[Adopted 11-2-1981 by Ord. No. 43-1981; amended in its entirety 4-7-2003 by Ord. No.
142-2003 (Ch. 18, Part 3, of the 1984 Code of Ordinances)]
This article shall be known and may be cited as the "West Donegal
Township On-Lot and Community Sewage System Ordinance."
A.
The Board of Supervisors recognizes that individual on-lot sewage
disposal systems constitute a valid and approved manner of conserving
the quality of the water and other natural resources of the Township
through proper treatment of wastes generated by development within
the Township. The use of individual on-lot sewage systems must be
regulated in accordance with the regulations promulgated by the Department
of Environmental Protection which pertain to the location and permitted
types of on-lot sewage disposal systems. In addition, the Township
has determined that should the on-lot sewage system disposal system
installed by a landowner fail, the water quality and other natural
resources of the Township may be polluted. It is especially of concern
to the Board that such pollution may occur when a system fails and
there is no suitable area on the lot for the installation of a replacement
system. Therefore, in order to protect the water quality and other
natural resources of the Township, thereby protecting the health and
welfare of residents and visitors, the Board desires to require that
all landowners provide and set aside areas for the installation of
replacement individual on-lot sewage disposal systems.
B.
It is the further intent of the Board to insure that on-lot sewage
disposal systems are properly maintained. Failure to maintain on-lot
sewage disposal systems results in malfunctions which in turn results
in the pollution of the water quality and other natural resources
of the Township. On-lot sewage disposal systems should be pumped out
on a regular basis, and it is the responsibility of all landowners
to insure such maintenance is performed.
C.
The Board also desires to provide for the proper maintenance of the
community systems which have been installed in the Township. Proper
maintenance of community sewage systems is essential to preserve and
protect the health and welfare of Township residents and to preserve
and protect the environment.
A certain document, three copies of which have been and are
presently on file in the office of the Secretary of the Township of
West Donegal, being marked and designated as Chapters 71, 72, and
73 of Title 25 of the Pennsylvania Code, being promulgated by the
Department of Environmental Protection of the Commonwealth of Pennsylvania,
be and is hereby adopted as the sewage permit application and installation
procedure of the Township and each and all of the regulations contained
in the said chapters are hereby adopted by the Township except as
modified by this article. It is the intent of the Board to adopt all
subsequent amendments and revisions to the said chapters as permitted
by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a).
If such an intent is found invalid by a court of competent jurisdiction,
it is the intent of the Board to adopt the said chapters as they existed
on the effective date of this article.
A.
Word usage. In the interpretation of this article, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
B.
ACT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
DEVELOPER
ERSA
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LOT
MALFUNCTION
MANIFEST
NONSTANDARD SYSTEM
OFFICIAL PLAN
OLDS
PERMIT
PERSON
PLANNING COMMISSION
PLANNING MODULE FOR LAND DEVELOPMENT
REPLACEMENT LOCATION
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
THE CLEAN STREAMS LAW
TOWNSHIP
Definitions. All words and phrases not otherwise defined herein shall
have the meaning provided in Section 2 of the Act, 35 P.S. § 750.2,
Section 71.1 of the Department's Regulations, 25 Pa. Code § 71.1,
or Section 73.1 of the Department's Regulations, 25 Pa. Code
§ 73.1, or the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The Board of Supervisors of the Township.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more of the lots or at any other site
and which shall comply with all applicable regulations of the Department.
Notwithstanding the foregoing, the sewage collection, transmission
and treatment system of ERSA not be considered a community sewage
system for the purposes of this article.
[Amended 12-5-2011 by Ord. No. 192-2011]
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person who files a planning module for land development with the Township; or who files an application for approval of a subdivision or land development plan proposing the subdivision or development of land within the Township; or who makes application for a permit; or who makes an application for a zoning permit under Chapter 240, Zoning, of the Code of the Township of West Donegal; or who installs, repairs, modifies, or alters an OLDS or community sewage system serving properties within this Township other than a governmental entity.
Elizabethtown Regional Sewer Authority.
