[HISTORY: Adopted by the Board of Supervisors
of the Township of Shirley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-29-1979 by Ord. No. 1979-1]
[Amended 1-28-2016 by Ord. No. 2016-1]
Unless the context specifically and clearly
indicates otherwise, the meanings of terms and phrases used in this
article shall be as follows:
Shirley Township General Authority, a Pennsylvania municipality
authority, acting by and through its Board or, in appropriate cases,
acting by and through its authorized representatives.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
A situation arising from a sanitary sewer line, including
from a building sewer line, that requires the Authority's and/or
the Township's immediate attention to protect public health and
the sanitary sewer system, including, but not limited to, raw sewage
backups on a property, including on a property other than the property
that has caused or created the nuisance.
This reference shall include the masculine as well as the
feminine, and the plural as well as the singular.
Any property located within this Township upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
Any solid, liquid or gaseous substance or form of energy
ejected or escaping in the course of any industrial, manufacturing,
trade or business process or in the course of the development, recovery
or processing of natural resources, as distinct from sanitary sewage.
That part of the sewer system extending from a sewer to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a sewer which is provided for connection
of any building sewer.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation or other group or entity.
Normal water-carried household and toilet wastes discharged
from any improved property.
Any pipe, main or conduit constituting a part of the sewer
system used or usable for sewage collection purposes.
All facilities, as of any particular time, for collecting,
transporting, pumping, and/or disposing of sanitary sewage and/or
industrial wastes, situate in this Township and owned, maintained
and operated by the Authority.
The Township of Shirley, Huntingdon County, Pennsylvania,
a political subdivision, acting by and through its Board of Supervisors
or, in appropriate cases, by and through its authorized representatives.
A.ย
The owner of any improved property which is located
in this Township and is accessible to and whose principal building
is within 150 feet of the sewer system shall connect such improved
property therewith, in such manner as this Township and the Authority
may require, within 60 days after notice to such owner from this Township
to make such connection, for the purpose of discharge of all sanitary
sewage and industrial wastes from such improved property, subject
to such limitations and restrictions as shall be established by this
Township or the Authority, from time to time.
B.ย
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under Subsection A, shall be conducted into a sewer, subject to such limitations and restrictions as shall be established herein or as otherwise shall be established by this Township, from time to time.
C.ย
D.ย
Maintenance of privy vaults, cesspools, sinkholes,
septic tanks and similar receptacles unlawful; abandonment.
(1)ย
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.
(2)ย
Every such privy vault, cesspool, sinkhole, septic
tank or similar receptacle in existence shall be abandoned and, at
the discretion of this Township, shall be cleansed and filled at the
expense of the owner of such improved property and under the direction
and supervision of this Township; and any such privy vault, cesspool,
sinkhole, septic tank or similar receptacle not so abandoned and,
if required by this Township, cleansed and filled, shall constitute
a nuisance, and such nuisance may be abated as provided by law, at
the expense of the owner of such improved property.
E.ย
No privy vault, cesspool, sinkhole, septic tank or
similar receptacle at any time shall be connected with a sewer.
F.ย
The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments at the time in effect, and a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.
A.ย
Except as otherwise provided in this Subsection A, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of this Township and the Authority, in writing, shall have been secured.
B.ย
All costs and expenses of construction of a building
sewer and all costs and expenses of connection of a building sewer
to a sewer shall be borne by the owner of the improved property to
be connected; and such owner shall indemnify and save harmless this
Township and the Authority from all loss or damage that may be occasioned,
directly or indirectly, as a result of construction of a building
sewer or of connection of a building sewer to a sewer.
C.ย
A building sewer shall be connected to a sewer at
the place designated by the Authority and where the lateral is provided.
The invert of a building sewer at the point of connection shall be
at the same or a higher elevation than the invert of the sewer. A
smooth, neat joint shall be made, and the connection of a building
sewer to the lateral shall be made secure and watertight.
D.ย
If the owner of any improved property located in this Township and accessible to and whose principal building is within 150 feet of the sewer system, after 60 days' notice from this Township, in accordance with ยงย 210-2A, shall fail to connect such improved property, as required, this Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, this Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, this Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
A.ย
Where an improved property, at the time connection
to a sewer is required, shall be served by its own sewage disposal
system or device, the existing house sewer line shall be broken on
the structure side of such sewage disposal system or device and attachment
shall be made, with proper fittings, to continue such house sewer
line, as a building sewer.
B.ย
No building sewer shall be covered until it has been
inspected and approved by this Township and the Authority. If any
part of a building sewer is covered before so being inspected and
approved, it shall be uncovered for inspection at the cost and expense
of the owner of the improved property to be connected to a sewer.
C.ย
Every building sewer of any improved property shall
be maintained in a sanitary and safe operating condition by the owner
of such improved property.
D.ย
Every excavation for a building sewer shall be guarded
adequately with barricades and lights to protect all persons from
damage and injury. Streets, sidewalks and all other public property
disturbed in the course of installation of a building sewer shall
be restored, at the cost and expense of the owner of the improved
property being connected, in a manner satisfactory to the Township.
E.ย
If any person shall fail or refuse, upon receipt of
a notice from this Township or the Authority, in writing, to remedy
any unsatisfactory conditions with respect to a building sewer, within
60 days of receipt of such notice, this Township or the Authority
may refuse to permit such person to discharge sanitary sewage and
industrial wastes into the sewer system until such unsatisfactory
conditions shall have been remedied to the satisfaction of this Township
and the Authority.
