[Ord. 2009-5, 5/7/2009, § 1]
The name of this Part shall be the "Upper Macungie Township
On-Lot Sewage Disposal Ordinance."
[Ord. 2009-5, 5/7/2009, § 2]
The words and terms, when used in this Part, have the identical
meanings as those found in The Pennsylvania Sewage Facilities Act
(35 P.S. §§ 750.1 through 750.20) and the rules and
regulation promulgated thereunder unless the context clearly indicates
otherwise.
[Ord. 2009-5, 5/7/2009, § 3]
1. The Board of Supervisors of Upper Macungie Township shall annually
appoint a primary and alternate Sewage Enforcement Officer(s) as it
deems necessary to administer Act 537 and the regulations promulgated
thereunder.
2. All municipal Sewage Enforcement Officers shall abide by the standards
of conduct specified in Chapters 71, 72 and 73 of the Department's
Regulations. Violation of any of these standards shall be grounds
for dismissal by the Board.
[Ord. 2009-5, 5/7/2009, § 4]
1. The installation of any treatment tank, subsurface absorption area
or any holding tank constitutes either the installation of an individual
or a community sewage system and requires a permit prior to beginning
the installation of the system or beginning the construction, installation
or occupancy of any building or buildings for which such a system
will be installed. The installation of an individual or community
sewage system shall include the repair, replacement or enlargement
of any treatment tank, subsurface absorption area, or holding tank,
or any piping connecting the same. A permit shall be required regardless
of the acreage of the tract on which the individual or community sewage
system is to be installed or repaired.
2. The Board will issue, deny and revoke permits only by and through
its municipal Sewage Enforcement Officer(s).
3. If construction or installation of an individual or community sewage
system and of any building or structure for which such system is to
be installed has not commenced within three years after the issuance
of a permit for such system, the said permit shall expire. A new permit
shall be obtained prior to the commencement of said construction or
installation.
4. Construction of a new sewage system for a newly occupied building
will be known as a "new sewage system" for the purposes of this Part.
The repair or replacement of an existing on-lot sewage disposal system
for a structure which is occupied at the time of the application for
permit issuance shall be known as a "repair sewage system" for the
purposes of this Part.
5. The minimum isolation distances prescribed in this Part shall be
the same as those indicated in the Department Regulations.
6. All on-lot sewage disposal systems shall be constructed and/or installed
in strict accordance with the requirements in Chapters 71, 72 and
73 of Title 25 of the Pennsylvania Department of Environmental Protection
Rules and Regulations and the requirements of this Part, whichever
are more restrictive.
[Ord. 2009-5, 5/7/2009, § 5]
1. Application for a permit shall be made by the property owner to the
municipal Sewage Enforcement Officer or to the Township Secretary
and forwarded to the Sewage Enforcement Officer prior to the commencement
of construction of any such system or of any building for which such
a system is to be installed.
2. Form.
A. The application shall contain the following:
(1)
The information found on the application form ER-BWQ-290 prescribed
by the Department.
(2)
Such further information as may be required by the municipal
Sewage Enforcement Officer to ensure that the proposed action complies
with the regulations promulgated by the Department.
B. Application forms may be obtained from the municipal Sewage Enforcement
Officer or Township Secretary.
3. When the municipal Sewage Enforcement Officer has found an application
incomplete, or the municipal Sewage Enforcement Officer is unable
to verify the information submitted, the applicant shall be notified
in writing within seven days, and the time for acting thereon shall
be extended 15 days beyond the date of receipt of adequate supplementary
or amendatory data.
4. Applications for permits for new sewage systems which are not consistent
with the Official Plan of Upper Macungie Township shall be denied.
5. New Sewage Systems. For new systems, the application and review process
consists of the following four stages: preliminary stage; site evaluation
stage; system design stage; and final inspection stage.
A. In the preliminary stage, the applicant obtains a copy of form ER-BWQ-290
from the municipal Sewage Enforcement Officer or Township Secretary,
completes Part 1 of the form, and submits it along with the appropriate
permit fee to the municipal Sewage Enforcement Officer or the Township
Secretary. The municipal Sewage Enforcement Officer reviews Part 1
and an on-site evaluation is scheduled at a mutually agreed time.
B. In the site evaluation stage, the municipal Sewage Enforcement Officer
observes the soil test pits, percolation tests and slope measurements
and completes Part IV of the application. It shall be the responsibility
of the applicant to prepare the site for inspection, including the
digging of a minimum of one soil test pit, or in accordance with current
DEP policy, at a maximum depth of seven feet, in accordance with Pa.
Code Title 25, § 73.14; any general clearing of the site
necessary to make slope measurements; and arranging for the preparation
and testing of a minimum of one percolation test for both primary
and secondary absorption areas, as appropriate, in accordance Pa.
