[Adopted 11-27-1990 by Ord. No. 226]
A.
This article shall be known and may be cited as a
"Sewage Management Program for Loyalsock Township."
B.
As mandated by the municipal codes, the Clean Stream
Law (35 P.S. §§ 691.1 to 691.1001), 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 Loyalsock 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.
As used in this article, the following terms
shall have the meanings indicated:
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."
Any 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, Loyalsock Township, Lycoming County,
Pennsylvania.
The panel to hear, review and issue decisions on appeal from
determinations of a municipal representative under this article.
An individual employed by the municipality to administer
and enforce this article and other ordinances and codes in the municipality.
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.
[Amended 8-25-1998 by Ord. No. 274]
The Department of Environmental Resources of the Commonwealth
of Pennsylvania (DER).
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.
[Amended 8-25-1998 by Ord. No. 274]
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, back
up into the building connected to the system or otherwise causes a
nuisance or hazard to the public health or pollution of ground or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any of
the conditions noted above occur for any length of time during any
period of the year.
Loyalsock Township, Lycoming County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the municipality and approved by the
Pennsylvania Department of Environmental Resources, as described in
and required by the Pennsylvania Sewage Facilities Act.
Any system for disposal of sewage and subsequent disposal
of the clarified sewage into the soil for final treatment and disposal,
including both individual sewage systems and community sewage systems.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a fine or imprisonment,
the term "person" shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems.
The work done to modify, alter, repair, enlarge or replace
an existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
the installation of a subsurface sewage disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewage disposal system.
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 animals
and 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 of which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Streams Law," as amended.
The official of the municipality who issues and reviews permit
applications and conducts such investigations and inspections as are
necessary to implement Act 537 and the rules and regulations promulgated
thereunder.
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's adopted Act 537 Official
Sewage Facilities Plan. The sewage management district of Loyalsock
Township encompasses the entire municipality.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the municipality to effectively enforce and
administer this article.
A form provided by the municipality to be completed by the
pumper/hauler which provides certification to the Township of septic-system
pumping, cleaning and certain repairs.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
[Amended 8-25-1998 by Ord. No. 274]
An individual employed by the municipality to administer and enforce Chapter 215, Zoning.
From the effective date of this article, its
provisions shall apply throughout Loyalsock Township. The provisions
of this article shall apply to all persons owning or occupying any
property serviced by an on-lot sewage disposal system and to all persons
installing or rehabilitating on-lot sewage disposal systems.
A.
No person shall install, rehabilitate, construct or
request bid proposals for construction or alteration of an individual
sewage system or community sewage system or construct or request bid
proposals for construction or installation or occupancy of 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 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 Sewage Enforcement Officer.
C.
The municipality requires applicants for sewage permits
to notify the Sewage Enforcement Officer of the schedule for construction
of the permitted on-lot sewage disposal system so the inspections
in addition to the final inspection required by Act 537 may be scheduled
and performed by the Sewage Enforcement Officer.
D.
No building or zoning permit shall be issued by the
municipality or its Zoning Officer or Building Official for a new
building which will contain sewage generating facilities until a valid
sewage permit has been obtained from the Sewage Enforcement Officer.
E.
No building or zoning permit shall be issued and no
work shall begin on any addition, alteration or conversion of any
existing structure, if said addition, alteration or conversion will
result in the increase or potential increase of sewage flows from
the structure, until the municipality's Zoning Officer and the structure's
owner receive from the municipality's Sewage Enforcement Officer either
a permit for alteration, rehabilitation or replacement of the existing
sewage disposal system or written notification that such a permit
will not be required. The municipality's authorized agent shall determine
whether the proposed addition, alteration or conversion of the structure
will result in increased sewage flows.
F.
No occupancy permit shall be issued by the municipality,
its Zoning Officer or Building Official for the occupancy of any new
building, addition, alteration or the change of use of any building,
addition or alteration until the Sewage Enforcement Officer has informed
the municipality or said official that the existing sewage system
or newly constructed sewage system is complete, operating and has
had final inspection or that no such certification is necessary.
