[Adopted 1-24-2008 by Ord. No. 2008-767]
A. 
This Part 3 shall be known and may be cited as the "On-Lot Disposal Systems and Management Program."
B. 
As mandated by the Municipal Code, which shall include but not be limited to the Second Class Township Code,[1] the Clean Streams Law (35 P.S. § 691.1 to § 691.1001) and Commonwealth of Pennsylvania, Department of Environmental Protection, Chapter 71, Subsection 71.73, Sewage management programs for sewage facilities permitted by local agencies, or 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"), municipalities have the power and the duty 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 Upper Merion 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.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
C. 
The purpose of this Part 3 is to regulate the inspection, maintenance, management, rehabilitation, repair, replacement, abandonment and construction of on-lot sewage disposal systems; to further permit the municipality to intervene in situations which are public nuisances or hazards to the public health; to establish a procedure by which on-lot disposal systems will be properly maintained and to establish penalties and appeal procedures necessary for the proper administration of the on-site disposal systems and management program within the borders of Upper Merion Township.
A. 
As used in this Part 3, the following terms shall have the meanings indicated.
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act"
ABANDONMENT
A vacated in-ground holding tank, distribution tank, chamber, etc., that is no longer required for service.
APPARENT MALFUNCTION
Wet, murky conditions (not resulting from surface water runoff or ponding) in areas designated as the adsorption area. These conditions are typically accompanied by high grass and increased growth and strong sewage odors and significant algae growth in the warmer months. In the winter, these areas do not freeze and the area is typically spongy and soft, nor does snow accumulate in these areas. Information from homeowners such as frequent septic tank pumping or inability to pump a septic tank due to backflow from the absorption area also indicates an apparent malfunction.
AUTHORIZED AGENT
A Township official, County Health Department designated Sewage Enforcement Officer, professional engineer, Township Manager or any other qualified or licensed person(s) who is (are) delegated by the Township to function within specified limits as the agent(s) of the Township to carry out the provisions of this Part 3.
BOARD
The Board of Supervisors, Upper Merion Township, Montgomery County, Pennsylvania.
BUILDING ADDITIONS
Any structure added to the initial structure of which the original on-lot system was designed and installed.
CODE ENFORCEMENT OFFICER (CEO)
An individual employed by the Township to administer and enforce building codes and other ordinances in the Township.
COMMUNITY SEWAGE SYSTEM
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.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (PaDEP).
EQUIVALENT DWELLING UNIT (EDU)
In the case of a residential use in the amount of sewage deemed to be generated by one single-family dwelling unit and in the case of nonresidential uses, a flow of gallons of sewage per day as set by the Municipal Utility Authority.
FEES
Fee schedule will be determined by the Board of Supervisors and the Montgomery County Commissioners.
GRAY WATER
Domestically generated liquid wastes, including kitchen and laundry wastes and water softener backwash.
HEALTH DEPARTMENT
The department overseeing the review, permitting and/or inspections of new, reuse/change in structure and repairs of on-lot disposal systems within the County of Montgomery.
HOLDING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks shall be watertight type in which sewage is removed to it by a licensed hauler.
INDIVIDUAL SYSTEM
A system of piping, tanks or other facilities collecting and/or disposing of sewage in whole or in part into the soil or into any waters of this commonwealth.
MAINTENANCE
The pumping of a septic tank, cesspool or dry well; the cleaning, pumping and/or leveling of a distribution box; the removal of trees or growth affecting the operation of an on-site disposal system; the diversion of surface water away from an on-lot system; and the reduction of flow from the structure being served (i.e., the installation of water conservation devices).
MAINTENANCE CONTRACTOR
A contractor familiar with the procedures of the Montgomery County Health Department (MCHD) with the ability to perform all required maintenance, inspection, repairs and replacement of on-lot systems (OLS) with ACT 537 and related regulations.
MANAGEMENT MAINTENANCE AGREEMENT
The agreement between the Township and the property owner to perform scheduled maintenance by a contractor licensed by the DEP to pump and haul septic wastes.
NEW SYSTEM
The installation of an on-site disposal system on a property where a system has not previously existed or the installation of a larger on-site system in conjunction with the expanded use of an existing structure. It does not include replacement systems installed on properties with existing on-lot systems where rehabilitation and repair efforts are required to correct an existing malfunction.
