[Ord. 428. Passed 10-26-2004]
(a)
This chapter shall be known and may be cited as the
"On-Lot Sewage Disposal Facilities Ordinance."
(b)
In accordance with municipal codes, the Clean Streams
Law (Act of June 27, 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. 5. § 750.1 et seq. known as Act 537), it is the power
and the duty of Lower Gwynedd Township to provide for adequate sewage
treatment facilities and for the protection of the public health by
preventing the discharge of untreated or inadequately treated sewage.
The official sewage facilities plan for Lower Gwynedd Township indicates
that it is necessary to formulate and implement a sewage management
program to effectively prevent and abate water pollution and hazards
to the public health caused by improper treatment and disposal of
sewage.
(c)
The purpose of this chapter is to provide for the
regulation, inspection and maintenance of on-lot sewage disposal systems;
and to establish penalties and appeal procedures necessary for the
proper administration of a sewage management program.
[Ord. 428. Passed 10-26-2004]
(a)
Unless the context specifically and clearly indicates
otherwise, the meaning of terms used in this chapter shall be as follows:
(1)
Authorized Agent. "Authorized agent" shall mean
an employee of the Township, professional engineer, plumbing inspector,
sewage enforcement officer or any other qualified or licensed person
who is authorized to function within specified limits as an agent
of Lower Gwynedd Township to administer or enforce the provisions
of this chapter.
(2)
Board. "Board" shall mean Board of Supervisors
of Lower Gwynedd Township, Montgomery County, Pennsylvania.
(3)
Community Sewage System. "Community sewage system"
shall mean any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
(4)
Department. "Department" shall mean the Department
of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
(5)
Individual Sewage System. "Individual sewage
system" shall mean a system of piping, tanks or other facilities serving
a single lot and collecting and disposing of sewage in whole or in
part into the soil or into any waters of this commonwealth.
(6)
Lot. "Lot" shall mean 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 would not
be further subdivided. Whenever a lot is used for a multiple-family
dwelling or for commercial or industrial purposes, the lot will be
deemed to have been subdivided into an equivalent number of single-family
residential lots as determined by estimated sewage flows.
(7)
Malfunction. "Malfunction" shall mean a condition
which occurs when an on-lot sewage disposal system discharges sewage
onto the surface of the ground, into ground waters 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.
(8)
Municipality. "Municipality" shall mean Lower
Gwynedd Township, Montgomery County, Pennsylvania.
(9)
Official Sewage Facilities Plan. "Official Sewage
Facilities Plan" shall mean a comprehensive plan for the provisions
of adequate sewage disposal systems, adopted by the Board and approved
by the Pennsylvania Department of Environmental Protection, pursuant
to the Pennsylvania Sewage Facilities Act.
(10)
On-lot Sewage Disposal System. "On-lot sewage
disposal system" shall mean any system for disposal of domestic sewage
involving pretreatment and subsequent disposal of the clarified sewage
into a subsurface soil absorption area or retaining tank; this term
includes both individual sewage systems and community sewage systems.
(11)
Owner. "Owner" shall mean any person vested
with ownership, legal or equitable, sole or partial, of any property
located in the Township.
(12)
Person. "Person" shall mean any individual,
association, public or private corporation for profit or not for profit,
partnership, firm, trust, estate, department, board, bureau or agency
of the Commonwealth, political subdivision, municipality, district,
authority or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. Whenever used in any clause
prescribing and imposing a penalty or imposing a fine or imprisonment,
the term "person" shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
(13)
Rehabilitation. "Rehabilitation" shall mean
work done to modify, alter, repair, enlarge or replace an existing
on-lot sewage disposal system.
(14)
Sewage. "Sewage" shall mean any substance that
contains any of the waste products or excrement or other discharge
from the bodies of human beings or animals and any noxious or deleterious
substances being harmful or inimical to the public health or to animal
or aquatic life or to the use of water for domestic water supply or
for recreation or which constitutes pollution under the Clean Streams
Law (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P. 5.