F.ย
This Township reserves the right to adopt, from time
to time, additional rules and regulations as it shall deem necessary
and proper relating to connections with a sewer and the sewer system,
which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as a part of this article.
[Added 1-28-2016 by Ord.
No. 2016-1[1]]
The discharge of untreated or partially treated sewage to the
surface of the ground or into the waters of this commonwealth, except
as specifically approved by the Pennsylvania Department of Environmental
Protection, or successor agency, under ยงยงย 202 and 207
of the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law," (35 P.S. ยงย 691.202; 35 P.S. ยงย 691.207)
or permitted by the Township of Shirley pursuant to ยงย 7.3
of the Pennsylvania Sewage Facilities Act (35 P.S. ยงย 750.7c),
shall constitute a nuisance and shall be abatable in the manner provided
by law.
[Added 1-28-2016 by Ord.
No. 2016-1[1]]
Any condition as defined in ยงย 210-5, above, is hereby declared to be a public nuisance which may be abated as provided in this chapter.
[Added 1-28-2016 by Ord.
No. 2016-1]
A.ย
Declaration of nuisance. The Authority shall have the power, as a
body, by committee or by any of its officers or employees, to enter
upon any premises at any time to investigate any condition defined
herein. After investigation, said condition, if applicable, shall
be declared a nuisance.
B.ย
Orders to abate. The Authority shall have the power to order that
such nuisance be abated or shall act to abate said nuisance, as the
cause may require, in accordance with the procedures set forth below.
C.ย
Nonemergency abatement procedure.
(1)ย
After complaint or on its own motion, the Authority shall make a finding that a nonemergency nuisance exists. The Authority must serve its notice to abate and order to correct as set forth in Subsection C(2), below.
(2)ย
The Board of the Authority shall cause a written notice to abate
and order to correct to be served, by one authorized so to do, upon
the owner and the occupant of the property, in one of the following
manners:
(a)ย
By making personal service or delivery of the notice and order
to correct to the owner and, if applicable, to the occupant of the
premises; or
(b)ย
By handing a copy:
[1]ย
At the residence of the owner to the owner and, if applicable,
to the occupant, to an adult member of the family with whom he resides;
but if no adult member of the family is found, then to an adult person
in charge of such residence; or to an adult person in charge of the
property where the condition is located; or
[2]ย
At the residence of the owner to the clerk or manager of the
hotel, inn, apartment house, boardinghouse or other place of lodging
at which he resides; or
[3]ย
At any office or usual place of business of the owner or his
agent or to the person for the time being in charge thereof; or
(c)ย
By mailing a copy of the notice and order to correct to the
last known address of the owner as set forth in the tax records of
Huntingdon County, Pennsylvania, and, if applicable, to the occupant,
by certified mail, return receipt requested, restricted delivery,
and concomitantly mailing a copy of said notice by U.S. first-class
mail, as evidenced by a U.S. postal certificate of mailing.
(e)ย
If the certified mail, return receipt requested, restricted delivery and the U.S. first-class mail are both returned by the postal authorities, and, if service cannot reasonably and expeditiously be made in any other manner under Subsection C(2)(a) through (c), service shall be made by posting a copy of the notice and order to correct in a conspicuous place visible to the public and to any owner or occupant of the property, on the property which is the subject of or is the property affected by the notice and order to correct.
D.ย
Order to correct. Such notice shall contain an order to correct,
which shall include:
(1)ย
A description sufficient to identify the condition and the location
of the condition; and
(2)ย
An order to correct to such owner or occupant to take action
to correct the condition within a specified time no less than within
20 days after the date of the notice and order to correct and, thereafter,
to comply fully with the terms of the notice and order to correct
with reasonable dispatch as is deemed necessary by the Authority to
correct the condition under the circumstances; and
(3)ย
A warning substantially to the effect that if the condition
is not corrected within the time fixed in the order to correct, the
failure to correct the condition could result in the condition being
abated by the Authority as a public nuisance at the cost and expense
of the owner of the property; and
(4)ย
Both the owner and the occupant of a premises/property shall
be responsible for carrying out or complying with the order to correct.
E.ย
Should the owner or agent or occupant liable fail to abate said nuisance,
the Authority may then abate the nuisance and charge the costs thereof
to the owner of the premises.
F.ย
Emergency abatement procedure.
(1)ย
Notwithstanding any of the above provisions, when an emergency
situation exists which, in the opinion of the Authority, may cause
an immediate danger to public health, safety and welfare, including
an immediate danger to the sanitary sewer system, the Authority may
immediately act to abate the nuisance in order to protect the public
health, safety and welfare. As soon as practicable, the Authority
shall notify the owner or other responsible party, detailing the work
required. If practical, the Authority may meet with the owner or responsible
party to detail the nature of the nuisance and the scope of the work
and the costs involved to so abate the nuisance. In this emergency
situation, said notification shall be deemed acceptable notice of
the nuisance.
G.ย
After said notification, the owner or responsible party shall have
the opportunity to appeal the finding of the nuisance and the extent
of the work to the Board of the Shirley Township General Authority
within 30 days. In order to so appeal, the owner or responsible party
must timely notify the Authority, in writing, of his intent to appeal.