[Added 12-5-2011 by Ord. No. 192-2011]
Any system of piping, tanks, or other facilities serving
on a single lot and collecting and disposing of sewage in whole or
in part into the soil and any waters of the Commonwealth of Pennsylvania
and which is located upon the lot which it serves. The term also includes
an OLDS which meets the definition of nonstandard system.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term lot shall include parcels equal to or greater than 10 acres
in size where the lot may be occupied by one or more persons or families.
The condition which occurs when an OLDS or community sewage
disposal discharges sewage onto the surface of the ground, into groundwaters
of the commonwealth, into surface waters of the commonwealth, backs
up into the building connected to the OLDS or community sewage disposal
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. An OLDS or community sewage disposal
system shall be considered to be malfunctioning if any of the conditions
set forth in this paragraph occur for any length of time during any
period of the year.
A written report made to the Township by a septage hauler
providing service to an OLDS within the Township which at a minimum
contains the name and address of the septage hauler, the name of the
property owner, the address of the property upon which the OLDS is
located, a description of all services performed by the septage hauler,
the location at which any sewage or solids removed from the OLDS will
be disposed, a description of the condition of the OLDS, a statement
noting whether any malfunctions of the OLDS were observed, and a statement
noting all maintenance or repairs to the OLDS performed.
[Added 12-9-2013 by Ord. No. 206-2013]
An OLDS which has any equipment which is not commonly found
on OLDS within Lancaster County or an OLDS which has been modified
to address groundwater contamination or other environmental issues
or any OLDS which requires additional approvals from the Department
or a modification or amendment to the Township's Official Plan.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
An individual on-lot sewage disposal system.
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the initial
installation of an OLDS or the repair, replacement or enlargement
of an existing OLDS.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate,
or other legally recognized entity. Whenever the term "person" is
used in connection with any clause providing for the imposition of
a fine or penalty or the ordering of the action to comply with the
terms of this article, the term "person" shall include the members
of an association, partnership or firm and the officers of any public
or private corporation, whether for profit or not-for-profit.
The Township Planning Commission.
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with Department regulations.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
Any person licensed by the Lancaster County Solid Waste Management
Authority, the Department or other governmental agency to remove septage
or other solids from treatment tanks of OLDS or community sewage disposal
systems, holding tanks, privies, aerobic tanks, cesspools, or any
other sewage disposal facility within the Township.
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 animals 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.
The Sewage Enforcement Officer of the Township.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L 805, No. 247, as amended
and reenacted, 52 P.S. § 10101 et seq.
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35
P.S. § 691.1 et seq.
The Township of West Donegal, Lancaster County, Pennsylvania.[1]
[1]
Editor’s Note: The former definition of "WDTA," which
immediately followed, was superseded 12-5-2011 by Ord. No. 192-2011.
See now the definition of "ERSA."
In order to insure compliance with the Official Plan, all developers
who request approval of planning modules for land development or who
request the review of subdivision plans and/or land development plans
providing for sewage disposal by means of OLDS or community sewage
systems shall submit the following information to the Township for
review in accordance with the following requirements:
A.
The developer shall submit the information required by this § 170-45 to the Township with the planning module for land development or with the preliminary subdivision or land development plan, whichever the developer first submits to the Township.
B.
It is the responsibility of the developer to submit the information
to all other reviewing agencies, including but not limited to the
Lancaster County Planning Commission, in accordance with the Department's
regulations. It is the responsibility of the developer to pay for
the publication of any legal advertisement which may be required by
the Department's regulations. Failure of the developer to pay
the costs of legal advertisement within 15 days after receipt of a
copy of the newspaper's invoice shall render the submission incomplete.
C.
The developer shall submit a written report detailing the planning
and decisionmaking steps used in the selection of the method of sewage
disposal.
A.
After the effective date of this article, no requests for approvals
of planning modules for land development and no revisions or supplements
to the Official Plan shall be granted unless the applicant presents
to the Board evidence that each lot or lot to be created contains
a suitable location for the installation of an initial OLDS except
when such lots or lots to be created are to be served by a community
sewage system. All tests required by the Department and this article
for the location of an OLDS to confirm the suitability of the location
shall be performed as approved by the Department.
B.