G.
Sewage permits may be issued only by the municipality's
Sewage Enforcement Officer.
H.
No contractor may proceed to install, construct, rehabilitate
or alter a system without verifying that the property owner has complied
with this section of this article.
A.
All submissions prepared pursuant to the applicable regulations of
the Pennsylvania Department of Environmental Protection for subdivision
or development of land previously not developed within an identified
sewage management district or pursuant to any Township subdivision
and land development ordinance shall provide for the testing, identification
and reservation of an area of each previously undeveloped lot that
is intended to be developed that is 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. This requirement will not
apply when the entire development is to be served by public sanitary
sewers. This requirement also does not apply to already developed
lots, except either for further development that includes additional
buildings on the developed lot or for residual developed lots of a
subdivision that are deemed by the Township's Sewage Enforcement
Officer to be "minimal for on-lot disposal" as defined herein.
[Amended 5-24-2016 by Ord. No.
376]
B.
No permit shall be issued for any proposed new on-lot
sewage disposal system on any newly created or subdivided property
in any sewage management district unless and until a replacement area
is tested, approved and reserved. All subdivision plans must show
the location of two approved drain field sites on each lot.
C.
There shall be a fee of $100 or $150 for studies required
for submission of sewer modules in excess of 800 gallons per day.
Costs shall be determined by the number of tests required to determine
if the existing sewer system has the capacity to adequately handle
the additional flows. Modules requiring test at only one site shall
be $100. If tests are required at more than one site, the costs shall
be $150. These costs will be determined at the time the module is
submitted and are payable with the submission.
[Added 4-22-2008 by Ord. No. 324]
A.
Any on-lot sewage disposal system may be inspected
by the municipality's authorized agent at any reasonable time as of
the effective date of this article.
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 ultimate
destination of wastewater generated in the structure.
C.
The municipality's authorized agent shall have the
right to enter upon land for the purposes of inspection described
herein.
D.
An inspection may be conducted by the municipality's
authorized agent after the effective date of this article for the
purpose of determining the type and functional status of each sewage
disposal system in the sewage management district. 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 schedule of routine inspections may be established
by the municipality, if necessary, to assure the proper function of
the systems in the sewage management district.
F.
The municipality's authorized agent shall inspect
systems known to be, or alleged to be, malfunctioning. Should said
inspections reveal that the system is indeed malfunctioning, the municipality
and its authorized agent shall take action to require the correction
of the malfunction. If total correction is not technically or financially
feasible in the opinion of the authorized agent, then action by the
property owner to mitigate the malfunction shall be required.
G.
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 municipally sponsored revision to that area's Act 537
Official Sewage Facilities Plan. When a DER authorized Official 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, represents a
serious public health or environmental threat.
A.
Only normal domestic wastes shall be discharged into
any on-lot sewage disposal system. The following shall not be discharged
into the system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(3)
Toxic or hazardous substances or chemicals, including
but not limited to pesticides, disinfectants, acids, paints, paint
thinners, herbicides, gasoline and other solvents.
(4)
Clean surface water or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and french
drains.
B.
The municipality's authorized agent may require installation
of water conservation devices and other methods to improve system
operation.
A.
Any person owning a building served by an on-lot sewage
disposal system which contains a septic tank shall have the septic
tank pumped by a licensed pumper/hauler once every five years.
[Amended 8-25-1998 by Ord. No. 274; 4-22-2008 by Ord. No.
324]
(1)
A pumping permit must be obtained from the Township
at a fee which will be used to offset the costs of administering the
on-lot septic program. The fee is to be set and changed from time
to time by resolution of the Loyalsock Township Board of Supervisors.
(2)
A sewage system certification form from the pumper/hauler
shall be submitted to the Township immediately after each pump out.
(4)
The Township will keep pumping and inspection records
and will notify property owners of when their septic system is due
for pumping and inspection.
(5)
Any failed septic system will be reported to the Loyalsock
Township office immediately.