After receiving such notice, the Authority shall schedule a hearing
before the Board or any committee thereof. Within 10 days of the hearing,
the Board shall certify its findings to the owner or other responsible
party. If the owner or responsible party elects to appeal, no enforcement
or collection actions, including but not limited to filing of municipal
liens or suits at law or equity, shall be filed until the Board certifies
its findings to the owner or other responsible party. However, any
such appeal shall not stay or prevent the Authority from taking such
actions necessary and appropriate to abate the nuisance to protect
the public health, safety and welfare from the immediate danger.
H.ย
Costs of abatement. Notice of the costs of the abatement and a request
to make payment within 30 days of the date thereof shall be sent or
given to the owner. Upon failure of the owner to pay the cost thereof
after notice to the owner and a request for payment, the Authority
may collect the cost thereof by the filing of a municipal claim in
the manner provided by law for the collection of municipal claims.
If payment is not forthcoming upon request to the owner therefor by
the Authority, the Authority shall certify the expenses incurred in
abating any nuisance to the Authority's Solicitor, who shall
collect or lien the same in the manner currently now provided for
municipal claims, together with interest at a rate 10% per annum,
together with reasonable attorneys' fees at the rate determined
by resolution of the Authority adopted from time to time in accordance
with Pennsylvania Municipal Claims and Liens Law, 53 P.S. ยงย 7106.
Additionally, the costs may also be collected by an action in assumpsit
(a civil action).
[Amended 3-7-2008 by Ord.
No. 2008-1; 1-28-2016 by Ord. No. 2016-1]
A.ย
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
B.ย
Fines and costs imposed under provisions of this article shall be
enforceable and recoverable in the manner at the time provided by
applicable law.
[Added 1-28-2016 by Ord.
No. 2016-1]
The imposition of the remedies or penalties herein prescribed
are not exclusive, but, on the contrary, they are cumulative and the
exercise of one remedy or penalty shall not preclude the Authority
and, as applicable, the Township, from instituting an appropriate
action, in law or equity, or taking appropriate legal or equitable
action under this article or otherwise, to restrain, correct or abate
the nuisance or violation and/or stop any illegal act or conduct.
It is declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
[Adopted 12-30-2002 by Ord. No. 2002-3[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Holding Tanks, adopted 7-29-1991 by Ord. No. 2-1991, as amended.
As an attempt to protect the waters and soils of Shirley Township
from contamination by untreated sewage wastes, and to protect the
health of all citizens of Shirley Township, the Board of Supervisors
has adopted and will enforce this article (Ordinance No. 2002-3).
The purpose of this article is threefold:
A.ย
To bring, and keep, Shirley Township within the requirements of the
Clean Streams Law (Act of 1937, P.L. 1987, No. 394) and the Pennsylvania
Sewage Facilities Act (Act of 1965 P.L. 1535, No. 537, as amended,
known as Act 537). As mandated by Shirley Township Codes, the Clean
Streams Law (35 P.S. ยงย 691.1001) and the Pennsylvania Sewage
Facilities Act (35 P.S. ยงย 750.1 et seq.), Shirley Township
has the power and the duty to provide for adequate sewage treatment
facilities and for the protection of public health by preventing the
discharge of untreated or inadequately treated sewage.
B.ย
To provide for inspection, pumping, maintenance and rehabilitation
of private and public on-lot sewage disposal systems when determined
necessary by the Township, or its authorized agent; to further permit
Shirley Township 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.
C.ย
To provide for environmentally sound disposal sites for treated and
untreated solids and scum from septic tanks; holding tank wastes;
and treated sludge from wastewater treatment facilities.
D.ย
To provide and establish procedures for the use and maintenance of
existing and new privies designed to receive and retain sewage whether
from residential or commercial uses.
E.ย
To provide and establish procedures for the use and maintenance of
existing and new holding tanks designed to receive and retain sewage
whether from residential or commercial uses.
The following definitions shall apply for the various terms
throughout this article:
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil; it consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
The Pennsylvania Sewage Facilities Act (35 P.S. ยงยงย 750.1
to 750.20).
The Board of Supervisors of Shirley Township, Huntingdon
County, Pennsylvania.
The Board of Supervisors of Shirley Township, Huntingdon
County, Pennsylvania.
A Township employee, or consultant, designated to perform
a specific task for Shirley Township (Sewage Enforcement Officer,
Codes Enforcement Officer, etc.). An authorized agent designated to
perform a certain duty shall be familiar with that duty and competent
to perform the duty. Depending on the duty, he or she may also need
to be certified and/or licensed.
Piping carrying liquid wastes from a building to the treatment
tank or holding tank.
The Clean Streams Law (35 P.S. ยงยงย 691.1 to
691.1001).
The Department of Environmental Protection of the commonwealth.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
Any property within Shirley Township upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
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 waters of this commonwealth or by means of conveyance
to another site for final disposal.
A soil horizon or condition in the soil profile or underlying
strata which includes one of the following:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling.
A rock with open joints, fracture or solution channels, or masses
of loose rock fragments, including gravel, with insufficient fine
soil to fill the voids between the fragments.
A rock formation, other stratum or soil condition which is so
slowly permeable that it effectively limits downward passage of effluent.