After the effective date of this article, all planning modules for
land development except planning modules for land development which
propose sewer service by means of the ERSA sewer system shall be accompanied
by hydrogeologic tests performed in accordance with all applicable
Department regulations. The Board shall not approve any planning module
for land development which does not contain hydrogeologic studies
which demonstrate that the proposed sewage disposal facilities will
not adversely affect the groundwater or that measures will be utilized,
such as the installation of denitrification systems or dispersion
plume easements, which will address the impacts of the proposed sewage
disposal facilities.
[Amended 12-5-2011 by Ord. No. 192-2011]
C.
Well test results submitted with planning modules will be compared
with the Official Plan well test data. If the results vary from the
Official Plan well test data, the Township may require additional
testing to verify any discrepancies.
After the effective date of this article, a replacement location
for an OLDS shall be required for all lots or lots to be created which
are not serviced or to be serviced by a community sewage system operated
by a governmental entity or for which a valid permit for an OLDS has
not been issued. The replacement location shall comply with the Act
and with all regulations issued by the Department as incorporated
into this article concerning OLDS, including isolation distances,
and with the terms of this article and any other applicable Township
ordinances.
A.
Each person who shall apply for a permit under Chapter 240, Zoning, or a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS), or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan, or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the replacement location shall be performed as approved by the Department. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B.
The developer shall identify the location of the initial OLDS and
the replacement location as confirmed by the Sewage Enforcement Officer
on the plot plans and diagrams submitted as a part of the subdivision
or land development plan and as part of the permit application.
C.
If the application has been submitted as a part of an application
for approval or review of a planning module for land development,
the developer shall identify the location of each OLDS and each replacement
location upon the plans. If the application is for subdivision or
land development approval, the developer shall include a note on the
plans stating that no improvements shall be constructed upon the replacement
location, and the deed to each lot created as a part of the subdivision
or land development shall contain language reflecting this limitation.
D.
Any revisions to a permit affecting a replacement location which
previously has been issued pursuant to the provisions of this article
shall be approved by the Board or its authorized representative. Any
revisions to a subdivision or land development plan affecting a replacement
location which previously approved has been pursuant to the provisions
of this article shall be approved by the Planning Commission.
No person shall construct or install any permanent or temporary
improvements of any character other than the planting of trees, shrubs,
or other plant matter upon the replacement location unless the person
who desires to construct such improvements shall demonstrate to the
satisfaction of the Sewage Enforcement Officer that an alternate replacement
location which complies with all applicable regulations of the Department,
this article and all other applicable Township ordinances exists upon
the lot. If such an alternate replacement location shall be identified,
the alternate replacement location may be considered to be the replacement
location required by this article and shall be designated as the replacement
location. The newly designated replacement location shall thereafter
be considered the replacement location for the purposes of this article.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under Chapter 240, Zoning, or an installation permit for an OLDS may request that the Board of Supervisors grant an exception to the requirement of providing a replacement location. Applicants for relief under this section shall submit a written application setting forth the information required by this section and shall include the application fee established by resolution or ordinance of the Board of Supervisors. The applicant for such an exception shall present credible evidence to the Board demonstrating i) that the lot was held in single and separate ownership on the effective date of this article; ii) the size of the lot; iii) inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and iv) the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article.
The landowner and any contractor performing work upon an OLDS shall obtain a permit from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department, and this article prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Board granting relief from the designation of a replacement location in accordance with Section § 170-50 of this article or unless such permit is requested to repair a malfunction of an existing OLDS.
All developers within the Township shall design sewage disposal
systems in accordance with the planning policies and methodology set
forth in this section. The developer shall include a narrative with
any planning submission which shall demonstrate the procedure used
by the developer in determining the sewage disposal facilities proposed
for the development. If the developer is not required to submit a
planning submission, the developer shall present information sufficient
to demonstrate compliance with this section with his or her application
to the Sewage Enforcement Officer for a permit to install, repair,
alter or modify an OLDS.
A.
The Township encourages use of OLDS wherever feasible and economical
outside of the present and future public sewer service area as defined
by the Official Plan of the Township. Developers shall use outside
of the public sewer service area planning policies which foster the
non-sewer approach and the conservation of groundwater resources.
At a minimum, the developer shall address the following Township policies:
(1)
Establish OLDS and community sewage disposal system ownership and
maintenance responsibilities with the individual lot owner, a homeowners'
association, condominium unit owners' association or the developer.