[Amended 9-25-2012 by Ord. No. 350]
(6)
Loyalsock Township may use any appropriate method,
including municipal liens, to collect fees associated with the on-lot
septic inspection program.
(7)
Any request for a hearing with the on-lot Board of
Review will require a fee payable with the request for the hearing.
Said fee is to be set and changed from time to time by resolution
of the Loyalsock Township Board of Supervisors.
B.
Any tank pumping shall include an inspection of the
baffles within the tank. If the baffles are in deteriorated condition,
the pumper/hauler is responsible to replace the baffles with sanitary
tees. No permit shall be required to replace deteriorated baffles
with sanitary tees.
C.
The required pumping frequency may be increased at
the discretion of the municipality's 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. If any person can prove
that their tank had been pumped within three years of the effective
date of this article, then the municipality may delay that person's
initial required pumping to conform to the general three-year frequency
requirement.
D.
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. In no case may the pumping intervals for aerobic treatment tanks exceed those required for septic tanks. Such persons shall maintain the aerobic system as required by the manufacturer's operation manual. A sewage system certification form from the pumper/hauler shall be submitted to the municipality consistent with the required pumping periods in § 175-39A of this article.
E.
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 an alternative to this scheduled pumping
of the cesspool or dry well, the owner may secure a sewage permit
from the Sewage Enforcement Officer for a septic tank to be installed
preceding the cesspool or drywell. 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.
F.
Any system pumping shall include an inspection of
the sidewalls of the cesspool or drywell. If the sides are in need
of cleaning, the pumper/hauler is responsible to do this work.
G.
The municipality's authorized agent 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.
The municipality shall issue a written notice of violation
to any person who is the owner of property in the municipality if
the municipality has not received a sewage system certification form
proving that they have had their septic tank, cesspool or drywell
pumped within the time limits as specified in this article.
I.
Within 30 days of notification by the municipality
that a septic tank, cesspool or drywell has not been pumped within
the time limits set by this article, the owner shall have said septic
tank, cesspool or drywell pumped and the pumper/hauler shall provide
the municipality with a sewage system certification form showing that
it has been pumped.
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 an on-lot septic system. 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 Pennsylvania Department of
Environmental Resources.
B.
The municipality 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 30 days of notification by the municipality
that a malfunction has been identified, the property owner shall make
application to the Sewage Enforcement Officer for a permit to repair
or replace the malfunctioning system. Within 60 days of initial notification
by the municipality, the construction shall be completed unless seasonal
or unique conditions mandate a longer period, in which case the municipality
shall set an extended completion date.
D.
The municipality's authorized agent 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, additional 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, replacing the system with a holding tank,
connection to central collection system or other alternatives as appropriate
for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, the municipality's authorized agent may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.
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 Pennsylvania Department of Environmental Resources for a permit to install an individual spray irrigation treatment system or a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 60 days, unless seasonal or unique conditions mandate a longer period. The municipality shall determine the construction period in this case.
G.
Should none of the remedies described above prove
totally effective in eliminating the malfunction of an existing on-lot
sewage 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. This may include requirement to connect to a community
system regardless of distance to such system.
H.
In areas that have been designated by the municipality
for future service by sanitary sewer lines, the municipality's authorized
agent may design a program of interim remedial actions to be implemented
until sanitary sewer is available to the effected property.
The municipality, upon written notice from the
municipality's authorized agent 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 municipality's authorized agent. The owner
shall be charged for the work performed and, if necessary, a lien
shall be entered therefore in accordance with the law.
A.
All septage originating within the municipal sewage
management district shall be disposed of at sites or facilities approved
by the Pennsylvania Department of Environmental Resources. Approved
sites or facilities shall include the following: septage treatment
facilities, wastewater treatment plants, composting sites and approved
farm lands.
B.
Septage pumper/haulers operating within the municipal
sewage management district 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 through 6018.1003).
C.
All pumper/haulers must obtain a license from the
municipality to pump septage within or from the municipality.
D.
The municipality shall establish rules and regulations
for the licensing procedure and shall set fees for the licensing by
way of resolution.