Shirley Township (or any combination of townships acting
cooperatively or jointly under the laws of the commonwealth), county,
county department of health or joint county department of health.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which should not be further subdivided. Whenever a lot
is used for a multiple-family dwelling or for commercial, institutional
or industrial purposes, the lot shall be deemed to have been subdivided
into an equivalent number of single-family residential lots as determined
by estimated sewage flows.
The Township of Shirley, Huntingdon County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
systems, adopted by Shirley Township or townships possessing authority
or jurisdiction over the provision of the systems, and submitted to,
and approved by, the Department as provided by the act, and this article.
A change in the Shirley Township's Official Plan to
provide for additional or newly identified or existing sewage facilities
needs, which may include but not limited to:
UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or Shirley Township determines the Official Plan or its parts is inadequate for the existing or future sewage facilities needs of Shirley Township or its residents or landowners.
REVISION FOR NEW LAND DEVELOPMENTA revision to Shirley Township's Official Plan resulting from a proposed subdivision as defined in the act.
SPECIAL STUDYA study, survey, investigation, inquiry, research, report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
Any person as hereinafter defined, vested with ownership,
legal or equitable, sole or partial, or any property located within
Shirley Township.
A individual, association, public or private corporations
for-profit or not-for-profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States, commonwealth, political
subdivision, Shirley Township, district, authority or another legal
entity which is recognized by law as the subject of rights and duties.
The term includes the members of an association, partnership or firm
and the officers of a local agency or township, public or private
corporation for-profit or not-for-profit.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage where water under pressure or piped
wastewater is not available, and is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances being harmful or inimical to the
public health, or the animal or aquatic life, or to the use of water
for domestic water supply or for recreation, or which constitutes
pollution under the Clean Stream Law.[1]
The official of the local agency who issues permits, reviews
permit applications and sewage facilities planning modules and conducts
investigations and inspections necessary to implement the act and
the regulations thereunder.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste.
INDIVIDUAL SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
INDIVIDUAL SEWERAGE SYSTEMAn individual sewage system which uses a method of sewage collection conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
COMMUNITY SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
COMMUNITY ON-LOT SEWAGE SYSTEMA community sewage system which uses a system of piping, tanks or other facilities for collecting, treating, and disposing of sewage into a subsurface soil absorption area or retaining tank.
COMMUNITY SEWERAGE SYSTEMA community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
A program authorized by the official actions of Shirley Township
for the administration, management and regulation of the disposal
of sewage.
A layer of soil approximately parallel to the soil surface,
the chemical and physical characteristics of which are distinguishable
by observation or other method of analysis, from the chemical and
physical characteristics in adjacent layers of soil.
The collection of soil horizons, including the natural organic
layers on the surface.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other division of
land, including changes in existing lot line. The enumerating of lots
shall include as a lot that portion of the original tract remaining
after other lots have been subdivided therefrom.
Soil or soil profile, unaltered by addition-filling, removal
or other man-induced changes other than agricultural activities for
a minimum of four years prior to testing.
Rivers, streams, creeks, rivulets, impoundment, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs, and
other bodies or channels of conveyance of surface and underground
water, or of their parts, whether natural or artificial, within or
on the boundaries of this commonwealth.
[1]
Editor's Note: See 35 P.S. ยงย 691.1 et seq.
The provisions of this article shall apply to every person owning
property serviced by an on-lot sewage, or sewerage, system within
Shirley Township; all persons or businesses servicing on-lot systems
(constructing on-lot systems, pumping out septic tanks, repairing
on-lot systems); wastewater treatment authorities and other generators
of solid wastes that may be land-applied for agricultural utilization
or land reclamation; and owners of land application sites accepting
sludge, septage, biosolids, or other solid wastes used in a beneficial
way. The provisions of this article shall also apply to every person
owning property serviced by either a privy or holding tank.
A.ย
Sewage permit requirements.
(1)ย
No person shall install, construct, or request bid proposals for
construction or alter any individual sewage system or community sewage
system or construct or request bid proposals for construction or install
or occupy 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
are in compliance with the provisions of the Pennsylvania Sewage Facilities
Act, Act of 1965, P.L. 1535, No. 537,[1] and the standards adopted pursuant to that Act. Application
for permit shall be in writing to the local agency in accordance with
the provisions of ยงย 8 of the Sewage Facilities Act ("Act
537"), and shall be made in such form and shall include such data
as the Department may prescribe.
[1]
Editor's Note: See 35 P.S. ยงย 750.1 et seq.
(2)ย
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 Shirley Township Sewage Enforcement
Officer (SEO). If 72 hours have elapsed, excepting Sundays and holidays,
since the SEO issuing the permit received notification of completion
of construction, the applicant may cover said system or structure
unless permission has been refused by the SEO.
(3)ย
Permits for individual sewage systems or community sewage systems
shall not be issued unless the proposed system is consistent with
the Township Official Plan.
(4)ย
Shirley Township may require applicants for sewage permits to notify
Shirley Township's SEO of the schedule for construction of the
permitted on-lot sewage disposal system so that inspection(s) in addition
to the final inspection required by Act 537 may be scheduled and performed
by Shirley Township's SEO at the cost of the applicant.
(5)ย
No building or occupancy permit shall be issued by Shirley Township,
its Codes Enforcement Officer (CEO) or its authorized agent for a
new building which will contain sewage-generating facilities until
a valid sewage permit has been obtained from Shirley Township's
SEO.