(2)
Provide water conservation and waste flow reduction by the use of
water-saving devices and other state of the art water conservation
methods for all new construction and the replacement of any components
of existing structures.
(3)
Recycle wastewater by relying upon OLDS for groundwater recharge
via subsurface disposal of treated wastewater.
(4)
Restrict elevated sand mound systems in accordance with Chapter 73
of the Department's regulations where possible.
(5)
Restrict subsurface community sewage disposal systems to resolution
of sewage-related problems of existing structures.
B.
The methodology for selecting and evaluating specific OLDS shall
be a progressive multistep process. The developer may consider and
evaluate a community sewage system outside of the public sewered areas
established by the Official Plan only when individual OLDS are not
feasible.
(1)
Evaluate individual OLDS. The approved individual wastewater treatment
systems within the Township are septic tanks, aerobic treatment units,
spray irrigation systems and, if no other method is feasible, individual
stream discharge systems. These treatment methods may be used with
the various effluent treatment and disposal methods outlined below:
(a)
Conventional subsurface absorption system. If a site is suitable
in accordance with Department regulations for conventional sewage
disposal systems, such as a septic or aerobic tank with an absorption
area (standard trench, seepage bed, subsurface sand filter or elevated
sand mounds), the appropriate combination of wastewater treatment
and effluent disposal system shall be selected as the most cost-effective
OLDS.
(b)
Conventional spray irrigation or stream discharge system. If
a site is suitable in accordance with Department regulations for a
conventional spray irrigation or individual stream discharge system,
and if the site is not suitable for a conventional subsurface absorption
system, the appropriate combination of wastewater treatment and effluent
disposal system shall be selected.
(c)
Alternate systems. The developer shall evaluate alternate systems
if there are inadequate soils or other concerns on the site that prevent
the use of conventional septic systems. These systems shall use technology
that has been proven successful. The design of the alternate system
shall be approved in accordance with the regulations of the Department
and the Act.
(d)
Experimental systems. The Township does not encourage experimental
systems. A developer may propose the use of an experimental system
only in areas where other alternatives are not available. The developer
shall submit all documentation required for approval of the experimental
system in accordance with the regulations of the Department and the
Act. Testing, monitoring and permitting of these systems shall comply
with the requirements of the Department.
(2)
Replacement location. The developer shall provide a replacement location
for each OLDS set forth above unless such OLDS is being installed
to address an existing malfunction and no replacement location is
available or unless the developer obtains a waiver from the requirement
to provide a replacement location in accordance with the provisions
of this Ordinance.
(3)
Examine combined individual and community systems. As a remedial
action, a developer may propose the linking of existing, malfunctioning
OLDS to a new development to solve the malfunctioning condition.
(4)
Examine community sewage systems. The developer may evaluate community
sewage systems only if it is not feasible to provide for sewage disposal
through OLDS. The developer shall provide on-site or off-site wastewater
treatment. The developer shall review each collection alternative
and shall select an effluent disposal method from the various alternatives.
Community sewage systems shall be utilized only for correction of
sewage -related problems of existing OLDS or community sewage systems
unless the community sewage system is operated by a governmental entity
in accordance with the Township Official Plan.
C.
The developer shall evaluate the construction cost, operation and
maintenance costs, and environmental impacts of each method of sewage
disposal and shall choose the most appropriate for maintenance of
water quality. The developer shall present the evaluation to the Township
as part of its planning submission.
All landowners, developers and contractors who desire to install,
repair, modify or alter an OLDS in the Township shall obtain a permit
from the Sewage Enforcement Officer prior to the commencement of such
work. All work performed under any permit shall comply with the following
regulations:
A.
The holder of a permit and the contractor performing work under such
permit shall notify the Sewage Enforcement Officer at least three
working days before commencing installation, repair, modification
or alteration of the OLDS in order that one or more inspections in
addition to the final inspection required by the Department may be
scheduled and performed by the Sewage Enforcement Officer.
B.
Any OLDS permit providing for the installation or repair of a septic
tank shall require that the septic tank contain septic solid retainers
of the type as specified by the Department's regulations. This
is to obtain the highest quality effluent.
C.