§§ 691.1 to 691.1001).
(15)
Sewage Enforcement Officer (SEO). "Sewage enforcement
officer" shall mean a person certified by DEP who is employed by the
Township or County Health Department. Such person is authorized to
conduct investigations and inspections, review permit applications
and do all other activities as may be provided for such person in
the Sewage Facilities Act, the rules and regulations promulgated thereunder
and this or any other ordinance adopted by the Township or County
Health Department. Only the SEO employed by the County Health Department
is authorized to administrate the sewage facilities permitting program
under Chapter 72 of the regulations.
(16)
Sewage Management Program. "Sewage management
program" shall mean a comprehensive set of legal and administrative
requirements encompassing the requirements of this chapter, the Sewage
Facilities Act, the Clean Streams Law, the regulations promulgated
thereunder and such other requirements adopted by the Board to effectively
enforce and administer this chapter.
(17)
Subdivision. "Subdivision" shall mean the division
or redivision of a lot, tract or other parcel of land into two or
more lots, tracts, parcels or other divisions of land, including changes
in existing lot lines. The enumerating of lots shall include as a
lot that portion of the original tract or tracts remaining after other
lots have been subdivided therefrom.
(18)
Township. "Township" shall mean Lower Gwynedd
Township, Montgomery County, Pennsylvania.
(b)
For the purposes of this chapter, any term which is
not defined herein shall have that meaning attributed to it under
the Sewage Facilities Act and Regulations promulgated thereto.
[Ord. 428. Passed 10-26-2004]
From the effective date of this chapter, its
provisions shall apply in any portion of the Township. The provisions
of this chapter shall apply to all persons owning any property serviced
by an on-lot sewage disposal system and to all persons installing
or rehabilitating on-lot sewage disposal systems.
[Ord. 428. Passed 10-26-2004]
(a)
No building permit shall be issued for a new or expanded
building which will contain sewage-generating facilities until Act
537 Planning approval has been issued by the Department and appropriate
OLDS permit issued by Montgomery County Health Department's sewage
enforcement officer.
(b)
No occupancy permit shall be issued for a new building
which will contain sewage-generating facilities until installation
is approved by the Montgomery County Health Department's sewage enforcement
officer.
(c)
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 conversion will result in the increase
or potential increase in sewage flows from the structure, until either
the structure's owner receives a permit from the Montgomery County
Health Department's sewage enforcement officer for alteration or replacement
of the existing sewage disposal system or until the structure's owner
and the appropriate officials of the county or Township receive written
notification from the Montgomery County Health Department's SEO that
such a permit will not be required. The Montgomery County Health Departments
SEO shall determine whether the proposed alteration or conversion
of the structure will result in increased sewage flows.
(d)
Sewage permits may be issued only by a sewage enforcement
officer employed by the Montgomery County Health Department.
[Ord. 428. Passed 10-26-2004]
(a)
Any on-lot sewage disposal system may be inspected
by the Township's 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, the taking of samples from surface water, wells other ground
water sources, the sampling of the contents of the sewage disposal
system itself and/or the introduction of a traceable substance into
the interior plumbing of the structure served to ascertain the path
and ultimate destination of wastewater generated in the structure.
(c)
An authorized agent shall have the right to enter
upon land for the purposes of inspections described in this section.
(d)
An initial inspection shall be conducted by the property
owner within three months of the effective date of this chapter for
the purpose of determining the type and functional status of each
on-lot sewage disposal system in the Township. A survey/report sheet
shall be furnished to the owner of each property for their use. The
completed report shall be submitted to the Township and maintained
in the Township records.