(6)ย
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure, if
said alteration or conversation will result in the increase or potential
increase in sewage flows from the structure, until Shirley Township's
CEO, or authorized agent, and the structure's owner receive from
Shirley Township's SEO either a permit for alteration or replacement
of the existing sewage disposal system or written notification that
such a permit will not be required. In accordance with Chapter 73
regulations,[2] the SEO shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
[2]
Editor's Note: See 25 Pa. Code, Ch. 73.
(7)ย
Sewage permits may be issued only by a certified SEO employed by
Shirley Township for that express purpose. The Department shall be
notified by Shirley Township as to the identity of its currently employed
SEO.
(8)ย
No sewage permit may be issued unless proof is provided that: the
owner of record has owned the lot prior to May 15, 1972; Shirley Township
has an official updated Act 537 Plan; the official Act 537 Plan has
previously addressed the lot in question or a planning module for
that lot has been approved by Shirley Township and the Department;
and the Act 537 planning for that lot has been approved by Shirley
Township.
(9)ย
No final Act 247 approval on a subdivision plan may begin until Act
537 planning is approved by Shirley Township and the Department.
B.ย
Privy permit requirements.
(1)ย
Rights and privileges granted. The agency is hereby authorized and
empowered to undertake within Shirley Township the control and methods
of privy use, sewage disposal, and sewage collection and transportation
thereof.
(2)ย
Rules and regulations. The agency is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein.
(3)ย
Rules and regulations to be in conformity with applicable law. All
such rules and regulations adopted by the agency shall be in conformity
with the provisions herein, all other ordinances of Shirley Township,
and all applicable laws, and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
(4)ย
Rates and charges. The agency shall have the right and power to fix,
charge and collect rates, assessments, and other charges in the area
served by its facilities at reasonable and uniform rates as authorized
by applicable law.
(5)ย
Conditions of privy use.
(a)ย
The property owner must show that site and soil suitability
testing of the lot has been conducted by the Sewage Enforcement Officer
(SEO) and that the site meets the Title 25, Chapter 73 (Standards
for Sewage Disposal Facilities),[3] requirements for the ultimate sewage disposal by an approved
on-lot system if water under pressure or piped wastewater becomes
available to the lot.
[3]
Editor's Note: See 25 Pa. Code, Ch. 73.
(b)ย
At such time that water under pressure becomes available, the
property owner must remove the privy and replace the privy with an
approved on-lot system.
(c)ย
The conditions of use described in Subsection B(5)(a) above do not apply:
[1]ย
To a privy to be used on a lot of record in existence prior
to May 15, 1972, which is one acre or larger, and is not nor will
not be served by water under pressure in the future.
[2]ย
To temporary use of portable retention tanks where their use
is proposed at construction sites or at the site of public gatherings
and entertainment.
(d)ย
Specific conditions for use of privies shall be incorporated
in the permit application and permit for the proposed use of a privy.
(e)ย
The authority is provided the opportunity to inspect the privy
for proper operation, maintenance and content disposal.
(6)ย
Exclusiveness of rights and privileges. The collection and transportation
of all sewage from any improved property utilizing a privy shall be
done solely by or under the direction and control of the agency, and
the disposal thereof shall be made only at such site or sites as may
be approved by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
(7)ย
Duties of improved property owner. The owner of an improved property
that utilizes a privy shall:
(a)ย
Maintain the privy in conformance with this or any ordinance
of Shirley Township, the provisions of any applicable law, and the
rules and regulations of the agency and any administrative agency
of the Commonwealth of Pennsylvania.
(b)ย
Permit only an agency-licensed pumper/hauler to collect, transport,
and dispose of the contents therein.
(c)ย
Abandon the privy consistent with applicable public health and
environmental standards and obtain a permit for and install an approved
on-lot system meeting Chapter 73 standards[4] in the event that water under pressure or piped wastewater
becomes available to the property.
[4]
Editor's Note: See 25 Pa. Code, Ch. 73.
(d)ย
Permit the agency to enter upon lands to inspect the privy for
proper operation, maintenance and contents disposal.
C.ย
Holding tank permit requirements.
(1)ย
Right and privileges granted. The authority is hereby authorized
and empowered to undertake within the Township the control and methods
of holding tank use, sewage disposal and sewage collection and transportation
thereof.
(2)ย
Rules and regulations. The authority is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein.
(3)ย
Rules and regulations to be in conformity with applicable law. All
such rules and regulations adopted by the authority shall be in conformity
with the provisions herein, all other ordinances of the Township,
and all applicable laws, and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
(4)ย
Rates and charges. The authority shall have the right and power to
fix, alter, charge and collect rates, assessments, and other charges
in the area served by its facilities at reasonable and uniform rates
as authorized by applicable law.
(5)ย
Exclusiveness of right and privileges.
(a)ย
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the authority, and the disposal thereof
shall be made only at such site or sites as may be approved by the
Department of Environmental Resources of the Commonwealth of Pennsylvania.
(b)ย
The authority will receive, review and retain pumping receipts
from permitted holding tanks.
(c)ย
The authority will complete and retain annual inspection reports
for each permitted tank.
(6)ย
Duties of improved property owner. The owner of an improved property
that utilizes a holding tank shall:
(a)ย
Maintain the holding tank in conformance with this article or
any ordinance of this Township, the provisions of any applicable law,
and the rules and regulations of the authority and any administrative
agency of the Commonwealth of Pennsylvania.