If construction or installation of the OLDS and of any building or
structure for which such OLDS is to be installed has not commenced
within three years after the issuance of the permit for such OLDS,
the permit shall expire. The landowner and/or contractor shall obtain
a new permit prior to commencement of the installation, repair, modification,
replacement or alteration of the OLDS.
All landowners, developers and contractors who desire to install a nonstandard OLDS in addition to all requirements of §§ 170-51, 170-52 and 170-53 of this article shall also meet all of the following requirements:
A.
The record owner of the lot on which such system is to be installed
and, if different, the applicant, shall enter into an agreement with
the Township, in recordable form, providing for the long-term maintenance
of the system which grants the Township the right to enter upon the
property; to inspect such system not less than once each year and,
in addition, whenever the Township receives a complaint or otherwise
has reason to believe that such system is not functioning properly;
to maintain such system if the landowner fails to do so; and to recover
the cost of any maintenance performed plus a penalty from the landowner.
The agreement shall specifically authorize the Township to file a
municipal claim against the property to recover costs and fees and
shall specifically state that its provisions are binding upon the
landowner executing the agreement and upon all successive owners of
the property until the system is removed and the property is connected
to a public sewer system owned and operated by a governmental entity.
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the system and payment of costs of
annual inspection of such system. The amount of the financial security
shall be based upon the estimated cost to maintain the particular
nonstandard system chosen by the applicant. The financial security
shall be posted through an irrevocable letter of credit in a form
acceptable to the Township Solicitor or in a cash escrow which the
Township shall maintain in a non-interest-bearing account. The Township
shall not release such financial security until the Township is provided
with alternate financial security or until the system is removed and
the property is connected to a public sewer system owned and operated
by a governmental entity.
C.
The applicant shall demonstrate to the Township that the proposed
nonstandard system meets all applicable Department regulations and
that the applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete set of as-built
plans for the nonstandard system after its installation.
E.
The applicant shall reimburse the Township for all costs incurred
in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with the yearly inspection
of the nonstandard system.
All landowners, developers and contractors who desire to install
a community sewage system shall meet all of the following requirements:
A.
The record owner of the lot on which the community sewage system
is to be installed and, if different, the applicant, shall enter into
an agreement with the Township, in recordable form, providing for
the long-term maintenance of the community sewage system which grants
the Township the right to enter upon the property; to inspect such
community sewage system not less than once each year and, in addition,
whenever the Township receives a complaint or otherwise has reason
to believe that such community sewage system is not functioning properly;
to maintain such community sewage system if the owner fails to do
so; and to recover the cost of any maintenance performed plus a penalty
from the owner. The agreement shall specifically authorize the Township
to file a municipal claim against the property served by the community
sewage system to recover costs and fees and shall specifically state
that its provisions are binding upon the landowner executing the agreement
and upon all successive owners of the property and any lots which
are served by the community sewage system until the community sewage
system is removed and the property is connected to a public sewer
system owned and operated by a governmental entity or until ERSA or
another governmental entity assumes ownership and maintenance responsibility
for the community sewage system.
[Amended 12-5-2011 by Ord. No. 192-2011]
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the community sewage system and payment
of costs of annual inspection of such system. The amount of the financial
security shall be based upon the estimated cost to maintain the particular
community sewage system chosen by the applicant. The financial security
shall be posted through an irrevocable letter of credit in a form
acceptable to the Township Solicitor or in a cash escrow which the
Township shall maintain in a non-interest-bearing account. The Township
shall not release such financial security until the Township is provided
with alternate financial security or until the community sewage system
is removed and the property is connected to a public sewer system
owned and operated by a governmental entity or until ERSA or another
governmental entity assumes ownership and maintenance responsibility
for the community sewage system.
[Amended 12-5-2011 by Ord. No. 192-2011]
C.
The applicant shall demonstrate to the Township that the proposed
community sewage system meets all applicable Department regulations
and that the applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete set of as-built
plans for the community sewage system after its installation.
E.
The applicant shall reimburse the Township for all costs incurred
in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with the yearly inspection
of the community sewage system.
