[HISTORY: Adopted by the Board of Supervisors
of the Township of Pennsbury 10-20-1997 by Ord. No. 1997-4. Amendments noted where
applicable.]
A.
This chapter shall be known and may be cited as "An
ordinance providing for a Sewage Management Program for Pennsbury
Township."
B.
In accordance with municipal codes, the Clean Streams Law (Act of June 22, 1937, P.L. 1987, No. 394 as amended, 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), specifically Title 25, Chapter 71, Section 71.71, it is the power and the duty of Pennsbury Township to provide for adequate sewage treatment facilities and for the protection of the public health by prohibiting the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for Pennsbury Township states that it is necessary to formulate and implement an on-lot management program to require the pumping of all individual on-lot systems in the Township so as 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 chapter is to provide for the
regulation, inspection, maintenance and rehabilitation of on-lot sewage
disposal systems; to permit intervention in situations which may constitute
a public nuisance or hazard 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 chapter, the following terms
shall have the meanings indicated:
The Township Code Enforcement Officer, the Township Manager,
the Township Engineer, or any enforcement officer employed or appointed
by the Chester County Health Department or the PA Department of Environmental
Protection (DEP).
The Board of Supervisors of Pennsbury Township, Chester County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage of a liquid nature for two or more lots, and
the treatment and/or disposal of the sewage on one or more lots or
at any other location for final disposal in whole or in part into
the soil. This includes land application by spray irrigation.
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A 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, backs
up into a building connected to the system or in any manner 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 condition
noted above occurs for any length of time during any period of the
year.
A system of piping, treatment tanks, and or other facilities
serving a single lot and collecting, treating and disposing of sewage
into a subsurface absorption area or spray irrigation system.
Any individual, partnership, corporation or other legal entity.
A watertight receptacle which receives and retains sewage
and is designed and constructed to hold sewage pending the ultimate
disposal of the sewage at another site.
Any substance that contains any of the waste products or
excrement or any 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 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].
An employee of The Chester County Health Department and/or
The Pennsylvania Department of Environmental Protection (DEP).
Pennsbury Township, Chester County, Pa.
A watertight receptacle which receives the discharge of sewage
from a house or building sewer line and is designed and constructed
so as to permit settling of settleable solids from the liquid digestion
of the organic matter by detention and discharge of the liquid portion
into a distribution system or pit for underground dispersion or elevated
sand mound, individual spray irrigation. Treatment tanks include septic
tanks, cesspools, aerobic units and the like.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
A.
The requirements of this chapter shall be effective
throughout the municipal limits of Pennsbury Township, Chester County.
B.
Operation, maintenance and repair.
(1)
The operation, maintenance and repair of an individual
on-lot sewage system shall be the responsibility of the lot owner,
provided however, that maintenance and repair shall be subject to
the continuing surveillance and inspection of the Township, its authorized
agents and/or a Sewage Enforcement Officer.
(2)
It shall be the responsibility of the owner of a lot which utilizes an on-lot sewage disposal system to have it pumped in accordance with the schedule set forth in § 116-4 of this chapter and to make such other repairs or replacements as are necessary to prevent the malfunctioning of the system.
(3)
Prior to the construction, repair and/or replacement
of an individual on-lot disposal system, a lot owner shall first obtain
a permit from the Chester County Health Department.
A.
Treatment tank systems.
(1)
The owner of a lot which uses a treatment tank system
must have the tank(s) pumped and the contents disposed of at a licensed
sewage disposal facility at least once every three years by a Chester
County Health Department licensed septic tank contractor. Every owner
of a treatment tank system existing on any lot on the effective date
of this chapter shall submit proof of the required pumping and disposal
to the Township's Code Enforcement Officer not later than December
31, 2000, as shall be acceptable to said officer. Such proof shall
be submitted to the Code Enforcement Officer demonstrating pumping
and disposal of the system's contents within the preceding twelve-month
period at least once every three years. The owner of a system installed
after the effective date of this chapter shall henceforth pump his
system once every three years following date of installation and shall
furnish proof to the Code Enforcement Officer as above.
(2)
As an alternative to the above, if the owner of a
lot with a treatment tank has the tank inspected during the above-mentioned
time period by a Chester County Health Department licensed septic
tank contractor and the licensed septic tank contractor certifies
that the treatment tank currently does not require pumping and that
pumping most likely will not be required before the year 2003, the
lot owner will not be required to have the treatment tank pumped at
the time of inspection. Beginning with the year 2003, to avoid pumping
at the time of the required inspection, the licensed septic tank contractor
must certify that most likely the tank will not require pumping before
the next inspection year. The results of each inspection must be reported
by the contractor to the Township on a form provided by the Township.