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 may employ qualified individuals
to carry out the provisions of this article. Those employees may include
a certified Sewage Enforcement Officer and may include a Codes Enforcement
Officer, secretary, administrator or other persons as required. The
municipality may also contract with private 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 Township shall
become the property of the municipality. Existing and future records
shall be available for public inspection. 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
Pennsylvania Department of Environmental Resources.
D.
The Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
E.
The Supervisors may establish a fee schedule by resolution
and subsequently collect fees by any appropriate method, including
the use of municipal liens to cover the cost to the municipality of
administering this program.
A.
Appeals from the determination of the municipality
or its authorized agents, under this article, shall be made to the
Board of Review. Such appeals shall be in writing, addressed to Board
of Review at the Township's business office and shall be filed within
30 days of the date of determination appealed from.
B.
The Board of Review shall be the Loyalsock Township
Building Code Board of Appeals.
[Amended 9-25-2012 by Ord. No. 350]
C.
Hearings. The Board of Review shall conduct hearings
and make decisions in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the
Zoning Officer, such other persons as the municipality shall designate
by resolution, to any person who has made timely request for the same
and to any other person as the Board of Review shall determine. Written
notices shall be given at such time and in such manner as shall be
prescribed by the rules of the Board of Review but shall not give
less than 15 days' notice of the said hearing.
[Amended 9-25-2012 by Ord. No. 350]
(2)
The municipality may set reasonable fees, by resolution,
with respect to hearings before the Board of Review. Fees for such
hearings may include compensation for the Secretary and members of
the Board of Review, notice and advertising costs and necessary administrative
overhead connected with the hearing. The cost, however, shall not
include legal expenses of the Board of Review, expenses for engineering,
architectural or other technical consultants, or expert witness costs.
[Amended 9-25-2012 by Ord. No. 350]
(3)
The hearing shall be held within 60 days from the
date of the appellant's request, unless the appellant has agreed,
in writing, to the extension of time.
(4)
The hearing shall be conducted by the Board of Review.
Three members shall constitute a quorum.
[Amended 9-25-2012 by Ord. No. 350]
(5)
The decision of the Board of Review shall be made,
in writing, within 30 days of the termination of the hearing and shall
be communicated by first-class mail to the appellant and any other
parties who have appeared at the addresses set forth by them.
(6)
The parties to the hearing shall be the municipality,
the appellant, any person affected by the appeal who has made timely
appearance of record before the Board of Review and any other person,
including civic, community or state organizations permitted to appear
by the Board of Review. The Board of Review shall have the power to
require that all persons who wish to be considered parties enter appearance
in writing.
(7)
The Chairman or Acting Chairman of the Board of Review
or presiding officer shall have the power to administer oaths and
issue subpoenas to compel the attendance of the witnesses and the
production of relevant document and papers, including witnesses and
documents requested by the parties.
[Amended 9-25-2012 by Ord. No. 350]
(8)
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine witnesses on all relevant
issues.
[Amended 9-25-2012 by Ord. No. 350]
(9)
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
(10)
It is not necessary for the Board of Review
to keep a stenographic record of the proceedings, however, any party
desiring to keep a stenographic record will be allowed to do so at
their expense. Said stenographic record to be compiled by a properly
recognized stenographer. Any parties ordering stenographic records
shall pay their own costs.
(11)
The Board of Review shall not communicate directly
or indirectly with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memorandum or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(12)
Where legal counsel is desired, an attorney,
other than the solicitors of the municipality, may be appointed by
the Supervisors to serve as counsel to the Board of Review.
[Amended 10-8-1996 by Ord. No. 266; 8-25-1998 by Ord. No. 274]
Any person who violates or permits a violation
of this article, upon being found liable therefor in a civil enforcement
proceeding, shall pay a fine of not more than $600, plus all court
costs, including reasonable attorney's fees, incurred by the Township
in the enforcement of this article. No judgment shall be imposed until
the date of the determination of the violation by the District Justice
and/or Court. 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 a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