(b)ย
Permit only the authority or its agent to inspect holding tanks
on an annual basis.
(c)ย
Permit only an authority's authorized pumper/hauler to
collect, transport and dispose of the contents therein.
Any person who shall install new or rehabilitated sewage systems
shall provide a marker or markers at ground level locating the septic
tank, dosing tank, equalization (distribution) box, absorption area
and other important items which may be needed in case future maintenance,
inspection or rehabilitation is required. Requirements for marker
types and locations will be determined by the sewage system designer
and approved by the SEO. Other requirements for sewage system construction,
contained within Chapter 73 of the Pennsylvania Code,[1] shall be followed as well.
[1]
Editor's Note: See 25 Pa. Code, Ch. 73.
A.ย
Requirements.
(1)ย
After the effective date of this article, a replacement area for
an individual on-lot sewage system shall be required for all lots
to be created which are not serviced, or to be serviced, by a community
sewerage system; did not previously have a permit issued for installation
of an on-lot sewage system. Lots existing prior to the effective date
of this article shall be exempt from the requirements of this section.
(2)ย
The replacement area provided shall comply with the regulations issued
by the Department as incorporated into this article concerning individual
on-lot sewage systems, including isolation distances, and with terms
of this article and any other applicable Township ordinances.
B.ย
Identification of replacement areas.
(1)ย
Each applicant who shall submit a plan for the subdivision or development
of land, with marginal soils as defined in the Department's Form
D, or who shall request approval of a planning module for land development
or the adoption of a revision, exception to revision, or supplement
to the Official Plan shall demonstrate, to the satisfaction of the
SEO, that a suitable area exists on the lot or on each lot to be created
for an initial individual on-lot sewage system and for the replacement
area. Allowance of open land for the replacement area without testing
performed or observed by the SEO shall not constitute compliance with
the requirements of this section.
(2)ย
The location of the initial individual on-lot sewage system and the
replacement area as confirmed by the SEO shall be identified on the
plot plans and diagrams submitted as part of the permit application.
(3)ย
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 Shirley Township approve a planning module or amend its Official
Plan, or a request for an exemption to the revision of the Official
Plan, the location of each initial on-lot sewage system and each replacement
area shall be noted upon the plans. The permanent easement shall be
added to the plans stating that no improvements shall be constructed
upon the replacement area, and the deed to be recorded for each lot
created as part of the subdivision or land development shall contain
language reflecting this limitation.
(4)ย
Any revisions to a permit or plan affecting a replacement area which
has been approved pursuant to the provisions of this article shall
be reviewed for approval by the Board or its authorized representative.
C.ย
Construction restrictions.
(1)ย
The easement for the replacement area noted upon the plan and recorded
with the Huntingdon County Recorder of Deeds shall state that no permanent
or temporary improvement of any character, other than shallow-rooted
plant matter, shall be constructed on the replacement area.
(2)ย
This provision shall be enforced by Shirley Township unless the person
who desires to construct such improvements shall demonstrate to the
satisfaction of the SEO that an alternate replacement area which complies
with all other applicable Township ordinances exists upon the lot.
If such an alternate replacement area shall be identified, the alternate
replacement area may be considered to be the replacement area by this
article and shall be designated as the replacement area. The newly
designated replacement area shall thereafter be considered the replacement
area for the purpose of this article. The owner of the property shall
file a corrective deed in the office of the Huntingdon County Recorder
of Deeds showing this newly designated replacement area.
D.ย
Relief from replacement area requirement.
(1)ย
If any lot held in single and separate ownership as of the effective
date of this article does not contain land suitable for a replacement
area, the applicant submitting a land development plan or a planning
module for land development or desiring to install an individual on-lot
sewage system may request that the Board grant an exception to the
requirement of providing a replacement area. The applicant for such
an exemption shall present credible evidence to the Board demonstrating
proof that:
(a)ย
The lot was held in single and separate ownership on the effective
date of this article;
(b)ย
The size of the lot;
(c)ย
Inability of the applicant to acquire adjacent land or the unsuitability
of adjacent land which might be able to be acquired; and
(d)ย
The testing conducted to determine that the lot is not suitable
to provide a replacement area.
A.ย
Inspections of on-lot sewage disposal systems.
(1)ย
Any on-lot sewage disposal system may be inspected by Shirley Township's
authorized agent at any reasonable time as of the effective date of
this article providing one or more of the following:
(2)ย
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, or other groundwater sources,
the sampling of the contents of the sewage disposal system itself
and/or the introduction of traceable substances into the interior
plumbing of the structure served (providing a responsible resident/owner,
over the age of 18, is present) to ascertain the path and ultimate
destination of the wastewater generated in the structure. A copy of
the inspection report shall be furnished to the owner and the current
resident which shall include all of the following information which
is reasonably available to the individual or agency responsible for
pumping the septic tank: date of inspection; name and address of the
system owner; description and diagram of the location of the system
including location of access hatches, risers, and markers; size of
tanks and disposal fields; current occupant's name and number
of users; indication of any systems malfunction observed; results
of any and all soils and water tests; any remedial action required.
(3)ย
Shirley Township's authorized agent shall have the right to
enter upon land for the purposes of inspections described above. In
the event that access to inspect the property is denied, or if no
responsible resident/owner over the age of 18 is present and a serious
health or safety risk is thought to exist, the following steps shall
be taken:
(a)ย
The matter will be officially presented to at least one Township
Supervisor.