OFFICIAL SEWAGE FACILITIES ACT 537 PLAN
The comprehensive plan for the provision of adequate sewage disposal systems, adopted by the Township and approved by the Pennsylvania Department of Environmental Protection (PaDEP), as amended.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of sewage involving pretreatment and subsequent disposal of the clarified sewage into the soil for final treatment and disposal, including both individual sewage systems and community sewage systems.
PERSON
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.
POSSIBLE MALFUNCTION
Property owner points to one area where the absorption area is supposedly located, but problems are evident in other areas of the property; evidence of previous repair or extension of a system or piles of recently placed soil and/or dirt in the vicinity of where the absorption area is located; installation of a garden, shrubs or trees in the vicinity of where the absorption area is located; or inability to distinguish gray water discharge from the absorption area malfunction. A system subject to improperly routed runoff or drainage, which may be affecting performance, is also considered a possible malfunction.
REHABILITATION or REPAIR
Work done to modify, alter or repair an existing on-lot sewage disposal system or individual components thereof. Enlargement of the total absorption area, as long as flows from the structure being served are unchanged or reduced, is also included.
REPLACEMENT AREA
A portion of a lot or a developed property, sized to allow the installation of a sewage disposal area, which is reserved to allow that new installation in the event of the malfunction of the originally installed on-lot system.
REPLACEMENT SYSTEM
An on-lot sewage system which replaces a previously installed on-lot system which cannot be repaired or rehabilitated to a condition acceptable to the Township's authorized agent or MCHD.
REUSE PERMIT
An application to the MCHD for building alterations (change in use) and/or additions to the initial building structure discharging to an on-lot system.
SEWAGE
The normal waterborne household and toilet wastes from residences, business buildings, institutions, industrial and commercial establishments.
SEWAGE ENFORCEMENT OFFICER (SEO)
The official of the local agency, MCHD, who reviews and issues permit applications and conducts such investigations and inspections as are necessary to implement Act 537 and the rules and regulations promulgated thereunder. Each municipality is required to obtain SEO services in accordance with the Pennsylvania Sewage Facilities Act.[1]
SUBDIVISION
The division or redividing 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.
TOWNSHIP
Upper Merion Township, Montgomery County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
All definitions included in Act 537 and the Clean Streams Law[2] are hereby incorporated into this Part 3.
[2]
Editor's Note: See 35 P.S. 691.1 et seq.
From the effective date of this Part 3, its provisions shall apply to all existing on-lot systems, as well as all new systems proposed within the Township.
A. 
All new installations are required to obtain a permit from the MCHD[1] and obtain PaDEP Planning Module approval, as necessary.
[1]
Editor's Note: The Montgomery County Health Department.
B. 
For all new on-lot systems, an on-lot disposal system management agreement will be forwarded to the owner(s) for execution, notarized and to be recorded at the Montgomery County Recorder of Deeds.
C. 
The resale of a property containing an existing on-lot system shall be pumped out and inspected by a maintenance contractor, and a condition report, at the owner's (seller's) expense, shall submit the report to the buyer prior to settlement date of the property. The Township is to receive a copy of the report prior to the settlement date for the issuance of a sewer certification by the Township.
D. 
The on-lot management agreement requires that all new and existing on-lot systems in the Township shall be pumped out and inspected at least once every three years. The owner shall furnish a copy of the pumping activities to the designated Township on-lot system management personnel for record management.
A. 
The Township's authorized agent shall have the right to enter upon all lands in the Township for the purpose of conducting the inspection activities outlined herein.
B. 
Right of entry. Any on-lot system may be inspected by the Township's authorized agent at any reasonable time as of the effective date of this Part 3. The inspection may include a physical tour of the property, the taking of samples from surface water, wells and other groundwater 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. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the Township records. The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., authorizes the right of entry of private property to conduct inspections and tests.
C. 
If the Township discovers an on-lot system with a "possible" malfunction, the property owner shall allow the on-site disposal system dye tested and water samples taken. Where appropriate, as determined by the Township to contact the Sewage Enforcement Officer in the Township's Act 537 plan supplement/on-lot sewage disposal systems evaluation and recommended program. Following the completion of the dye testing, the septic tank, or cesspool/dry well if it is the receiver of solids from the structures served, shall be pumped out. This shall conform to the time limits as set by Montgomery County Health Department. The septic tank shall be checked by a contractor, and submit a report to the Sewage Enforcement Officer for adequacy.