(e)
Should said inspections reveal that a system is malfunctioning,
the authorized agent shall notify the Montgomery County Health Department's
sewage enforcement officer to determine the action to be taken to
correct the malfunction. If total correction cannot be done in accordance
with the regulations of DEP, including, but not limited to, those
outlined in Chapters 71 and 73 of Title 25 of Pennsylvania Code or
is not technically or financially feasible in the opinion of the authorized
agent and Montgomery County Health Department's SEO, then action by
the property owner to mitigate the malfunction shall be required.
[Ord. 428. Passed 10-26-2004]
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
(a)
Industrial waste.
(b)
Automobile oil and other non domestic oil.
(c)
Toxic or hazardous substances or chemicals, including
but not limited to, pesticides, disinfectants (excluding household
cleaners), acids, paints; paint thinners, herbicides, gasoline and
other solvents.
(d)
Clean surface or ground water, including water from
roof or cellar drains, springs, basement stamp pumps and french drains.
(e)
Wastewater resulting from hair treatment at a multi-chaired
beauty shop.
[Ord. 428. Passed 10-26-2004]
(a)
Each person owning a building served by an on-lot
sewage disposal system which contains a septic tank shall have the
septic tank pumped within six months of the effective date of this
chapter by a sewage pumper/hauler licensed by DEP and authorized by
the Board or its agent. Thereafter, that person shall have the tank
pumped at least once every three years or whenever an inspection reveals
that the septic tank is filled with solids or with scum in excess
of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler
shall be submitted to the Township within the prescribed six-month
and three-year pumping periods.
(b)
The required pumping frequency may be increased at
the discretion of an authorized agent if the septic tank is undersized,
if solids buildup in the tank is above average, if the hydraulic load
on the system increases significantly above average, if a garbage
grinder is used in the building, if the system malfunctions or for
other good cause shown. If any person can prove that such person's
septic tank had been pumped within three years of the six-month anniversary
of the effective date of this chapter, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement except where an inspection reveals a need for
more frequent pumping frequencies.
(c)
Any person owning a property served by a septic tank
shall submit, with each required pumping receipt, a written statement,
from the pumper/hauler or from any other qualified individual acceptable
to the Township, that the baffles in the septic tank have been inspected
and found to be in good working order. Any person whose septic tank
baffles are determined to require repair or replacement shall first
contact the Montgomery County Health Department's sewage enforcement
officer for approval of the necessary repair.
(d)
Any person owning a building served by an on-lot sewage
disposal system which contains an aerobic treatment tank shall follow
the operation and maintenance recommendations of the equipment manufacturer.
A copy of the manufacturer's recommendations and a copy of the service
agreement shall be submitted to the Township within six months of
the effective date of this chapter. Thereafter, service receipts shall
be submitted to the Township at the intervals specified by the manufacturer's
recommendations. In no case may the service or pumping intervals for
aerobic treatment tanks exceed those required for septic tanks.
(e)
Additional maintenance activity may be required as
needed, including, but not necessarily limited to, cleaning and unclogging
of piping, servicing and the repair of mechanical equipment, leveling
of distribution boxes, tanks and lines, removal of obstructing roots
or trees, the diversion of surface water away from the disposal area,
etc.
[Ord. 428. Passed 10-26-2004]
(a)
No person shall operate or 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 unless a permit for such discharge
has been obtained from DER.
(b)
A written notice of violation shall be issued to any
person who is the owner of any property which is found to be served
by a malfunctioning on-lot sewage disposal system or which is discharging
sewage without a permit.
(c)
Within seven days of notification by the Township
that a malfunction has been identified, the property owner shall make
application to the Montgomery County Health Department's sewage enforcement
officer for a permit to repair or replace the malfunctioning system.
Within 30 days of initial notification by the Township, construction
of the permitted repair or replacement shall commence. Within 60 days
of the original notification by the Township, the construction shall
be completed unless seasonal or unique conditions mandate a longer
period, in which case the Township shall set an extended completion
date.
