other facilities serving on a single lot and collecting and disposing of sewage, in whole or in part, into the soil and any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposition and which is located upon the lot which it serves.
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
A parcel of land used or intended to be used as a building site or a separate parcel to be created as a result of approval of a subdivision or land development application or a condominium unit. The term "lot" shall include a parcel equal to or greater than 10 acres in size where the "lot" may be occupied by one or more persons or families.
The condition which occurs when an OLDS or community sewage system discharges sewage onto the surface of the ground, into ground waters of the Commonwealth, into surface waters of the Commonwealth, backs up into the building connected to the OLDS or community sewage system or otherwise causes a nuisance hazard to the public health or pollution of groundwater or surface water or contamination of public or private drinking water wells. An OLDS or a community sewage system shall be considered to be "malfunctioning" if any of the conditions set forth in this definition occur for any length of time during any period of the year.
[Added 6-24-1996 by Ord. No. 117]
A written report made to the Township by a septage hauler providing service to an OLDS or community sewage system within the Township which at a minimum contains the name and address of the septage hauler, the name of the property owner, the address of the property upon which the OLDS or community sewage system is located, a description of all services performed by the septage hauler, the location at which any sewage or solids removed from the OLDS or community sewage system will be disposed, a description of the condition of the OLDS or community sewage system, a statement noting whether any malfunctions of the OLDS or community sewage system were observed and a statement noting all maintenance or repairs to the OLDS or community sewage system performed.
[Added 6-24-1996 by Ord. No. 117]
An OLDS which has a denitrification unit or any other equipment which is not commonly found on OLDS within Lancaster County or an OLDS which has been modified to address groundwater contamination or other environmental issues or any OLDS which requires additional approvals from the Department or a modification or amendment to the Township's Official Plan.
[Added 12-11-2006 by Ord. No. 194]
A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the Department in accordance with the Act and with applicable Department regulations.
An individual on-lot sewage disposal system.
A permit issued by the Sewage Enforcement Officer, after the performance of tests to determine suitability, to authorize the initial installation of an OLDS or the repair, replacement or enlargement of an existing OLDS.
The permit issued by the Township to authorize the initial use of an OLDS or community sewage system upon the installation of such system or the continued use of an OLDS or community sewage system for which a permit has been issued to authorize the repair or modification of such OLDS or community sewage system.
Any individual, association, partnership, public or private corporation, whether for profit or not for profit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not for profit.
A revision to the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
West Earl Sewer Authority, Leola Sewer Authority, or any other political subdivision or municipal authority which provides or may in the future provide public sewer service within the Township.
[Added 12-11-2006 by Ord. No. 194]
Work done to modify, alter, repair, enlarge or replace an existing OLDS.
[Added 12-11-2006 by Ord. No. 194]
A location designated as the future location of an OLDS or community sewage system that shall be installed should the OLDS or community sewage system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the Department and all applicable Township ordinances for an OLDS or community sewage system, as applicable.
Any person licensed by the Lancaster County Solid Waste Management Authority, the Department or other governmental agency to remove septage or other solids from treatment tanks of OLDS, community sewage systems, holding tanks or privies within the Township.
[Added 6-24-1996 by Ord. No. 117]
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health or to animals or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937, P.L. 1987, No. 394, known as The Clean Streams Law, as amended.[1]
[Added 6-24-1996 by Ord. No. 117]
The Sewage Enforcement Officer of the Township.
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
The Township of West Earl, Lancaster County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[Amended 12-11-2006 by Ord. No. 194]
All landowners, developers and contractors who desire to install, repair, modify, rehabilitate, or alter an OLDS in the Township shall obtain a permit from the Sewage Enforcement Officer prior to the commencement of such work. All landowners, developers and contractors who desire to repair, modify, rehabilitate, alter or replace any OLDS or component of an OLDS which is or may be malfunctioning shall obtain a permit from the Sewage Enforcement Officer prior to commencement of any work. All work performed under any permit shall comply with the following regulations:
A.
