A.
This article shall be known and may be cited as "Sewage Management
Program for Derry Township."
B.
As mandated by the municipal codes, the Clean Streams Law, Act of
June 22, 1937, P.L. 1987 (35 P.S. § 691.1 et seq.), as amended,
and the Pennsylvania Sewage Facilities Act, Act of January 24, 1966,
P.L. (1965) 1535, Act No. 537 (35 P.S. § 750.1 et seq.),
as amended, 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 Derry Township,
Mifflin County, Pennsylvania, indicates that it is necessary to formulate
and to implement a sewage management program to effectively prevent
and abate water pollution and hazards to the public health by improper
treatment and disposal of sewage.
C.
Septic tanks, subsurface waste disposal systems, and/or alternative
systems may be used as a means of sanitary waste disposal in Derry
Township. These systems are an adequate and beneficial system of domestic
waste disposal if properly installed, operated, and maintained, and
are an economically feasible alternative to costly sanitary sewer
systems. However, they may constitute a problem in the Township because
of the following reasons:
D.
The purpose of this article is to provide for the inspection, maintenance
and rehabilitation 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; and to establish penalties and appeal
procedures necessary to the proper administration of a sewage management
program. This program shall be administered by the Board of Supervisors.
As used in this article, the following terms shall have the
meanings indicated:
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."
The repair, modification or replacement of any component
of a subsurface waste disposal system and/or alternative system.
A system for the disposal of domestic wastewater not operating
below ground level, but located on or near the site of the building
or buildings being served. (e.g., composting toilets, grey water recycle
systems, incinerating toilets, spray irrigation and black water recycle
systems, etc.)
The Derry Township Sanitary Sewer Authority.
A certified Sewage Enforcement Officer, Code Enforcement
Officer, professional engineer, Plumbing Inspector, municipal Secretary
or any other qualified or licensed person who is delegated by the
municipality to function within specified limits as the agent of the
municipality to carry out the provisions of this article.
The Board of Supervisors of Derry Township, Mifflin County,
Pennsylvania.
An individual employed by the municipality to administer
and enforce other ordinances in the municipality.
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
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.
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface water of this commonwealth, backs
up into the building connected to the system or otherwise causes a
nuisance, hazard to the public health or pollution of groundwater
or surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any of
the conditions noted above occur for any length of time during any
period of the year.
The Township of Derry, sometimes referred to as "Derry Township,"
Mifflin County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the municipality and approved by the
Pennsylvania Department of Environmental Protection, as described
in and required by the Pennsylvania Sewage Facilities Act.[1]
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.
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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot disposal system.
A portion of a lot or a developed property, sized to allow
the installation of a subsurface sewage disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewage disposal system.
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 substance being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Streams Law," as amended.[2]
The official of the local agency who issues and reviews permit
applications and conducts such investigations and inspections as are
necessary to implement Act 537 and the rules and regulations promulgated
thereunder.
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's adopted Act 537
Official Sewage Facilities Plan.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this chapter and other administrative
requirements adopted by the municipality to effectively enforce and
administer the chapter.
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.
A system for the disposal of domestic wastewaters operating
below ground level and located on or near the site of the building
or buildings being served by the system (e.g., septic tank or aerobic
unit with discharge effluent flowing to drainage field, sand mound
or an evapotranspiration bed).
A subdivision or sewage system that has been recorded/built
since May 15, 1972, which did not have a Sewage Facilities Planning
Module properly submitted to the Department of Environmental Protection
for its approval.
From the effective date of this chapter,[1] its provisions shall apply in any portion of the municipality
identified in the municipality's Act 537 Official Sewage Facilities
Plan as a sewage management district. Within such an area or areas,
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.
[1]
Editor's Note: The applicable effective date is 3-25-2000,
five days after adoption of Ordinance No. 2000-3 on 3-20-2000.
A.