(d)
The Montgomery County Health Department's sewage enforcement
officer and the municipality's authorized agent shall both 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 system's
treatment tank, expanding the existing disposal areas, replacing the
existing disposal area, replacing a gravity distribution system with
a pressurized system, replacing the system with a holding tank or
any other alternative appropriate for the specific site.
(e)
In lieu of, or in combination with, the remedies described in Subsection (d) above, the Montgomery County Health Department's sewage enforcement officer and the municipality's authorized agent 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.
(f)
In the event that the rehabilitation measures in Subsections (a) through (e) are not feasible or effective, the owner may be required to apply for a permit to DEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
(g)
Should none of the remedies described in this section
be totally effective in eliminating the malfunction of an existing
on-lot sewage disposal system, the property owner is not absolved
of responsibility for that malfunction. The Township and the Montgomery
County Health Department may require whatever action is necessary
to lessen or mitigate the malfunction to the extent necessary.
[Ord. 428. Passed 10-26-2004]
(a)
The Township, upon written notice from the authorized
agent or from the Montgomery County Health Department's sewage enforcement
officer that an imminent health hazard exists due to failure of property
owner to maintain, repair or replace an on-lot sewage disposal system
as provided under the terms of this chapter, shall have the authority
to perform, or contract to have performed, the work required by the
authorized agent or the Montgomery County Health Department's sewage
enforcement officer. The owner shall be charged for the work performed
and, if necessary, a lien shall be entered therefore in accordance
with law.
[Ord. 428. Passed 10-26-2004]
(a)
All septage originating within the Township shall
be disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.)
and all other applicable laws and at sites or facilities approved
by DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites and approved farm lands.
(b)
Pumper/haulers of septage operating within the Township
shall operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
through 6018.1003) and all other applicable laws.
[Ord. 428. Passed 10-26-2004]
(a)
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this chapter.
(b)
The Township shall employ qualified individuals to
carry out the provisions of this chapter. Those employees shall include
an authorized agent and may include an administrator and such other
persons as may be necessary. The Township may also contract with private
qualified persons or firms as necessary to carry out the provisions
of this chapter.
(c)
All records, reports, files and other written materials
relating to the operation and maintenance and malfunction of on-lot
sewage disposal systems in the Township shall become the property
of, and be maintained by, the Township. Existing and future records
shall be available for public inspection during regular business hours
at the official office of the Township. All records pertaining to
sewage permits, building permits, occupancy permits and all other
aspects of the sewage management program shall be made available,
upon request, for inspection by representatives of the Pennsylvania
Department of Environmental Protection.
(d)
The Township Board shall establish all administrative
procedures necessary to properly carry out the provisions of this
chapter.
(e)
The Township Board may establish a fee schedule, and
authorize the collection of fees, to cover the cost to the Township
of administering this program, consistent with local municipal code.
[Ord. 428. Passed 10-26-2004]
(a)
Appeals from final decisions of the Township or any
of its authorized agents under this chapter shall be made to the Board
of Supervisors in writing within 30 days from the date of written
notification of the decision in question.
(b)
The appellant shall be entitled to a hearing before
the Board of Supervisors at its next regularly scheduled meeting if
a written appeal is received at least 14 days prior to that meeting.
If the appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the next regularly scheduled
meeting. The municipality shall thereafter affirm, modify or reverse
the aforesaid decision. The hearing may be postponed for a good cause
shown by the appellant or the Township. Additional evidence may be
introduced at the hearing provided that it is submitted with the written
notice of appeal.
(c)
A decision shall be rendered in writing within 30
days of the date of the hearing.
(d)
Hearings under this subsection shall be conducted
pursuant to the Act of December 2, 1968 (P.L. 1133, No, 353), known
as the "Local Agency Law."
[Ord. 428. Passed 10-26-2004]
Any person failing to comply with any provision
of this chapter shall be subject to a fine of not less than $100 and
costs and not more than $300 and costs, or in default thereof shall
be confined in the county jail for a period of not more than 30 days.
Each day of noncompliance shall constitute a separate offense.