(b)ย
The Board may schedule a review at the next scheduled meeting
of the Board, or, if the situation threatens the health or safety
of the residents of Shirley Township, the Board may commence an immediate
procedure to obtain a search warrant from the District Justice.
(c)ย
Upon receipt of a search warrant to inspect the property, the
authorized agent of Shirley Township shall be accompanied by an officer
of the County or State Police and Shirley Township's SEO. An
inspection shall be completed in accordance with this subsection.
(4)ย
A schedule of routine inspections may be established by Shirley Township,
if necessary, to assure the proper function of the systems in Shirley
Township.
(5)ย
Shirley Township's SEO shall inspect systems known to be, or
alleged to be, malfunctioning. Should said inspections reveal that
a system is malfunctioning, Shirley Township shall take the actions
to make the property owner correct the malfunction. The Pennsylvania
Infrastructure and Investment authority may have available low-interest
1% loans for system rehabilitation or replacement.
(6)ย
There may arise geographic areas within the Township where numerous
on-lot sewage disposal systems are malfunctioning. A resolution of
these area-wide problems may necessitate detailed planning and a Township-sponsored
revision to that area's Official Plan. When a Department-authorized
Official Plan revision has been undertaken by Shirley Township, mandatory
repair or replacement of individual malfunctioning sewage disposal
systems, within the study area, may be delayed at the discretion of
Shirley Township's Act 537 Plan revision process. However, Shirley
Township may compel immediate corrective action whenever a malfunction,
as determined by Township officials and the Department, represents
a serious public health or environmental threat.
B.ย
Inspections of privies. Any privy may be inspected by Shirley Township's
authorized agent at any reasonable time in order to ensure compliance
with this article, for the proper operation, maintenance and content
disposal.
C.ย
Inspections of holding tanks. Any holding tank may be inspected by
Shirley Township's authorized agent at any reasonable time in
order to ensure compliance with this article, for the proper operation,
maintenance and content disposal.
Only normal domestic wastes shall be discharged into any on-lot
sewage systems. The following shall not be discharged into the system:
A.ย
Industrial wastes.
B.ย
Automobile oil and other nondomestic oil.
C.ย
Toxic or hazardous substances or chemicals, including but not limited
to pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.ย
Clean surface- or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
A.ย
Any person owning a building served by an on-lot sewage disposal
system shall have the septic tank pumped by a licensed pumper/hauler
after the effective date of this article based on the following schedule:
B.ย
Removal of septage or other solids from treatment tanks shall be
performed once every four years or whenever an inspection program
reveals the treatment tanks are filled with solids in excess of 1/3
the liquid depth of the tank or filled with scum in excess of 1/3
the liquid depth of the tank. Any person providing a receipt or other
written evidence showing that his or her tank had been pumped within
two years of the first year anniversary of the effective date of this
article may ask Shirley Township to delay that person's initial
required pumping to conform to the general four-year-frequency requirement.
C.ย
The required pumping frequency may increase or decrease at the discretion
of the authorized agent if the septic tank is undersized or oversized,
if solid buildup in the tank is above or below average, if the hydraulic
load on the system increases or decreases significantly above average,
if a garbage grinder is used in the building, if the system malfunctions,
or, for other good cause not shown (as determined by the SEO and the
Board of Supervisors).
D.ย
Pumper's report/receipt.
(1)ย
Each time a septic tank or other subsurface waste disposal system
tank is pumped, Shirley Township, its authorized agent, or a private
septage pumper/hauler, whichever provides the service, shall provide
to the owner of the subsurface waste disposal system, and Shirley
Township, a signed pumper's report/receipt containing at a minimum
the following information:
(a)ย
Date of pumping.
(b)ย
Name and address of system owner.
(c)ย
Address of on-lot system, if different from owner's.
(d)ย
Description and diagram of the location of the tank, including
the location of any markers, risers, access hatches and size of treatment
tank(s).
(e)ย
Condition of treatment tank baffles.
(f)ย
Date the system was installed (estimate if necessary).
(g)ย
Date of last pump-out.
(h)ย
List of any other maintenance performed.
(i)ย
Any indications of system malfunction observed.
(j)ย
Amount of septage or other semisolid or solid material removed.
(k)ย
List of recommendations for repair or maintenance.
(l)ย
Destination of the septage (name of facility, location of land
application site).
(2)ย
A copy(s) of the pumper's report/receipt must be received at
the Shirley Township office within 30 days of the date of pumping.
E.ย
Any person owning a building served by an alternative system or on-lot
sewage disposal system which contains an aerobic treatment tank shall
follow the specifications 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 Shirley Township
within six months of the effective date of this article. Thereafter,
service receipts shall be submitted to Shirley Township at the intervals
specified by the manufacturer's recommendations. In no case may
the service or pumping intervals exceed those for those required for
septic treatment tanks.
F.ย
Shirley Township 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;
and etc. Repair permits issued by the certified SEO must be secured
for these activities.
A.ย
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 a treatment tank. No sewage system shall discharge untreated or
partially treated sewage to the surface of the ground or into the
waters of the Commonwealth of Pennsylvania unless a permit to discharge
has been obtained from the Department and verified by Shirley Township.