The holder of a permit and the contractor performing work under such permit shall notify the Sewage Enforcement Officer at least three working days before commencing installation, repair, modification, rehabilitation or alteration of the OLDS in order that one or more inspections in addition to the final inspection required by the Department may be scheduled and performed by the Sewage Enforcement Officer.
B.
Any OLDS permit providing for the installation or repair of a septic tank shall require that the septic tank contain septic solid retainers of the type as specified by the Department's regulations. This is to obtain the highest quality effluent.
C.
If construction or installation of the OLDS and of any building or structure for which such OLDS is to be installed has not commenced within three years after the issuance of the permit for such OLDS, the permit shall expire. The landowner and/or contractor shall obtain a new permit prior to commencement of the installation, repair, modification, replacement or alteration of the OLDS.
D.
The holder of the permit and the contractor performing work under a permit to repair, modify, alter, rehabilitate or replace an OLDS which is malfunctioning or which may be malfunctioning shall notify the Sewage Enforcement Officer within 24 hours after completion of the work. The Sewage Enforcement Officer shall inspect the repaired, modified, altered or rehabilitated OLDS to insure compliance with the Regulations and this article.
E.
Any person who shall install new or rehabilitated systems shall provide a marker or markers at ground level locating the subsurface waste disposal tank, tank access, and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Sewage Enforcement Officer. In addition, a riser or manhole extension shall be constructed to finished grade or to not more than 12 inches below grade when the location is identified by ground marker. If access is extended to grade, the access cover shall be airtight and shall be secured by bolts or locking mechanisms, or have sufficient weight to prevent unauthorized access in accordance with Department Regulations.
F.
All landowners, developers and contractors who desire to install a non-standard OLDS in addition to all requirements of §§ 138-28 through 138-31 of this article shall also meet all of the following requirements:
(1)
The record owner of the lot on which such system is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the system which grants the Township the right to enter upon the property; to inspect such system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such system is not functioning properly; to maintain such system if the landowner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the landowner. The agreement shall specifically authorize the Township to file a municipal claim against the property to recover costs and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property until the system is removed and the property is connected to a public sewer service provider sewer system.
(2)
The applicant shall post financial security with the Township to secure the future maintenance of the system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular nonstandard system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
(3)
The applicant shall demonstrate to the Township that the proposed nonstandard system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
(4)
The applicant shall provide the Township with a complete set of as-built plans for the nonstandard system after its installation.
(5)
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
(6)
The applicant shall pay all costs associated with the yearly inspection of the nonstandard system.
[Amended 12-11-2006 by Ord. No. 194]
A.
No requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted unless the applicant presents to the Board evidence that each lot or lot to be created contains a suitable location for the installation of an initial OLDS except when such lots or lots to be created are to be served by a community sewage system. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the location shall be performed as approved by the Department.
B.
All planning modules for land development except planning modules for land development which propose sewer service by means of a public sewer service provider sewer system shall be accompanied by hydrogeologic tests performed in accordance with all applicable Department regulations. The Board shall not approve any planning module for land development which does not contain hydrogeologic studies which demonstrate that the proposed sewage disposal facilities will not adversely affect the groundwater or that measures will be utilized, such as the installation of denitrification systems or dispersion plume easements, which will address the impacts of the proposed sewage disposal facilities.
C.
Well test results submitted with planning modules will be compared with the Official Plan well test data. If the results vary from the Official Plan well test data, the Township may require additional testing to verify any discrepancies.
After the effective date of this article, a replacement location for an OLDS shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system or for which a valid permit for an OLDS has not been issued. A replacement location shall be required for all community sewage systems which are proposed to provide sewage disposal to a proposed development. The replacement location provided shall comply with the Act and with all regulations issued by the Department as incorporated into this article concerning OLDS and community sewage systems, including isolation distances, and with the terms of this article and any other applicable Township ordinances.
A.
Each person who shall apply for a permit under Chapter 184, Zoning, or a permit for an OLDS or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. The Sewage Enforcement Officer shall perform or observe all tests required by this article for the location of any OLDS to confirm the suitability of the replacement location. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B.
