[Ord. 334, 1/5/2009; as amended by Ord. No. 390, 12/22/2020]
North Strabane Township reaffirms delegation of Act 537, and
all ordinances governing any aspects of on lot sewage collection,
treatment and discharge within the Township to the Washington County
Sewage Council.
[Ord. 334, 1/5/2009]
As used in this Part 7, the following terms shall have the meanings
indicated:
The Act of January 24, 1966, P.L. 1535, as amended, 53 P.S. §
750.1 et seq., known as the “Pennsylvania Sewage Facilities
Act.”
Any on-lot sewage system so designated as an alternate type
by the Department of Environmental Protection.
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 the specified limits as the agent
of the municipality to carry out the provisions of this Part 7.
The Board of Supervisors, North Strabane Township, Washington
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 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.
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 the commonwealth.
The condition which occurs when an on-lot sewage disposal
system 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 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.
Any time the municipality's certified sewage enforcement
officer determines a parcel or lot as having marginal soils after
properly testing said parcel or lot.
North Strabane Township, Washington County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the municipality and approved by the
Department of Environmental Resources, as described in and required
by the Pennsylvania Sewage Facilities Act.
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, including but not limited to drip irrigation
systems, AB out systems, small stream discharge systems, community
on-lot systems and any other currently DEP-approved sewage disposal
systems or systems which may be approved by the DEP in the future,
it being the intent of this Part 7 to address all such 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 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 sewage disposal system.
A portion of a lot or a developed property, sized to allow
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 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 substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation, or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Stream Law," as amended.
The designated official of the municipality 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, which includes the WCSC/Council.
Any area(s) of the Township for which a sewage management
program is recommended by the Township's adopted Act 537 Plan. A sewage
management district may or may not encompass the entire Township.
[Amended by Ord. No. 390, 12/22/2020]
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part 7 and other administrative
requirements adopted by the municipality to effectively enforce and
administer this Part 7.
The Washington County Sewage Council, an intergovernmental
cooperative organization which provides certain services to member
municipalities.
[Amended by Ord. No. 390, 12/22/2020]
[Ord. 334, 1/5/2009; as amended by Ord. No. 390, 12/22/2020]
From the effective date of this Part, its provisions shall apply
throughout the Township.
[Ord. 334, 1/5/2009]
1.
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.
2.
No permit shall be issued for any proposed on-lot sewage disposal
system on any newly created or subdivided property in any sewage management
district that has any lots designated as marginal soils unless and
until a replacement area is approved, identified and reserved for
the lots with the marginal soils designation. The replacement area
must be identified on the land survey at the time of subdivision approval.
[Ord. 334, 1/5/2009; as amended by Ord. No. 390, 12/22/2020]
1.
This section shall only apply when the Township, its agents or assigns
amend the Official Sewage Facilities Plan and is only applicable to
the area(s) affected by such plan revision.
A.
Any on-lot sewage disposal system may be inspected by the Township's
authorized agent at any reasonable time.
B.
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, other ground water sources,
the sampling of the contents of 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 the wastewater generated in the structure.
C.
The municipality's authorized agent shall have the right to
enter upon land for purpose of inspection described above.
D.
An initial inspection shall be conducted by the Township's authorized
agent within one year of the effective date of this Part for the purposes
of determining the type and functional status of each on-lot sewage
disposal system in the sewage management district. A written report
shall be furnished to the owner of each property as evidence of the
inspection. A copy of the report shall be maintained in the Township's
records.
E.
A schedule of routine inspections may be established by the Township,
if necessary, to assure the proper function of the on-lot sewage disposal
systems in the sewage management district.
F.
The Township and its authorized agent shall inspect systems known
(or alleged) to be malfunctioning. Should said inspections reveal
a malfunction, the Township and its authorized agent shall take action
to require the malfunction be corrected and proof thereof provided.
In the event complete correction is not technically or financially
feasible in the sole opinion of the authorized agent and DEP, then
action to mitigate the malfunction shall be permitted.
G.
In the event there are geographic areas within the Township where
numerous on-lot sewage systems are malfunctioning, a resolution of
these area specific problems may require a detailed revision to the
Act 537 Plan. Mandatory repair or replacement of individual malfunctioning
systems may be delayed at the sole discretion of the Township, pending
the outcome of the plan revision process. However, immediate corrective
action may be required whenever a malfunction is determined to present
a serious public health and/or environmental threat.
[Ord. 334, 1/5/2009; as amended by Ord. No. 390, 12/22/2020]
1.
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; and
B.
Automobile oil and other nondomestic oil or related products; and
C.
Toxic or hazardous substances or chemicals, including but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents; or
D.
Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps, French drains or similar.
[Ord. 334, 1/5/2009; as amended by Ord. No. 390, 12/22/2020]
1.
The provisions of this Part 7 are not applicable to conventional
leechfield and sand mound sewage systems.
2.
The provisions contained herein are applicable to all new and alternate
systems currently listed in the DEP Alternate Systems Guidance Manual
as well as other alternate on-lot systems subsequently approved by
the PA DEP.
3.
The provisions contained herein are applicable to community on- lot
disposal systems, small stream discharge systems and holding tanks.
4.
The provisions contained herein are applicable to on-lot disposal
systems located within subdivisions with marginal soil conditions
for long term use of on-lot sewage disposal..
5.
The Township and/or if agreed to in writing Washington County Sewage
Council (WCSC) shall prepare and approve by resolution, rules, regulations
and requirements for on-lot sewage disposal systems applicable to
this Part, including permitting approval and maintenance of said systems.
6.
In order for a permit to be issued for a new on-lot sewage disposal
system covered by this Part, the property owner must post a Township
and in the amount set by the Township at the time the permit is to
be issued.
[Ord. 334, 1/5/2009; as amended by Ord. No. 390, 12/22/2020]
1.
Any person failing to comply with any provisions of this Part shall
be subject to a fine of not less than $300, not more than $500 plus
costs, including all costs incurred by the Township to enforce the
provisions herein, including reasonable engineer and attorney fees.
In default thereof, any individual found guilty shall be confined
in the county jail for a period of not more than 30 days. Each day
of noncompliance shall constitute a separate offence.
2.
The penalty for actual malfunctions of any on-lot sewage disposal
system will come under the rules and regulations of the Pennsylvania
Code, Title 73, Section 73.11(c), and the Pennsylvania Consolidated
Statutes (Health and Safety) Title 35, Section 150.14, Nuisance, and
Title 35, Section 750.13, Penalties.
