[Adopted 6-9-1998 by Ord. No. 273; amended
in its entirety 12-9-2008 by Ord. No. 329]
This article shall be designated as the "Small
Flow Sewage Treatment Facilities Ordinance of Loyalsock Township."
As used in this article, the following terms
shall have the meanings indicated:
The Board of Supervisors of Loyalsock Township, Lycoming
County Pennsylvania.
The Pennsylvania Department of Environmental Protection.
Liquid sewage discharged as waste.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or any other person having a proprietary interest in the land.
The comprehensive plan for the provision for adequate sewage
disposal systems, adopted by the Board of Supervisors and approved
by DEP pursuant to the Pennsylvania Sewage Facilities Act.[1]
The current regulations of DEP as set forth in Pa. Code,
Title 25, and all future regulations of DEP pertaining to small flow
sewage facilities, as amended from time to time.
Any individual or community sew age system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using stream discharge or discharge to the surface of the
ground as more fully set forth in 25 Pa. Code, § 71.1.
The small flow sewage treatment facility to be designed,
installed, operated and/or maintained by a landowner upon any property
in the Township.
A Sewage Enforcement Officer, Code Enforcement Officer, certified
sewage treatment plant operator, Township employee, professional engineer,
solicitor, plumbing inspector, or any other qualified or licensed
person who is authorized to function as an agent of the Township.
[1]
Editor's Note: See 35 P.S. § 750.1.
The system shall be designed in accordance with
the standards and requirements of the Department of Environmental
Protection. In addition to those requirements, the design shall include
the following:
A.
Convenient access shall be provided for the inspection
and periodic maintenance of all treatment system.
B.
A readily accessible effluent sampling point shall
be provided at the discharge end of the system.
C.
An alarm system shall be provided for all pumps, aeration
devices, or other possible malfunctioning devices which make up the
system. Alarms shall include both visual and audible devices located
so as to be readily noticeable by occupants on the property. In addition,
an appropriate high level alarm in the dosing tank and an alarm for
the aeration motor, if applicable, shall be provided.
D.
Reasonable vehicular access shall be provided to the
system for periodic removal of sludge.
The landowner must submit a sewage planning
module to the Board of Supervisors and DEP. After the planning module
is approved, the landowner must obtain required DEP permits. No building
or system construction may occur until a preconstruction meeting has
been held with Township officials, the system contractor, the landowner
and the factory representative.
After installation of the system, but prior
to covering with soil, the registered professional engineer for the
landowner, Township officials and a factory representative shall conduct
an inspection and certify in writing that the construction and installation
of the system is in conformance with the permit issued by DEP. Notice
of the system inspection shall also be given to DEP at least 72 hours
prior to inspection. A copy of the written certification signed by
all parties will be sent to DEP and the Township official within 10
days of completion of inspection. A service contract consistent with
the requirements of the National Sanitation Foundation must be signed
and a copy sent to DEP and the Township official when aerobic treatment
units are used. Copies of the operation and maintenance manuals shall
also be provided to necessary Township officials.
The landowner shall provide the Township and
Lycoming Sanitary Committee a complete set of "as-built" plans for
the system as finally approved by DEP.
[Amended 12-27-2011 by Ord. No. 344]
The landowner is specifically required to meet
all the operational, maintenance and reporting requirements of the
DEP and the Township or Township official. These include, but are
not limited to, all requirements on the DEP permit. The landowner
shall also submit, not less than quarterly, on or before the 15th
day of January, April, July and October, a certification that, to
the best of his/her/its ability, he/she/it has inspected the system
at least monthly and is not aware of any malfunctions. A copy of this
report must be provided to the Township and the DEP.
In the event the Township or DEP inspections
indicate the need for maintenance on any component or the system as
a whole to bring the system into compliance with the DEP permit or
regulations, the landowner shall complete such maintenance and obtain
certification from the landowner's engineer or Township official that
the work has been completed in accordance with appropriate standards.