No person shall install, construct or request bid proposals for construction
or alter an 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
is to be installed without first obtaining a sewage permit indicating
that the site and the plans and specifications of such system are
in compliance with the provisions of the Pennsylvania Sewage Facilities
Act[1] and all standards adopted pursuant to that Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
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 municipal Sewage Enforcement Officer.
If 72 hours have elapsed, excepting Sundays and holidays, since the
Sewage Enforcement Officer issuing the permit received written notification
of completion of construction, the applicant may cover said system
or structure unless permission has been specifically refused by the
Sewage Enforcement Officer.
C.
The municipality may require applicants for sewage permits to notify
the municipality's certified Sewage Enforcement Officer 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 the municipality's
certified Sewage Enforcement Officer.
D.
No building or occupancy permit shall be issued by the municipality
or its Codes Enforcement Officer for a new building which will contain
sewage generating facilities until a valid sewage permit has been
obtained from the municipality's certified Sewage Enforcement
Officer.
E.
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 the municipality's
Code Enforcement Officer and the structure's owner receive from
the municipality's Sewage Enforcement Officer either a permit
for alteration or replacement of the existing sewage disposal system
or written notification that such a permit will not be required. The
certified Sewage Enforcement Officer shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
F.
Sewage permits may be issued only by a certified Sewage Enforcement
Officer employed by the municipality for that express purpose. The
Department of Environmental Protection shall be notified by the municipality
as to the identity of its current employed certified Sewage Enforcement
Officer.
G.
Sewage permits may not be issued until an Act 537 planning module
has been prepared for the site and approved by DEP.
H.
Final approval under the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Act 247, as reenacted, amended and supplemented (53 P.S. § 10101 et seq.), and under Chapter 186, Subdivision and Land Development, as it may be amended and supplemented from time to time, of subdivisions served by on-lot sewage disposal may not be given until Pennsylvania Sewage Facilities Act, Act 537,[2] approval is received from Pennsylvania Department of Environmental
Protection (DEP).
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
Any supplements or revisions to the municipality's Official
Sewage Facilities Plan which are prepared pursuant to the applicable
regulations of the Pennsylvania Department of Environmental Protection
for subdivision or development of land within an identified sewage
management district 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.
B.
No permit shall be issued for any proposed new on-lot sewage disposal
system on any newly created or subdivided property in any sewage management
district unless and until a replacement area is tested, identified
and reserved.
B.
The inspection may include a physical tour of the property, the taking
of samples from soils, surface water, wells, 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 service to ascertain the path and ultimate
destination of wastewater generated in the structure.
C.
The municipality's authorized agent shall have the right to
enter upon land for the purposes of inspections described above.
D.
Initial inspections shall be initiated by the municipality's
authorized agent within one year of the effective date of this chapter[2] for the purpose of determining the type and functional
status of each sewage disposal system in the sewage management district.
A written report shall be furnished to the owner of each property
inspected and a copy of said report shall be maintained in the municipal
records in such cases where malfunctions are identified.
[2]
Editor's Note: The applicable effective date is 3-25-2000,
five days after adoption of Ordinance No. 2000-3 on 3-20-2000.
E.
Regular inspections shall be carried out every four years thereafter in conjunction with the maintenance prescribed in § 172-33. These inspections shall be performed by a licensed pumper/hauler or other authorized agent of the municipality.
F.
The municipality and its authorized agent shall inspect systems known
to be, or alleged to be, either unplanned and/or malfunctioning. Should
said inspections reveal that the system had been improperly planned
and/or that the system is malfunctioning, the municipality and its
authorized agent shall take action to require the replanning and/or
correction of the malfunction. If the rehabilitation is not technically
or financially feasible in the opinion of the authorized agent or
a representative of the Pennsylvania Department of Environmental Protection,
then action by the property owner to mitigate the malfunction may
be required.
G.