Each person who shall apply for a permit under Chapter 184, Zoning, or a permit for a community sewage system or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists for an initial community sewage system and for the replacement location. The Sewage Enforcement Officer shall perform or observe all tests required by this article for the location of any community sewage system to confirm the suitability of the replacement location. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
C.
The location of the initial OLDS or community sewage system and the replacement location as confirmed by the Sewage Enforcement Officer shall be identified on the plot plans and diagrams submitted as a part of the permit application.
D.
If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module for land development or amend its Official Plan, the location of each OLDS or community sewage system and each replacement location shall be noted upon the plans. If the application is for subdivision or land development approval, a note shall be added to the plans stating that no improvements shall be constructed upon the replacement location, and the deed to each lot created as a part of the subdivision or land development shall contain language reflecting this limitation.
E.
Any revisions to a permit or plan affecting a replacement location which previously has been approved pursuant to the provisions of this article shall be approved by the Board or its authorized representative.
No permanent or temporary improvements of any character other than the planting of trees, shrubs or other plant matter shall be constructed or installed upon the replacement location unless the person who desires to construct or install such improvements shall demonstrate to the satisfaction of the Sewage Enforcement Officer that an alternate replacement location which complies with all applicable regulations of the Department, this article and all other applicable Township ordinances exists upon the lot. If such an alternate replacement location shall be identified, the alternate replacement location may be considered to be the replacement location required by this article and shall be designated as the replacement location. The newly designated replacement location shall thereafter be considered the replacement location for the purposes of this article.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under Chapter 184, Zoning, or a permit for an OLDS may request that the Board grant an exception to the requirement of providing a replacement location. The applicant for such an exception shall present credible evidence to the Board demonstrating that the lot was held in single and separate ownership on the effective date of this article, the size of the lot, the inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired and the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article.
A.
After the effective date of this article, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be considered by the Board unless the applicant presents to the Board data sufficient to determine the impact upon the environment of the proposed development. This information shall be used by the Board in assessing the planning module for land development and any requested revision or supplement to the Official Plan. Each applicant shall submit the following information to the Board for review by the Board, the Township Engineer and such other persons as the Board may determine:
(1)
A location map showing the entire tract and its relation to the surrounding area, drawn on a scale of 1,000 feet to the inch.
(2)
Types of soils based upon the United States Department of Agriculture Soil Survey for Lancaster County.
(3)
Sufficient elevations and/or contours to determine the general slope and natural drainage of the land. Contours shall ordinarily be shown at intervals of five feet but may be at lesser intervals in the case of relatively level tracts.
(4)
Data to which contour elevations refer. Where practicable, such data shall refer to known established elevations.
(5)
The location of all existing floodplains, wetlands, watercourses, railroads, areas of subsidence, wooded areas (marking all wooded areas to be cleared), bridges, culverts and other significant natural features on the tract and within 200 feet of the tract.
(6)
The location of all streets, adjoining tracts and buildings within 200 feet of the tract.
(7)
Plans for the treatment and disposal of sewage and for the provision of a water supply.
(8)
The location of all proposed land uses, including residential and nonresidential uses, by types.
(9)
Data on size and intensity of use, including the number of residential and commercial lots, lot sizes and the number and type of dwelling units.
(10)
Data relevant to the occurrence of flooding, subsidence, landslides and other geological hazards within and adjacent to the tract.
(11)
A preliminary erosion and sedimentation control plan pursuant to the rules and regulations of the Department.
(12)
Where slopes in excess of 10% occur within the tract, a preliminary grading plan indicating the general location and magnitude of the proposed cuts and fills.
A permit shall be required for the repair or modification of any OLDS or community sewage system. Such repair or modification permit shall be issued by the Sewage Enforcement Officer in accordance with the rules and regulations of the Department. Upon completion of the repair or modification of the OLDS or community sewage system, the owner of the lot upon which the repaired or modified OLDS is located or the person who owns or is responsible for the maintenance of the community sewage system shall ensure that the OLDS or community sewage system is inspected by the Sewage Enforcement Officer and shall obtain a use permit in accordance with the requirements of § 138-38 of this article.