[Amended 12-9-2013 by Ord. No. 206-2013[1]]
All persons who own a lot upon which an OLDS is installed and
all persons who occupy a lot on which an OLDS is installed shall properly
use and maintain such OLDS. Proper maintenance of an OLDS shall include,
at a minimum:
A.
Retention of a septage hauler to inspect the OLDS and to remove septage
from the tank of the OLDS at least once during each period of three
calendar years or whenever an inspection reveals that the treatment
tank is filled with solids in excess of 1/3 the liquid depth of the
tank or with scum in excess of 1/3 the liquid depth of the tank, whichever
shall require the more frequent removal. It is the responsibility
of the property owner to insure that septage is removed from the tank
of the OLDS and the OLDS is inspected in accordance with the requirements
of this section. No person other than a septage hauler shall be permitted
to remove septage from the tank of an OLDS or to otherwise dispose
of any septage or any other substance within an OLDS.
(1)
After the effective date of the amendment to this article, the Township
shall be divided into three sections. All property owners shall be
notified by the Township of the section to which the property is assigned.
(2)
Any OLDS installed upon a property which is located within Section 1 shall be inspected and have septage removed from the tank of the OLDS within 12 months from the effective date of the amendment to this article (January 1, 2014). Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS was inspected and had septage removed from its tank within the twenty-four-month period preceding the effective date of the amendment to this article, the OLDS will not have to be inspected and have septage removed within 12 months from the effective date of the amendment to this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of § 170-56A(5) herein.
(3)
Any OLDS installed upon a property which is located within Section 2 shall be inspected and have septage removed from the tank of the OLDS within 24 months from the effective date of the amendment to this article (January 1, 2014). Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS was inspected and had septage removed from its tank within the twelve-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 24 months from the effective date of the amendment to this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of § 170-56A(5) herein.
(4)
Any OLDS installed upon a property which is located within Section
3 shall be inspected and have septage removed from the tank of the
OLDS within 36 months from the effective date of the amendment to
this article (January 1, 2014).
(5)
The date upon which any OLDS is inspected and has septage removed in accordance with § 170-56A(2) through (4) herein shall be considered the date of initial maintenance. All OLDS shall be inspected and have septage removed in accordance with this Section within three years from the date of initial maintenance. The OLDS shall continue to be inspected and have septage removed from the tank within three years from the date of the last inspection and removal of the septage as long as the OLDS continues to be used for sewage disposal.
(6)
For OLDS installed after the effective date of the amendment to this
article (January 1, 2014), the OLDS must be inspected and have septage
removed within three years from the date of final inspection of the
OLDS or, in the case of new construction, if the property will not
be occupied within one month from the date of final inspection of
the OLDS, within three years from the date of the issuance of the
certificate of use and occupancy by the Zoning Officer. The OLDS shall
continue to have septage removed from the tank within three years
from the date of the last inspection and removal of the septage as
long as the OLDS continues to be used for sewage disposal.
B.
Maintenance of surface contouring and other measures consistent with
the regulations of the Department to divert stormwater away from the
treatment facilities and absorption areas and to protect the absorption
areas from physical damage.
C.
Following any operation and maintenance recommendations of the manufacturer
of the OLDS. If the OLDS is a nonstandard OLDS, additionally following
the operation and maintenance recommendations of the manufacturer
of the nonstandard equipment which is part of the OLDS.
D.
Discharging only domestic sanitary sewage into an OLDS. The following
types of waste shall not be discharged into an OLDS:
(1)
Industrial waste.
(2)
Automobile oil, other nondomestic oil, grease, nonbiodegradable soaps,
detergents and/or inert materials such as coffee grounds.
(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 surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps, and french drains.
(5)
Vehicle wash water and other potentially contaminated or clean runoff
or stormwater.
(6)
Disposable products such as diapers, tampons, and similar materials.
(7)
Beauty shop waste other than a single-chair beauty shop in conjunction
with a residential use.
(8)
Abattoir or butcher shop waste.
[1]
Editor's Note: This article also provided for an effective
date of January 1, 2014.
All persons who own a lot which is served by a community sewage
system shall properly use such community sewage system. The owner
of the community sewage system shall property maintain the community
sewage system. Proper maintenance of a community sewage system shall
include, at a minimum:
A.