While the licensed septic tank contractor has the initial responsibility
for reporting inspection and pumping results, the final responsibility
belongs to the lot owner since it is the lot owner who will be subjected
to any penalties that may occur due to noncompliance with this chapter.
B.
Retaining tanks. The owner of a lot utilizing a retaining
tank(s) or a sewage treatment system designed or operated as a retaining
tank on the effective date of this chapter shall enter into a written
contract with a Chester County Health Department licensed septic tank
contractor requiring periodic pumping and disposal of the tank's contents
in accordance with the schedule required by the permit which authorized
the installation and use of the retaining system. A copy of the contract
shall be filed by the owner with the Code Enforcement Officer by August
31, 1998, and annually thereafter and shall be in effect and valid
for a period of at least one year. The owner of a system installed
after the effective date of this chapter shall submit the required
contract to the Code Enforcement Officer within one year of the installation
and annually thereafter.
C.
Stream discharge systems. The owner of a lot on which
a stream discharge sewerage system approved and permitted by the PaDEP
has been installed shall register the system with the Township within
90 days following the effective date of this chapter by filing a copy
of the current PaDEP permit, together with any other information required
by the Code Enforcement Officer to verify the current validity of
the permit and copies of any tests verifying the system's operational
integrity performed during the 12 months immediately preceding the
registration. The owner of a system installed after the effective
date of this chapter shall register the system with the Township within
90 days of such installation.
D.
Community on-lot disposal systems (COLDS). The operator(s) of any COLDS system shall submit regular reports to the Township. Reports shall be in the PaDEP format for Waste Management (Chapter 94) and Discharge Management reports.
F.
Classification. If the type of on-lot sewage system
is unknown, it shall be classified as a treatment tank system.
G.
Promulgation of regulations and required proof. In addition to the requirements specific in this § 116-4, the Board may, by resolution, promulgate such forms and regulations for the administration and enforcement of this chapter as it shall determine necessary. Failure of a lot owner to receive or secure any required form shall not constitute a defense to the enforcement or penalty provisions of this chapter.
A.
The Township's Code Enforcement Officer shall have
the power and authority to determine all issues relating to compliance
with the provisions of this chapter, and to bring and prosecute in
the name of the Township enforcement and penalty proceeding for violations
of its provisions.
B.
Appeals from the Code Enforcement Officer's determinations
or interpretations of the provisions of this chapter may be filed
with the Board within 30 days from the date of such determination
or interpretation. Appeals shall be heard and determined in accordance
with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551
et seq. The Board may request documentation and consult with the Township
Engineer or other competent authorities as it determines necessary
for a just resolution of the appeal, and may impose the reasonable
costs thereon upon the appellant; provided, however, that the Board
shall have no jurisdiction to hear or determine any appeal from the
action of the Code Enforcement Officer in prosecuting a violation
of this chapter in a summary proceeding before a District Justice.
Any person who violates any provision of this
chapter or who fails to comply with any of its provisions or regulation
promulgated hereunder or who fails or refuses to comply with any lawful
notice, order or direction of the Code Enforcement Officer or authorized
agent issued pursuant to this chapter shall upon conviction be guilty
of a summary offense, and, upon conviction by a District Justice,
shall pay a fine of not less than $100 nor more than $1,000, together
with the costs of prosecution, and, upon default in payment of the
fine and costs, shall be subject to imprisonment in the County Prison
for a term not exceeding 90 days. Each day during which any violation
of this chapter continues shall constitute a separate offense punishable
by like fine imprisonment.
A.
Any on-lot sewage disposal system may be inspected
by an authorized agent at any reasonable time as of the effective
date of this chapter.
B.
Such inspection may include a physical tour of the
property.
C.
A schedule of routine inspections may be established
to assure the proper functioning of the sewage systems in the Township.
D.
An authorized agent shall inspect systems known to
be, or alleged to be, malfunctioning. Should an inspection reveal
that the system is indeed malfunctioning, the authorized agent shall
order action to be taken to correct the malfunction. If total correction
cannot be done in accordance with the regulations of the DEP, including
but not limited to those outlined in Chapter 73 of Title 25 of the
Pennsylvania Code, or is not technically or financially feasible in
the opinion of the authorized agent and a representative of DEP, then
action by the property owner to mitigate the malfunction shall be
required.
The Board of Supervisors may by resolution adopt
a fee schedule for the administration of this chapter. Said schedule
shall be kept on file by the Township Manager and posted in the Township
building.