All OLDS and community sewage systems which have been or which shall be installed within the Township shall be properly maintained.
A.
The owner of the lot upon which an OLDS is installed shall be responsible for the proper maintenance of such OLDS.
B.
If a community sewage system serves multiple dwellings or units of occupancy owned by a single person, such person shall be responsible for the maintenance of the community sewage system.
C.
If a community sewage system serves multiple dwellings or units of occupancy which are not owned by a single person, a homeowners' association, condominium unit owners' association or similar entity shall be responsible for the maintenance of the community sewage system. Such entity shall have the power to assess the lots or units served by the community sewage system for the cost to maintain such system and shall establish a fund for the maintenance of the community sewage system prior to its installation and use. The entity shall present evidence of such powers of assessment and establishment of a fund for maintenance to the Township for its review and approval prior to final inspection of the community sewage system by the Sewage Enforcement Officer.
All community sewage systems shall be operated in full compliance with the requirements of this article and with all applicable requirements of the Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. § 691.1 et seq., and the regulations of the Department. The owner of a community sewage system shall post financial security with the Township to secure the proper operation and maintenance of the community sewage system.
A.
Such financial security shall be in the form of an irrevocable letter of credit or other financial security acceptable to the Board of Supervisors in an amount equal to 110% of the estimated cost of operation of the community sewage system for one year.
B.
The amount of financial security required by the Township shall be based upon an estimate of the cost of the operation of the community sewage system, submitted by the developer and/or owner of the community sewage system and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid by the developer and/or owner of the community sewage system.
C.
Annually the Township may adjust the amount of required financial security by redetermining the estimated cost of the operation of the community sewage system. Subsequent to said adjustment, the Township may require the owner of the community sewage system to post additional security in order to insure that the financial security equals 110% of the estimated cost of operation of the community sewage system. Any additional security shall be posted by the owner of the community sewage system within 30 days after being notified of the same.
[Amended 8-9-1993 by Ord. No. 101; 6-24-1996 by Ord. No. 117; 12-11-2006 by Ord. No. 194]
Any person owning a lot served by an OLDS shall have the OLDS inspected and the tank pumped by a septage hauler registered with the Township within 90 days of receiving official notice. This requirement shall include OLDS which utilizes an aerobic treatment tank, cesspools and drywells. Thereafter, that person shall have the tank pumped at least every three years, upon notice to do so, or whenever an inspection reveals that the tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank. The septage hauler shall submit a manifest to the owner and to the Township as set forth below. The owner shall be responsible to insure that the septage hauler submits the manifest to the Township.
A.
If any person provides a receipt or other written evidence showing that their tank had been pumped within one year prior to the effective date of this Section, the Township may delay that person's initial required pumping to conform to the general three-year frequency requirement.
B.
The Township Sewage Enforcement Office may require that the required pumping frequency be increased if the septic tank is undersized, if solids buildup in the tank is greater than 1/3 of the liquid depth of the tank, if the hydraulic load on the OLDS increases significantly above average, if a garbage grinder is used in the building, if the OLDS malfunctions or for other good cause shown.
C.
The septage hauler shall conduct an inspection at the time of pumping for the purpose of determining the type and functional status of each OLDS.
(1)
The septage hauler shall include an inspection of the baffles within the tank. If the baffles are in a deteriorated condition, the owner is responsible to replace the baffles with sanitary tees. No permit shall be required to replace deteriorated baffles with sanitary tees.
(2)
If the OLDS is a cesspool or drywell, the septage hauler shall inspect the sidewalls of the cesspool or drywell. If the sides are in need of cleaning, the septage hauler shall perform said cleaning.
D.
Upon completion of each required pumping and inspection, the septage hauler shall fill out and submit a signed copy of the manifest form to the Township and to the owner. The Township shall provide copies of the approved forms to all registered septage haulers. The septage hauler shall submit the copies to the Township and the owner within 30 days of the date of inspection and pumping of the OLDS along with the required administrative fee.
E.