A landowner must perform any necessary maintenance and the certification
must be provided within 72 hours of the time the problem was brought
to the landowner's attention.
[Amended 12-27-2011 by Ord. No. 344]
A Township official may inspect the system at
any time. The property owner shall sample the system at least three
times per calendar year. At least two of the samplings must be conducted
between April 1 and September 30 of each year. At least one inspection
must be conducted during the remaining portion of the year. The inspection
shall include the following:
A.
Testing for adequate chlorine residual at levels required
by the DEP permit. Landowners are required to test chlorine residual
on a monthly basis and keep a written record of the date and results
of the test. The landowner must assure that the chlorine residual
levels are in compliance with all relevant DEP standards. The landowner
must submit a copy of the written record of tests results to the Township.
B.
The landowner must collect a sample for fecal coliform
analysis once a calendar year. The sample must be tested by an EPA-approved
laboratory and a copy of the report must be submitted to the Township
between April 1 and September 30.
C.
The Township and/or Township official must retain
copies of all written inspection reports and lab results received
in a permanent file. The records shall be available for inspection
by DEP upon request.
A.
In the event inspections or other review indicates
the need for repair or replacement of the system in order to bring
the system into compliance with the DEP permit or regulations, the
landowner shall complete such repairs or replacement and obtain certification
from the landowner's engineer or the Township official that the work
has been completed in accordance with appropriate standards.
B.
Except in the most extraordinary circumstances, the
repairs must be completed and the certification provided within 30
days of the time the problem was brought to the landowner's attention.
A.
In the event the landowner fails or refuses to achieve timely compliance with the provisions for a system repair, replacement and/or maintenance as described in §§ 175-53 and/or 175-55, above, the Township or Township official shall have the right to enter upon the premises and to perform any repairs, replacement and/or maintenance with respect to the system. All such work will be done at the sole cost and expense of landowner.
B.
If feasible, the Township or Township official will
make reasonable efforts to stop the flow in the system within 30 days
after needed repairs may not have been done or within 72 hours in
the event of a maintenance issue.
During the period of time when the system is
inoperable or incapable of treating the discharged effluent to meet
or exceed those standards of DEP, the landowner shall make the necessary
arrangements to remove said effluent and arrange for the appropriate
disposition of the same at a DEP-permitted sewage disposal facility.
In the event the landowner shall fail to make the necessary arrangements
for the removal of said effluent within the time specified by the
Township or Township official, such time not to exceed 48 hours, the
Township or Township official shall have the right, upon the expiration
of that 48 hours to enter upon the premises and cause such effluent
to be removed. Where the landowner causes the effluent to be removed,
he shall, upon request, provide an agreement with a hauler providing
for the removal and submission of all pumping receipts. The landowner
shall continue hauling effluent until such time as the system has
been properly certified as being operable by the Township official
or DEP.
[Amended 12-27-2011 by Ord. No. 344]
The landowner of any property served by a small-flow
sewage facility shall have the system pumped once every three years
by a Township-licensed pumper/hauler. The landowner shall be responsible
to obtain a pumping permit from the Township and pay a fee, which
shall be set by the Township Board of Supervisors from time to time
by resolution.
The landowner shall pay for any and all costs
incurred by the Township or Township official for inspections in excess
of the three mandatory annual inspections, sampling, repairs, replacement
and/or maintenance of the system. The landowner shall also pay for
any and all costs incurred in the removal of effluent in accordance
with the terms of this article or any other steps taken to protect
the environment. Said costs to be paid within 10 days of demand. In
the event the landowner, or his or her heirs, successors or assigns,
shall fail to pay for such costs or expenses, the Township or Township
official shall institute, suit against the landowner in a civil action
or cause a lien to be recorded on the property in accordance with
the municipal lien law for all costs and/or expenses incurred in the
enforcement of this Ordinance, including reasonable attorney's fees.