There may arise geographic areas within the municipality where numerous
on-lot sewage disposal systems are malfunctioning. A resolution of
these area-wide problems may necessitate detailed planning and a municipally
sponsored revision to the area's Act 537 Official Sewage Facilities
Plan. When a DEP-authorized Official Sewage Facilities Plan Revision
has been undertaken by the municipality, mandatory repair or replacement
of individual malfunctioning sewage disposal systems within the study
area may be delayed at the discretion of the municipality, pending
the outcome of the plan revision process. However, the municipality
may compel immediate corrective action whenever a malfunction, as
determined by municipal officials and the Pennsylvania DEP, represents
a serious public health or environmental threat.
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 nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including, but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
A.
Septic tank pumping required; proof of compliance.
(1)
Any person owning a building served by an on-lot sewage disposal
system which contains a septic tank shall have the tank pumped by
a licensed qualified pumper/hauler within 12 months of the effective
date of this chapter.[1] Thereafter, that person
shall have the tank pumped at least once every four years, except
as set forth hereinafter. The pumper/hauler shall submit a signed
receipt to the Sanitary Sewer Authority within the prescribed twelve-month,
four-year or other required pumping periods. This receipt shall contain
the following information:
(a)
The date of pumping;
(b)
The name and address of the system owner;
(c)
The address of the tank's location, if different from the
owner's;
(d)
A description and diagram of the location of the tank, including
the location of any markers, risers, and access hatches;
(e)
The size of the tank;
(f)
The age of the system;
(g)
The last date of pump out;
(h)
A list of other maintenance performed;
(i)
Any indications of system malfunction observed;
(j)
The amount of septage or other solid or semisolid material removed;
(k)
The cost of the pumping service;
(l)
The waste hauler's state license number permitting it to
collect and haul septage in the Commonwealth of Pennsylvania;
(m)
A list of recommendations.
[1]
Editor's Note: The applicable effective date is 3-25-2000,
five days after adoption of Ordinance No. 2000-3 on 3-20-2000.
(2)
The receipt shall be signed by the system owner certifying that the septage does not contain any of the prohibited substances listed in § 172-32.
(3)
The receipt shall be submitted to the Sanitary Sewer Authority to
serve as proof of compliance with the pump-out requirements of this
section. A copy shall be retained by the system owner and a copy shall
be submitted to the site or facility accepting the septage for disposal.
B.
The required pumping frequency may be increased or decreased 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 buildup, if the system malfunctions or for
other good cause shown. If any person can prove that his or her system
tank had been pumped within four years of the one-year anniversary
of the effective date of this chapter,[2] then the municipality may delay that person's initial
required pumping to conform to the general four-year frequency requirement.
[2]
Editor's Note: The applicable effective date is 3-25-2000,
five days after adoption of Ordinance No. 2000-3 on 3-20-2000.
C.
A required pumping cycle or the pumping frequency requirement as
per this article may be omitted or skipped if a written application
to omit or skip a required pumping cycle or pumping frequency requirement
is submitted to the municipality by a person owning a building served
by an on-lot sewage disposal system which contains a septic tank and,
if, upon inspection by the certified Sewage Enforcement Officer (SEO)
of the municipality, it is estimated by the certified Sewage Enforcement
Officer (SEO) of the municipality that the measurement of the accumulated
scum and sludge depth added together will not exceed 1/3 of the liquid
depth of the tank before the next scheduled pumping.[3] However, anything aforesaid to the contrary notwithstanding,
no more than one consecutive required pumping cycle or consecutive
pumping frequency requirement may be skipped or omitted.
[3]
Editor's Note: For example: If it has been four years
since the last pumping and the tank is only 1/8 full of scum and sludge,
the tank pumping cycle may be skipped in that by extrapolation it
will be only 1/4 full if scum and sludge by the time of the next scheduled
pumping in four years, and, as such, will not exceed 1/3 full by the
next scheduled pumping. On the contrary, if it has been four years
since the last pumping of the septic tank and it is 1/4 full of scum
and sludge, there should be no permission to skip a pumping cycle
in that by extrapolation it will be 1/2 full in four more years, which
is in excess of 1/3 full.