Any owner of a lot served by an OLDS which utilizes 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 Township within six months of the effective date of this section. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those required for septic tanks.
F.
The Sewage Enforcement Officer 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. Repair permits issued by the Sewage Enforcement Officer may be required for these activities, as applicable.
[Amended 6-24-1996 by Ord. No. 117]
A.
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1)
To install, repair, modify or alter an OLDS or community sewage system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
(2)
To misuse or fail to maintain an OLDS or community sewage system.
(3)
To fail to remedy a malfunctioning OLDS or community sewage system in accordance with §§ 183-35 and 138-38.
(4)
To construct any improvements upon, grade or take any other action which will render a replacement location unsuitable for installation of an OLDS unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with § 138-32.
(6)
To place false information on or omit relevant information from an application for a permit or a use permit or upon a manifest.
(7)
To occupy or permit the occupancy of any structure served by an OLDS or community sewage system for which a valid permit and use permit have not been obtained as required by this article.
(8)
To fail to comply with any other provision of this article.
B.
Any person who has violated or permitted the violation of any provision of this article shall, upon being found liable thereof in a civil enforcement proceeding commenced by the Township, pay a judgment of not less than $100 and not more than $1,000, plus all court costs, including the reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation.
In case any improvement is constructed or any lot maintained in violation of this article, in addition to the other remedies provided by law, any appropriate action or proceedings in equity may be instituted or taken to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS or community sewage system.
A.
The discharge of sewage on the surface of the ground, the failure to properly maintain an OLDS or community sewage system, the use of an OLDS or community sewage system for which no permit has been issued and the replacement, repair, modification or installation of an OLDS or community sewage system without a permit are hereby declared to be nuisances and abatable as such in accordance with the provisions of the Second Class Township Code, Act of May 1, 1933, P.L. 103, § 702, cl. XII and LI, as amended, 53 P.S. §§ 65712 and 65751. The actual expenses of the Township in the abatement of such nuisances, plus an additional 25% of such expenses, shall be filed as a municipal claim against the property and shall be collectible as provided by law.
B.
Construction of improvements on the replacement location renders the replacement location useless and therefore jeopardizes the water quality and other natural resources of the Township. This harm to the water quality and other natural resources of the Township is a danger to the health, safety and welfare of the residents of the Township and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the Second Class Township Code, Act of May 1, 1933, P.L. 103, § 702, cl. XII and LI, as amended, 53 P.S. §§ 65712 and 65751. The actual expenses of the Township in the abatement of such nuisances, plus an additional 25% of such expenses, shall be filed as a municipal claim against the property and shall be collectible as provided by law.
The Board of Supervisors hereby declares that the Township shall commence a public education program directed at owners and residents of lots which are served by OLDS or community sewage systems. The public education program of the Township shall encourage the proper maintenance of the OLDS or community sewage system, the conservation of water to lessen the possibility of hydrologic overloading and the necessity to pump out the OLDS at regular intervals.
Although this article is intended to provide guidelines for the installation and maintenance of a replacement location for OLDS and community sewage systems, nothing contained herein shall be interpreted as a guaranty or warranty to applicants or other Township residents that systems installed under the provisions of this article will function as intended. The Township assumes no responsibility for the location and/or maintenance of OLDS within the Township.
This Article shall not apply to any sewerage facilities for which a permit is required from the Pennsylvania Department of Environmental Resources pursuant to the Act of June 22, 1937, P.L. 1987, No. 394, known as the "Clean Streams Law."[1] Any sewage facilities owned and/or operated by the West Earl Sewer Authority are specifically exempted from the requirements of this article.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
Nothing in this article shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred, any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this article.
[Added 12-11-2006 by Ord. No. 194]
A.
All septage haulers operating within the Township shall register with the Township and shall comply will all reporting requirements established by the Township. A septage hauler may register by completing the registration form and filing the completed registration form with the Township.
B.
All septage originating within the Township shall be disposed of at sites or facilities approved by the Department. Approved sites or facilities may include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands.
C.
Septage haulers operating within the Township shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S.§§ 6018.101-6018.1003).