Inspection of the community sewage system by the Township Sewage
Enforcement Officer or by a sewage enforcement officer certified by
the Department on a bimonthly basis. If the inspection is performed
by a sewage enforcement officer other than the Township Sewage Enforcement
Officer, the property owner shall submit the inspection report prepared
and signed by the sewage enforcement officer to the Township within
one month after the date of inspection of the community sewage system.
All laboratory analyses required to be submitted by the Department
or the Department's regulations shall also be submitted simultaneously
to the Township to be reviewed as appropriate by the Sewage Enforcement
Officer or his designee.
B.
Removal of septage or sludge in accordance with Department regulations
and manufacturer specifications.
C.
Maintenance of surface contouring and other measures consistent with
the regulations of the Department to divert stormwater away from the
treatment facilities and absorption areas and to protect the absorption
areas from physical damage.
D.
Following any operation and maintenance recommendations of the manufacturer
of the community sewage system.
E.
Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in § 170-56D of this article shall not be permitted to be discharged.
Any person who owns a lot upon which an OLDS or community sewage
system is installed, any person who occupies a lot upon which an OLDS
or community sewage system is installed, any person who owns a community
sewage system, and any septage hauler pumping out or otherwise maintaining
an OLDS or community sewage system shall report any malfunctioning
of such OLDS or community sewage system to the Township. Such report
shall be made as soon as possible but in no case later than three
days after discovery of the malfunction.
In addition to all other duties of the Sewage Enforcement Officer
set forth in this article, the Sewage Enforcement Officer shall have
the power and duty to enforce the provisions of this article and to
investigate any reports of malfunctioning OLDS and community sewage
system or evidence that an OLDS or community sewage system may be
malfunctioning which the Sewage Enforcement Officer discovers. In
performing these duties the Sewage Enforcement Officer shall have
the following powers:
A.
To conduct routine inspections of properties upon which OLDS or community
sewage systems are installed as part of an administrative program
to insure compliance with this article. Any inspections shall be performed
in accordance with all applicable statutes and constitutional provisions.
B.
To make reports as requested by the Board regarding maintenance of
OLDS and community sewage systems in the Township and to suggest actions
which may be taken by the Board to insure proper maintenance.
C.
To consult with the Township Engineer and the Township Solicitor,
as authorized by the Board, to assist in the enforcement of this article.
A.
It shall be a violation of this article to commit or permit any other
person to commit any of the following acts:
(1)
To install, repair, modify or alter an OLDS or a community sewage
system prior to obtaining a permit or in a manner which violates the
terms and conditions of any permit.
(2)
To misuse or fail to maintain an OLDS or a community sewage system.
(3)
To fail to report a malfunctioning OLDS or community sewage system.
(4)
To fail to remedy a malfunctioning OLDS or community sewage system.
(5)
To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 170-48 and 170-50 of this article.
(6)
To place false information on or omit relevant information from an
application for a permit.
(7)
To occupy or permit the occupancy of any structure served by an OLDS
for which a valid permit has not been obtained as required by this
article.
(8)
To occupy or permit the occupancy of any structure served by a community
sewage system for which a valid permit has not been obtained as required
by this article.
(9)
To fail to comply with any other provision of this article.
B.
Any person who violates or permits the violation of any provision
of this article; or who shall use, maintain or alter an OLDS or community
sewage system in violation of any permit issued by the Sewage Enforcement
Officer; or who shall fail to remedy or who shall negligently or improperly
remedy any health hazard; or who shall fail to completely implement
a plan to remedy a health hazard which has been reviewed and approved
by the Sewage Enforcement Officer shall be liable, upon summary conviction
therefor, to fines and penalties of not less than $100 nor more than
$1,000 plus all costs of prosecution, which fines and penalties may
be collected as provided by law. All fines and penalties collected
for violation of this article shall be paid over to the Township Treasurer.
Each day that a violation continues and each section of this article
which is violated constitutes a separate violation.
In case any improvement is constructed or any lot maintained
in violation of this article, or any OLDS or community sewage system
is installed, repaired, altered or modified prior to obtaining a permit
as required by this article or in a manner which does not comply with
such permit, or any OLDS or community sewage system is not properly
maintained or the malfunction of any OLDS or community sewage system
is not reported to the Township, in addition to the other remedies
provided by law, the Township may commence any appropriate action
or proceedings in equity to prevent such unlawful construction of
improvements or such unlawful maintenance of such lot or the continued
use of such OLDS or community sewage system.
