[Adopted 9-5-1990 by Ord. No. 83]
This article shall be known and cited as the "Community Sewage Disposal System Management Program of the Township of Chadds Ford."
The purpose of this article is to provide for the management, operation, maintenance, inspection and rehabilitation of community sewage disposal systems, both on-lot and stream discharge; establish penalties for compliance failure; and structure procedures necessary for the proper administration of such a program.
The provisions within this article apply to any person, partnership, corporation or other entity who or which is the owner(s) or agent of the owner(s) of a community sewage disposal system or otherwise engaged in the design, installation, operation and maintenance of such community sewage disposal systems as are permitted by the Township and the Department of Environmental Protection.
[1]
Editor's Note: Former § 95-16, Definitions, was repealed 9-7-2016 by Ord. No. 145. See now Art. VI, Definitions.
The owner(s) of the community sewage disposal system shall be responsible for obtaining all required permits from the Township, Authority, Department of Environmental Protection and any other agencies requiring permits for the installation and operation of such systems.
All community sewage disposal systems shall be designed and constructed in accordance with the standards set forth by the Township or Authority.
All privately owned community sewage disposal systems subject to this article shall not be installed, constructed or operated without the owners providing to the Authority the following:
A. 
The identity of all owners and users of the community sewage disposal system.
B. 
A maintenance plan providing periodic maintenance practices, reflecting compliance with such regulations as the Authority may adopt and identifying the name and address of any contractor engaged to operate and/or maintain the community sewage disposal system.
C. 
A plan for the assessment of liability for operating, maintenance and repair expenses among the owner(s) and/or users of the system.
D. 
Agreements that allocate among system owner(s) and/or users the liability for expenses incurred by the Township, Authority or their authorized agents if the system has been declared in violation of municipal, state or federal statutes, ordinances, rules or regulations.
E. 
An established fee schedule for all system users providing for an assigned percentage of the users' monthly cost to be deposited in a maintenance escrow account in accordance with the approved maintenance plan.
F. 
Absent other security acceptable to the Authority, provision for a forfeiture bond or other equity equal to 50% of the cost of the community sewage disposal system, to be held as security until the maintenance escrow is equal to 50% of the original cost of the community sewage disposal system.
G. 
Evidence of liability insurance as may be required by the Authority to protect against third party damage from the community sewage disposal system.
Any maintenance escrow fund, forfeiture bond or equity provided by the owner(s) of a community sewage disposal system shall be maintained as security subject to the following conditions:
A. 
The security may be claimed by the Authority or Township where:
(1) 
Ordered to do so by Pennsylvania Department of Environmental Protection in accordance with the provisions of the Clean Streams Law (35 P.S. §§ 60091.1 to 60091.1001[1]) or the Pennsylvania Sewage Facilities Act of January 24, 1986 (P.L. 1535 as amended, 35 P.S. § 750.1 et seq.);
[1]
Editor's Note: See now 35 P.S. § 691.1 et seq.
(2) 
It is necessary for the Township or Authority to protect the general welfare and public health of its citizens; or
(3) 
The owner(s) of the system has been cited or convicted of a violation(s) of Township, state or federal laws, ordinances, rules or regulations relating to the operation of the community sewage disposal system.
B. 
A security required by this article shall be used only for the direct or indirect expenses incurred by the Township or Authority, or their authorized agents, for the operation, maintenance, rehabilitation or repair of the collection and treatment components of the system and associated fines, penalties or lawsuits in equity.
All community sewage disposal systems must be recognized in the Township's official plan for sewage disposal as part of its sewage management program and shall be subject to regular inspection both during construction and operation by the Authority or its authorized agent. Inspection of a community sewage disposal system by the Authority may include:
A. 
The periodic evaluation and examination of any component of the sewage disposal system to determine its compliance with the Township, Authority, county or state standards.
B. 
The regular sampling of any sewage, treated effluent soils, surface and/or groundwaters in the disposal and/or treatment areas.
A. 
The owner(s) of a private community sewage disposal system shall either contract with a certified sewage treatment plant operator for the operation and maintenance of its system or make other provisions acceptable to the Authority.
B. 
Copies of operation and maintenance contracts pertaining to a private community sewage disposal system shall be provided to the Authority.
C. 
Reports pertaining to plant operations and testing shall be provided to the Authority on at least a quarterly basis throughout the year.
There shall be imposed on the owner(s) of a privately owned community sewage disposal system such fees or other charges as the Authority may from time to time direct by its regulations.
A. 
Such charges may include permit fees, construction inspection fees and annual administration and inspection fees.
B. 
The right to establish charges and fees by a sewage management fee resolution, to increase, decrease or reallocate said charges and fees from time to time, to best implement the sewage management program is reserved to the Authority.
[Amended 12-14-2009 by Ord. No. 122]
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, 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 Magisterial District Judge. 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.
The provisions of this article shall be retroactive and applied to all existing community sewage disposal systems and their operative components.