D.
Any person owning a property served by a septic tank shall submit,
in conjunction with each required pumping receipt described above,
a written statement from the pumper/hauler or from any other qualified
individual acceptable to the municipality 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 municipality's certified
Sewage Enforcement Officer for approval of the necessary repair.
E.
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 municipality within six months
of the effective date of this chapter.[4] Thereafter, service receipts shall be submitted to the
municipality 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.
[4]
Editor's Note: The applicable effective date is March
25, 2000, five days after adoption of Ordinance No. 2000-3 on March
20, 2000.
F.
Any person owning a building serviced by a cesspool or dry well shall
have the 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 certified
Sewage Enforcement Officer for a septic tank to be installed preceding
the cesspool or dry well. For systems consisting of a cesspool or
dry well preceded by an approved septic tank, only the septic tank
must be pumped at the prescribed interval.
G.
The municipality 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,
etc.
H.
Any system which contains two disposal fields shall alternate the
use of those fields every six months in order to allow the other field
to rest and rejuvenate its disposal capability.
A.
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 unless a permit to discharge has been obtained
from the Pennsylvania Department of Environmental Protection.
B.
The municipality shall issue a written notice of violation to any
person who is the owner of a property in the municipality which is
found to be serviced by a malfunctioning on-lot sewage disposal system
or which is discharging raw or partially treated sewage without a
permit. Repairs and/or relocation of malfunctioning systems shall
be completed within 60 days after official notification by the municipality.
C.
Within seven days of notification by the municipality that a malfunction
has been identified, the property owner shall make application to
the municipality's certified Sewage Enforcement Officer for a
permit to repair or replace the malfunctioning system. Within 30 days
of initial notification by the municipality, construction of the permitted
repair or replacement shall commence. Within 60 days of the original
notification by the municipality, the construction shall be completed
unless seasonal or unique conditions mandate a longer period, in which
case the municipality shall set an extended completion date.
D.
The municipality's certified Sewage Enforcement Officer 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 system's treatment tank, expanding the existing disposal
area, replacing a gravity distribution system with a pressurized system,
replacing the system with a holding tank, other alternatives as appropriate
for the specific site.
E.
Low flow shower heads, faucets and toilets shall be required in conjunction
with all newly constructed buildings to be served by on-lot sewage
systems.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or do not prove effective, the municipality may require the owner to apply to the Pennsylvania Department of Environmental Protection for a permit to install an individual spray irrigation treatment system or a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 90 days.
G.
Should none of the remedies described above prove 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 municipality may require whatever action is necessary
to lessen or mitigate the malfunction to the extent that it feels
necessary.
The municipality, upon written notice from the municipal Sewage
Enforcement Officer that an imminent health hazard exists due to failure
of a property owner 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 certified Sewage Enforcement Officer. The owner shall
be charged for the work performed in an amount equal to the actual
cost thereof together with all attorney's fees, out of pocket
and administrative costs incurred by the Township in collecting the
same and, if necessary, a lien shall be entered therefor in accordance
with law.
A.
All septage originating within the municipal sewage management district
shall be disposed of at sites or facilities approved by the Pennsylvania
Department of Environmental Protection. Approved sites or facilities
shall include the following: septage treatment facilities, wastewater
treatment plants, composting sites, and approved farm lands.
B.
Septage of pumpers/haulers operating within the municipal sewage
management district shall operate in a manner consistent with the
provisions of the Pennsylvania Solid Waste Management Act (Act 97
of 1980, as amended, 35 P.S. §§ 6018.101 through 6018.1003,
as amended).
A.