D. 
The report shall include the findings of the inspection and make recommendations for the maintenance and/or rehabilitation or repair of the on-site system. The report is to specify the malfunction, may include a proposal to construct a replacement on-site system, provided that the proposed system meets the requirements as required by Act 537 of the Pennsylvania Department of Environmental Protection.
E. 
All owners of on-site systems with "malfunctioned" water discharges to the ground surface shall obtain a maintenance contractor to pump out the system within 48 hours to 72 hours of the date of the MCHD issuance of a notice of violation. If conditions do not correct such discharges, the owner shall refer to the above subsection. The owner or maintenance contractor shall notify the MCHD when the work is completed within 30 days.
A. 
No person shall operate and maintain an on-site sewage disposal system in such a manner that it malfunctions. All gray water shall be discharged to a treatment tank. No system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from the Department of Environmental Protection.
B. 
Only domestic sewage shall be discharged into any on-lot sewage disposal system which does not contain excessive animal fats, oils and greases and the following:
(1) 
Industrial waste.
(2) 
Automobile oil and other nondomestic oil.
(3) 
Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
(4) 
Clean surfacewater or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
C. 
Any person owning a building served by an on-site system, other than those owners subject to the requirements of § 133-4D, which contains a septic tank, or a cesspool/dry well if it is the receiver of solids from the structures served, shall have the septic tank or cesspool/dry well pumped by a pumper/hauler no later than the end of the three-year cycle. The septic tank pumping shall be done by a maintenance contractor and inspect the baffles of the septic tank. This inspection may require that a portion of the septic tank be exposed. If excavation is necessary to accomplish the inspection, the excavation shall be done by the property owner's maintenance contractor prior to the inspection. The County Health Department and/or Township's Sewage Enforcement Officer need not be present at these subsequent pumpings; however, copies of the receipts from the pumper/hauler shall be submitted by the property owner or tenant to the Township.
D. 
The required pumping frequency may be increased at the discretion of the 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.
E. 
Any person owning a building utilizing a cesspool or dry well which is the receiving unit for solids shall have that system pumped according to the schedule prescribed for septic tanks. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the MCHD for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval.
F. 
The Township or County Health Department may require additional maintenance activity as needed, including but not necessarily limited to the cleaning and unclogging of piping, the servicing and repair of mechanical equipment, the leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees and the diversion of surface water away from the disposal area, etc.
A. 
All on-lot system owners designated in § 133[1] of this Part 3, if the system is observed to be malfunctioning after correcting the discharge of the gray water, and those owners with systems that are observed to be malfunctioning during future routine inspections and receive such report. If the owner is requested to retain a consultant, the owner shall have 30 days to have the independent evaluation completed and submit the report to the Township. Once the County Health Department (MCHD) evaluates and approves the report, the owner shall apply for a reuse permit application if the system requires structural change.
[1]
Editor's Note: So in original.
B. 
Should the Montgomery County Health Department (MCHD) indicate that it is not possible to repair or modify the system to comply with the Department's standards for on-lot sewage disposal systems, then the property owner shall be required to have a replacement on-lot sewage disposal system designed for the property, if the property contains sufficient and suitable area. Said design shall conform to current regulations as promulgated by Act 537, Title 25, Code 73 of the Pennsylvania Department of Environmental Protection (PaDEP). This design may include an approved alternate on-lot sewage disposal system.
C. 
The Township and County Health Department shall have the authority to require the repair, rehabilitation or replacement of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system or adding capacity or otherwise altering or replacing the system's treatment tank or replacing the existing disposal area.
D. 
In lieu of or in combination with the remedies described in Subsection C, the Township 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.
E. 
Should none of the repair, rehabilitation or replacement efforts described herein be totally effective in eliminating the malfunction of an existing on-site sewage disposal system, the property owner shall be required to obtain a MCHD holding tank permit for the installation of a sealed holding tank. This holding tank shall be sized by the Installer and/or consultant. Any installer and/or contractor shall obtain a contractor registration from the Township Code Enforcement Office. The property owner shall have the on-lot tank pumped out as required under § 133-6F.
F. 