A.
The following activities are hereby declared to be nuisances:
(1)
Construction of improvements on the replacement location. Such construction
renders the replacement location useless and therefore jeopardizes
the water quality and other natural resources of the Township. This
harm to the water quality and other natural resources of the Township
is a danger to the health, safety and welfare of the residents of
the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code.
(2)
Installation, alteration or modification of an OLDS or community
sewage system without having obtained a permit as required by this
article and the regulations of the Department, or, if a permit was
obtained, in a manner which violates the terms of the permit.
(3)
Failure to maintain an OLDS or community sewage system as required
by this article.
B.
All of these actions result in pollution of the waters of the commonwealth
and other natural resources of the Township and constitute a danger
to the health, safety and welfare of Township residents. The actual
expenses of the Township in the abatement of such nuisances plus a
penalty in the amount of 25% of such expenses shall be filed as a
municipal claim against the property.
Although this article is intended to provide guidelines for
the installation and maintenance of OLDS and community sewage systems
and the identification and maintenance of a replacement location for
OLDS, nothing contained herein shall be interpreted as a guarantee
or warranty to applicants or other Township residents that systems
installed under the provisions of this article will function as intended.
The Township assumes no responsibility for the location and/or maintenance
of OLDS or community sewage systems within the Township.
Appeals from any action of the Sewage Enforcement Officer under
this article shall be made, in writing, to the Board of Supervisors
within 15 days from the date of the written determination of the Sewage
Enforcement Officer. All appeals shall be accompanied by the appeal
fee established by resolution or ordinance of the Board of Supervisors.
A.
The written appeal shall specify the precise action from which the
appeal is taken and shall set forth in concise terms the reason for
the appeal and any legal authorities supporting the appeal period.
B.
If the appellant desires a hearing before the Board, the appellant
must request a hearing in the written appeal.
C.
If a hearing is requested in writing, the Board shall conduct the
hearing at a regular or special public meeting which occurs not less
than 14 days after receipt of the written appeal. The hearing shall
be conducted in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
D.
The Board shall render a decision on the appeal in accordance with
the provisions of the Local Agency Law.
Except as otherwise required by law, this article is intended
as a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this article restates regulations
contained in ordinances previously enacted by the Board of Supervisors,
including but not limited to Ordinance No. 34-1981, this article shall
be considered a restatement and not a repeal of such regulations.
It is the specific intent of the Board that all provisions of this
article shall be considered in full force and effect as of the date
such regulations were initially enacted.
[Added 12-9-2013 by Ord. No. 206-2013]
Each septage hauler who performs maintenance upon an OLDS within
the Township, including but not limited to pumping out the OLDS, shall
insure that after maintenance of an OLDS the septage hauler files
a manifest with the Township for each OLDS serviced within the Township
and provides the owner of the property on which the OLDS is located
with a copy of the manifest. The owner of a lot on which an OLDS is
located is responsible to insure that the septage hauler files a copy
of the manifest with the Township after maintenance of the OLDS and,
in the event the septage hauler fails or refuses to do so, shall file
a copy of the manifest with the Township.
[Added 12-9-2013 by Ord. No. 206-2013]
Any person who transfers a lot containing an OLDS shall provide
the new owner with all records concerning the maintenance of the OLDS
and shall demonstrate compliance with this article. Each person who
transfers a lot containing a nonstandard system shall additionally
provide the new owner will all manuals and information provided by
the manufacturer of the nonstandard system.
[Added 12-9-2013 by Ord. No. 206-2013]
All septage haulers operating within the Township shall register
with the Township and shall comply will all reporting requirements
established by the Township. A septage hauler may register by completing
the registration form and filing the completed registration form with
the Township.
[Added 12-9-2013 by Ord. No. 206-2013]
All septage originating within the Township shall be disposed
of at sites or facilities approved by the Department. Approved sites
or facilities may include the following: septage treatment facilities,
wastewater treatment plants, composting sites, and approved farm lands.
Septage 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 through 6018.1003).