In order to secure the costs which may be incurred
by the Township or Township official and which are recoverable as
provided herein, the landowner, contemporaneously with permit approvals,
or anytime upon demand, shall deposit a sum of not less than $2,000
with the Township. The deposit shall be held by the Township in an
interest-bearing account with the interest to be accumulated in the
discretion of the Township. Said sums may be used by the Township
or Township official for system, repair, replacement or maintenance
in the sole discretion of the Township or Township official. Should
the escrow fall below the sum of $2,000, the landowner shall be notified
and, within 10 days, restore the amount to $2,000. In the event the
escrow account exceeds $2,500, the excess deposit can be utilized
to offset the annual inspection, sampling and testing cost. Should
DEP approval require the landowner to establish a higher escrow, that
amount shall prevail and be deposited with the Township.
Any person who shall violate any provision of
this article, shall, upon conviction thereof, in an action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
be subject to a penalty or fine of not less than $100 per violation,
but no more than $1,000 per violation, together with the cost of prosecution
for each such violation, and may upon default of the payment of fines
and costs be sentenced to suffer imprisonment in accordance with law.
Each day a violation exists may be considered a separate violation.
Said fines and penalties may be collected by suit or summary proceeding
brought in the name of the Township or Township official. The Township
or Township official may utilize any other lawful criminal, civil
or equitable remedy to seek enforcement in compliance with this article.
Landowners, for themselves, their heirs, administrators,
executors, successors and assigns, shall at all times hold the Township
or Township official harmless from any claims, suits, legal expenses
or judgments which may be brought against the Township or against
any Township official and/or against landowner or any of the successors
in title for any adverse conditions, casually and directly or indirectly
related to the operation of the landowner of the system. The landowner
shall have the duty to defend the Township and Township official,
including their agents and employees against any claim or suit made
by any person which alleges that adverse conditions have been caused
by the operation or lack of maintenance of the landowner. In the event
the landowner fails to undertake such defense to any claim, and the
Township or Township official is required to enter upon its own defense,
the landowner shall reimburse the Township or Township official for
any expenses that may occur, including legal fees, engineering fees
or other expert witness fees and/or pay any judgment rendered against
the Township as the result of said suit. As to damages alleged to
have been caused by reason of the operation of the system, the landowner
shall have the right and option to join the Township in the defense
and/or compromise of such claim and the landowner shall only be required
to pay those damages and expenses for which the landowner agrees to
pay, it being the express understanding of the parties hereto that
the landowner shall only be required to pay those damages and expenses
for which the landowner agrees to pay, it being the express understanding
of the parties hereto that the landowner shall not be responsible
for any conditions occurring that cannot be demonstrated to the operation
and/or malfunction of the system installed by the landowner. In the
event the landowner, or its heirs, successors or assigns, shall fail
to pay the cost, legal fees, other expenses or damages as herein provided,
and the Township or Township official is required to pay the same,
said party shall have the right to recover said funds it has expended
either by a civil action against the landowner, or his or her heirs,
successors or assigns, or by causing a lien to be recorded on the
property in an amount equal to the sums required to be expended.
If title to a property upon which a system is
located is transferred in any manner, the new landowner shall provide
the Township with an escrow account as required herein, within 30
days of the conveyance or transfer. The existing financial security
of the prior landowner will not be released until the new transferee
provides the escrow.
Nothing in this article shall be construed to
waive, affect or alter any requirements of the Zoning, Land Development
and Subdivision or any other ordinances or resolutions of the Township.
Nothing contained herein empowers any Township official to waive any
requirements of such ordinance and it is expressly understood and
agreed that the installation of the system upon the property does
not in any way constitute approval for any land development of the
property.
The landowner requesting the installation and
operation of the small flow sewage treatment system must enter into
an installation and maintenance agreement with the Township. This
agreement will be in the form required by the Township and list each
party's responsibility for construction, operation, maintenance and
other necessary undertakings to maintain the system. The landowner
shall provide a copy of said agreement to any Township Official upon
request.