Should the property abut or front an existing public sewer within 150 feet of the sewer main, the owner shall be required to connect to said public sewer at the property owner's sole expense and pay the current tapping fee rate as set by the Municipal Utility Authority and the Board of Supervisors. The tank is to be pumped out and filled with a grade of stone equivalent to 2RC or 2A stone listed in the Pennsylvania Department of Transportation (PennDOT) 408 manual.
G. 
Notwithstanding the provisions of Subsection E, should more than 50% of the property owners in a particular drainage area submit a formal petition to the Upper Merion Municipal Utility Authority and Board of Supervisors to install public sewers, the Board or Authority may authorize a consultant to evaluate and design an extension to the public sewer system which shall be dependent upon the location of the drainage area and its proximity to any existing public sanitary sewers or low-pressure grinder pump system under subject to assessment or liens on the property owners. The property owners may elect to obtain their own consultant and contractor for construction subject to the current Township regulations.
A. 
No holding tank shall be installed or used for the disposal of sewage until a permit for such tank is obtained from the MCHD. Property owners shall submit plans showing the size, shape, location and type of material used in the fabrication of the holding tank and the details of its construction to the MCHD for permit approval. An approved permit copy will be forwarded to the Township office. At the time of application for such permit, the following shall be submitted:
(1) 
A letter from the Municipal Utility Authority or other disposal site agreeing to receive sewage from the applicant.
(2) 
A copy of the contract between the applicant and the sewage hauler providing for the pumping of such holding tank as needed, with the contract being irrevocable for a period of not less than one year.
(3) 
A covenant, executed by the applicant, to be recorded running with the land binding the successors entitled to observe the duties required under this Part 3.
B. 
No truck used in the removal of sewage for disposal shall exceed a capacity of 3,000 gallons, and no removal of sewage from a holding tank shall occur before the hour of 7:00 a.m. or after 7:00 p.m. prevailing time, except in the case of an emergency.
C. 
The owner of a property that utilizes a holding tank shall maintain the holding tank in conformance with the rules and regulations adopted by the Board of Supervisors, MCHD and PaDEP.
D. 
The holding tank shall have, as a minimum, the following construction standards 25 Pa. Code §§ 73.61 and 73.62:
(1) 
Tank capacity. The minimum capacity allowed shall be equal to either the daily flow times the longest interval, in days between collection plus one day of additional capacity, or three days' capacity, whichever is greater; provided, however, that the minimum tank capacity shall be at least 1,000 gallons for each equivalent dwelling unit (EDU).
(2) 
Level indicator. An indicator to show the sewage depth will be required. Also, a warning device using a light and sound device shall be installed within the proposed property to be activated when a tank is seventy-five-percent full.
(3) 
Withdrawal facilities. The tank shall be designed so that it can be completely pumped out.
(4) 
Venting. The tank shall be designed with a vent to the atmosphere. If odor problems occur, it will be the property owner's responsibility to install the necessary filter system within 30 days after written notice from the Township.
(5) 
All holding tanks shall be located so that the sewage pump will have easy access to withdrawal facilities during all seasons of the year.
E. 
No holding tank, system or structure designed for on-site sewage disposal or for rehabilitation, repair or replacement to an existing on-site system shall be covered from view until approval to cover the same has been given by the MCHD. If 72 hours have elapsed, except Sundays and holidays, since the MCHD issuing the permit received notification of completion of the construction or the rehabilitation, repair or replacement, the applicant may cover said system or structure, unless permission has been specifically refused by the MCHD.
The Township, upon written notice from the MCHD that an imminent health hazard exists due to failure of a property owner to maintain, repair, rehabilitate or replace any on-site systems as provided under the terms of this Part 3, shall have the authority to perform, or contract to have performed, the work. The property owner shall be charged for the work performed, and if necessary, a lien shall be entered therefor in accordance with law, 35 P.S. § 750.8 et seq.
A. 
No person shall install, construct or request bid proposals for construction of or alter an on-lot disposal system or occupy any building or structure for which an on-lot disposal system is to be installed without first obtaining a permit from Montgomery County Health Department. The approved permit shall indicate the site and the plans with specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act,[1] the standards adopted pursuant to the Act and this Part 3. On-lot system maintenance agreement for on-lot disposal system is specifically included in this requirement; rehabilitation, repair and/or replacement activities require a permit and a contractor to be registered with the Township.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure served by an on-lot disposal system without a County Health Department's reuse approval letter. The owner may apply for a building and or alteration permit with the Township Code Enforcement Office and the structure's owner receive from the MCHD a permit for alteration or replacement of the existing on-site sewage disposal system or written notification that such a permit will not be required. The MCHD shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
C. 