The municipality shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The municipality shall employ qualified individuals to carry out
the provisions of this article. Those employees shall include a certified
Sewage Enforcement Officer and may include a Codes Enforcement Officer,
Secretary, administrator or other persons as required. The municipality
may also contract with private qualified persons or firms as necessary
to carry out the provisions of this article.
C.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems in the sewage management district shall
become the property of the municipality. 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 municipality's sewage management program shall
be made available, upon request, for inspection by representatives
of the Pennsylvania Department of Environmental Protection.
D.
The municipality shall establish all administrative procedures necessary
to properly carry out the provisions of this article.
E.
The Township Board of Supervisors may establish a fee schedule, and
subsequently collect fees to cover the cost to the municipality of
administering this program.
A.
Appeals from decisions of the municipality or its authorized agents
under this article shall be made to the municipality, in writing,
within 30 days from the date 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 the appeal
is received at least 14 days prior to the meeting. If the appeal is
received within 14 days of the next regularly scheduled meeting, the
appeal shall be heard at the subsequent 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 municipality. 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. If a decision is not rendered within 30 days, the
release sought by the appellant shall be deemed granted.
A.
Any person who shall violate any provisions of this article or who
is the owner of a property on which a condition exists which constitutes
a nuisance under this article or under the Pennsylvania Sewage Facilities
Act, Act 537, 35 P.S. § 750.1 et seq., as amended and supplemented,
or who resists or interferes with any officer, agent or employee of
the municipality in the performance of his or her duties, acting in
accordance with this article and in accordance with Pennsylvania Sewage
Facilities Act, Act 537, 35 P.S. § 750.1 et seq., as amended
and supplemented, shall, upon conviction thereof, be sentenced to
pay a fine of not less than $500 nor more than $5,000, plus costs,
or to imprisonment not to exceed 90 days, or both.
B.
In addition thereto, the municipality shall have the power to institute
suits at law or, in accord with the provisions of the Pennsylvania
Sewage Facilities Act, Act 537, specifically Section 12 thereof (35
P.S. § 750.12), as it may be amended and supplemented and
the regulations promulgated in accord therewith, in equity in order
to enforce this article. The appropriate officers or agents of the
municipality are hereby authorized to seek equitable relief, including
injunctions, to enforce compliance herewith.
C.
In addition to proceeding under any other remedy available at law
or in equity for a violation of any provision of this article, or
for a violation of any other provision of the Pennsylvania Sewage
Facilities Act, Act 537, 35 P.S. § 750.1 et seq., as it
may be amended or supplemented, or any rule or regulation promulgated
under the Pennsylvania Sewage Facilities Act, Act 537, aforementioned,
or any order or permit issued by the Pennsylvania Department of Environmental
Protection, or by the municipality pursuant to the Pennsylvania Sewage
Facilities Act, Act 537, aforementioned, and/or this article, the
municipality, after notice and hearing, may assess a civil penalty
against any person for that violation, may assess the cost of damages
caused by such violation and the cost of correcting the violation,
all as authorized in and in accord with the provisions and procedures
set forth in the Pennsylvania Sewage Facilities Act, Act 537, Section
13.1 (35 P.S. § 750.13a), as it may be amended and supplemented
from time to time, and any rules or regulations promulgated thereunder.
The civil penalty so assessed shall not be less than $300 and not
more than $2,500 for each violation. Further, in any case where the
municipality determines that damages resulting from the violation
is of a continuing nature, the municipality may impose a weekly assessment
of not more than $2,500 per week for each week the violation continues
unabated by the violator. The weekly assessment shall accrue indefinitely
after the date of notice of assessment to the violator. The procedures,
fines, civil penalties and fees otherwise set forth in the Pennsylvania
Sewage Facilities Act, Act 537, Section 13.1 (35 P.S. § 750.13a),
as it may be amended and supplemented from time to time, and any rules
or regulations promulgated thereunder, are otherwise incorporated
herein by reference to the extent such are applicable to the municipality
and provide rights and remedies to the municipality.
