As used in this article, 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."
ALTERATION
The repair, modification or replacement of any component
of a subsurface waste disposal system and/or alternative system.
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.)
AUTHORITY
The Derry Township Sanitary Sewer Authority.
AUTHORIZED AGENT
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.
BOARD
The Board of Supervisors of Derry Township, Mifflin County,
Pennsylvania.
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 (DEP).
INDIVIDUAL SEWAGE SYSTEM
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.
MALFUNCTION
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.
MUNICIPALITY
The Township of Derry, sometimes referred to as "Derry Township,"
Mifflin County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN
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.
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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot disposal system.
REPLACEMENT AREA
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.
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER (SEO)
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.
SEWAGE MANAGEMENT DISTRICT
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.
SEWAGE MANAGEMENT PROGRAM
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.
SUBDIVISION
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.
SUBSURFACE WASTE DISPOSAL SYSTEM
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).
UNPLANNED
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, 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.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
the system:
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.
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.