Applicants for on-site system permits shall notify the Sewage Enforcement Officer of the schedule for construction or rehabilitation, repair or replacement so that inspection(s), in addition to the final inspection required by Act 537, may be scheduled and performed by the maintenance contractor in the presence of the SEO.
D. 
Sewage on-lot permits may be issued only by the Montgomery County Health Department's SEO representing the Township for that express purpose. The Department of Environmental Protection shall be notified by the Township as to the identity of its currently employed installer or consultant.
E. 
In addition to the Act 537 requirements and the standards adopted pursuant to that Act, the following additional requirements pertain to new systems in the Township:
(1) 
The permitting of a new system shall provide for the testing, identification and reservation of an area of each lot or developed property suitable for the installation of a replacement on-lot sewage disposal system. This requirement is in addition to the testing, identification and reservation of an area for the primary sewage disposal system. No permit shall be issued for any proposed new systems on any newly created or subdivided property in the Township unless and until a replacement area is satisfactorily tested, satisfactorily identified and reserved by the maintenance contractor. No building permit for existing lots will be issued for structures on a property until the replacement area has passed all tests required by the MCHD.
(2) 
All structures served by new systems shall be required to install water conservation devices and fixtures meeting the minimum criteria as set forth by the Delaware River Basin Commission.
(3) 
All new systems and replacements shall meet Pennsylvania Department of Environmental Protection criteria in addition to the County Health Department's and Township's requirements.
F. 
It shall be a requirement that all individuals selling property that are not making use of a public sewer (being served by an on-site facility) shall, through the owner and/or his agent, deliver a copy of the maintenance agreement (if applicable) and pumping certification of this Part 3 to any purchaser. Any violation of this requirement shall be considered a violation of this Part 3 and subject to the penalties set forth hereinafter.
A. 
All septage originating within the Township shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection (PaDEP). Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and approved farmlands.
B. 
Septage of pumper/haulers 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 to 6018.1003, as amended).
A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part 3.
B. 
All permits, records, reports, files and other written material relating to the installation and malfunction of on-site sewage disposal systems in the Township shall become the property of the MCHD. The Township will retain the pumping activity, operation and maintenance reports. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Township on-lot disposal system management program shall be made available, upon request, for inspection by representatives of the PaDEP.
C. 
The Township Board of Supervisors shall establish a fee schedule, and subsequently collect fees, to cover the cost to the Township of administering this program. Such fees shall be established in the Township's annual fee schedule resolution.
D. 
The Montgomery County Board of Health, with the approval of the Montgomery County Commissioners, shall establish the fees for the Montgomery County Health Department (MCHD).
A. 
A permit shall be revoked by the MCHD at any time for one or more of the following reasons:
(1) 
When a change has occurred in the physical conditions of lands which will materially affect the operation of an individual or community on-lot sewage disposal system covered by a permit issued by MCHD under this chapter.
(2) 
When one or more tests material to the issuance of the permit have not been properly conducted.
(3) 
When information material to the issuance of the permit has been falsified.
(4) 
When the original decision of the local agency otherwise failed to conform with the act and this part.
(5) 
When the permittee has violated the act, this part or the requirements of the permit.
Written appeals from the property owner regarding activities (e.g., sightings, permitting, inspections, or responding to a malfunction complaint) shall be submitted to the Montgomery County Health Department under this Part 3. Written appeals for revocation shall be submitted within 10 days under Section 72.28 of Title 25 of the Pennsylvania Code. The appellant shall be notified within 10 days of receipt of approval or denial decision by the County. PaDEP shall be notified at least three days prior to the hearing date. Hearings under this section and a subsequent appeal shall be conducted under 2 Pa.C.S.A. §§ 551 to 555 (relating to the Local Agency Law) and 35 P.S. § 750.13(a) et seq. MCHD shall defend its actions during the course of a subsequent appeal. The Attorney General and PaDEP shall be notified in writing by the appellant of an appeal challenging the constitutionality of the act or validity of this part.
Any person failing to comply with any provisions of this Part 3 shall be subject to a citation issued by the MCHD for a fine for not less than $100 and costs, and not more than $1,000 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.