B.ย
Shirley Township shall issue a written notice of violation to any
person who is the owner of a property in Shirley Township 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.ย
Within seven days of notification by Shirley Township that a malfunction
has been identified, the owner shall make application to Shirley Township's
SEO for a permit to repair or replace the malfunctioning system. Within
30 days upon receiving the notification by Shirley Township, construction
of the permitted repair or replacement shall commence. Within 180
days of the original notification by Shirley Township, the construction
shall be completed unless seasonal or unique conditions mandate a
longer period, in which case Shirley Township shall set an extended
completion date.
D.ย
Shirley Township's SEO 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; adding capacity
or otherwise altering or replacing the existing 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; and other alternatives
as appropriate for the specific site.
E.ย
In lieu of, or in combination with, the remedies described in Subsection D, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices and appliances. 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.ย
In the event that the rehabilitation measures in Subsections A through E are not feasible, or do not prove effective, Shirley Township may require the owner to apply for a permit to construct a holding tank(s) in accordance with the Township ordinance dealing with use of holding tanks. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.ย
Should none of the remedies described above prove to be totally effective
in eliminating the malfunction of an existing on-lot sewage disposal
system, the owner is not absolved of responsibility for that malfunction.
Shirley Township may require whatever action is necessary to lessen
or mitigate the malfunction to the extent that it feels necessary.
Shirley Township, upon written notice from the SEO that an imminent
health hazard exists due to failure 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 SEO. The owner shall be charged for the work
performed and, if necessary, a lien shall be entered therefor in accordance
with law.
A.ย
All septage pumper/haulers operating within Shirley Township shall
be licensed with Shirley Township (or the Solid Waste authority) and
shall comply with reporting requirements established by Shirley Township.
B.ย
All septage originating within in the Township Sewage Management
District shall be disposed of at sites or facilities approved by the
Department. Approved sites or facilities shall include the following:
septage treatment facilities; wastewater treatment plants; composting
facilities; and approved land application sites for agricultural utilization
and disturbed land reclamation.
C.ย
Septage pumper/haulers operating within Shirley Township shall operate
in a manner consistent with the provisions of the Pennsylvania Solid
Waste Management Act (Act 97 of 980, 35 P.S. ยงยงย 6018.101
through 6018.1003). Any septage pumper/hauler who violates any provisions
of this article, or regulations of Shirley Township, the conditions
of its state permit, or of any state or local law governing its operation,
shall, upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and costs, and in default of payment thereof shall be subject
to imprisonment for a term not to exceed 30 days. If any pumper/hauler
shall have been convicted on two occasions of any violation of this
article, or for violating the conditions of its state permit, or any
other state or local law governing its operation, the Board of Supervisors
shall have the power to suspend said pumper/hauler from operating
within Shirley Township for a period of not less than six months or
more than two years for each violation, as determined by Shirley Township.
Each day the violation continues shall constitute a separate offense.
A.ย
Shirley Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.ย
Shirley Township shall employ qualified individuals to carry out
the provisions of this article in accordance with the regulations
contained in Chapter 72 of the Pennsylvania Code, ยงย 42.
Those employees shall include a certified SEO, a CEO (if necessary),
a secretary, an administrator or other persons as required. Shirley
Township may also contract with private qualified persons or firms
as necessary to carry out the provisions of this article.
C.ย
All permits, records, files and other written material relating to
the installation, operation and maintenance and malfunction of on-lot
sewage disposal systems, duly permitted privies, and permitted holding
tanks shall become the property of Shirley Township. Existing and
future records shall be available for public inspection during regular
business hours at the official Township office. All records pertaining
to sewage permits, privy permits, holding tank permits, building permits,
occupancy permits and all other aspects of Shirley Township's
on-lot sewage management program shall be made available upon request
for inspection by a representative of the Department.
D.ย
The Board of Supervisors shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.ย
The Board of Supervisors shall establish a fee schedule, and subsequently
collect fees to cover the cost to Shirley Township of administering
this program.
A.ย
Appeals from decisions of Shirley Township, or its authorized agents,
under this article shall be made to the Board of Supervisors in writing
within 30 days from the date of the decision in question. All appeals
shall be in accordance with Chapter 72, ยงยงย 26, 27 and
28 of Title 25 of the Pennsylvania Code.
B.ย
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled board meeting. If the
appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the subsequent meeting. Shirley
Township shall thereafter affirm, modify or reverse the aforesaid
decision. The hearing may be postponed for good cause shown by the
appellant or Shirley Township. Additional evidence may be introduced
at the hearing provided that is submitted with the written notice
of appeal.
C.ย
A decision shall be rendered in writing within 45 days of the date
of the hearing. If a decision is not rendered within 45 days, the
release sought by the appellant shall be deemed granted.
Any person failing to comply with any provisions of this article
shall be subject to a fine of not less than $100 and costs, and not
more than $1,000 and costs. All fines and penalties collected for
the violation of this article shall be paid over to the Township Treasury.
Proceedings for the violation of this article and for the collection
of fines and penalties imposed thereby may be commenced by warrant,
or by summons, at the discretion of the District Justice before whom
the proceedings are begun. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the county jail for a period not exceeding
five days, or to the county jail or workhouse for a period not exceeding
30 days. Each day of noncompliance shall be considered a separate
offense.
If any section or clause of this article shall be adjudged invalid,
such adjudication shall not affect the validity of the remaining provisions
which shall be deemed severable therefrom.