Code Title 25, § 73.15. After the site evaluation stage,
the applicant will be notified if the site is suitable or receive
a letter of permit denial if it is not. The applicant may request
the municipal Sewage Enforcement Officer to conduct the required percolation
test. In this case, permit fee shall be in accordance with the Township
Fee Schedule.
C. The system design stage involves the completion of Parts II and III
of the application form by the applicant.
(1)
All application information and designs must be to scale and
locate all the key components with respect to two intervisable markers
in a neat and legible manner and must show the following:
(a)
All information required under Part III of the application.
(b)
All test pits and percolation tests (pass or fail).
(c)
Alternate absorption area location, as appropriate.
(d)
Location and width of all rights-of-way, easements, building
restriction lines, including any limitations on their use.
(e)
Existing and proposed contour lines at two-foot intervals derived
from a field survey or taken from an approval subdivision plan. Contours
taken from USGS mapping are unacceptable.
(f)
Spot elevations for the following:
1)
First-floor elevation of any structure.
2)
Elevation at each corner and high point of the proposed absorption
area. If an elevated sand or an at-grade absorption area is required,
the existing grades of each corner of the toe of berm shall also be
shown.
3)
Elevation of existing grade at the proposed septic tank, and
pump tank or lift station, if required.
(g)
All on-lot stormwater management facilities, including but not
limited to all underground piping, infiltration bed, etc.
(h)
The location of all items required in Subsection 5C(1)(f)2)
and 3) and dimensions to two intervisable permanent markers.
(i)
All above items shall be staked in the field and protected by
safety fencing prior to permit issuance and shall remain undisturbed
and protected until a final certificate of occupancy is issued. The
replacement area shall be protected and undisturbed until the replacement
area is installed.
(2)
The municipal Sewage Enforcement Officer may provide advice
and assistance, but the system design shall be the responsibility
of the applicant.
D. When the municipal Sewage Enforcement Officer has determined that
the application is complete and meets the requirements of Chapters
71, 72 and Chapter 73 of the Department's Regulations and this Part,
a permit shall be issued.
E. Permits shall be issued or denied by the municipal Sewage Enforcement Officer in writing within seven days after receiving a complete application for permit, except as shown in Subsection
3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
6. Repair sewage systems. For repair sewage systems, the application
and review process consists of the following four stages: preliminary
stage; site evaluation stage; system design stage; final inspection
stage.
A. Preliminary stage: see Subsection
5A.
B. In the site evaluation stage, the municipal Sewage Enforcement Officer may require and observe soil test pits, percolation tests and/or slope measurements, and shall complete Part IV of the application. For repairing sewage systems, this soils evaluation is not always required, but will be required if additional absorption area is required. If percolation tests are performed, the procedure may follow the procedure outlined in Subsection
5B
C. System design stage: see Subsection
5C.
E. Permits shall be issued or denied by the municipal Sewage Enforcement Officer in writing within seven days after receiving a complete application for permit, except as shown in Subsection
3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
7. General Department Requirements.
A. Any application for a permit for an individual or community sewage
system where a license, certificate or registration or permit is required
from the Department under its regulations shall receive the concurrence
of the Department in writing prior to its issuance by the municipal
Sewage Enforcement Officer.
B. Any application for a permit for an experimental, individual or community
sewage system shall receive the concurrence of the Department in writing
prior to its issuance by the municipal Sewage Enforcement Officer.
Experimental sewage systems shall be subject to the requirements specified
in Chapter 73 of the Department's Regulations.
8. Inspections.
A. Prior to any earth disturbance for the installation of the permitted
on-lot sewage disposal system, the applicant and/or contractor for
the applicant must contact the Sewage Enforcement Officer to arrange
for a preconstruction meeting at the site. The location of all items
required in Subsection 5C(1)(f)2) and 3) and the replacement absorption
area shall be staked at the time of the meeting. Any changes in the
physical conditions of the lands of either the primary or replacement
absorption area may result in revocation of the permit or the requirement
to conduct additional soil testing.
B. In the final inspection stage, the applicant notifies the municipal
Sewage Enforcement Officer when the installation is complete and ready
for inspection or reinspection. The applicant may request additional
inspections required to facilitate construction at the site. Fees
for the additional inspections shall be in accordance with the approved
fee schedule.
C. No part of any installation shall be covered nor, in the case of
new systems, shall the building for which it is intended be occupied,
until it is inspected and given final written approval by the municipal
Sewage Enforcement Officer. The exception is that the applicant may
cover the installation in absence of written approval or disapproval,
at the expiration of 72 hours, excepting weekends and holidays, from
the date the municipal Sewage Enforcement Officer receives the notice
to inspect. For purposes of determining the above time limit, the
request shall be made in writing and validated by the Township Secretary.
The municipal Sewage Enforcement Officer may by order require an installation
to be uncovered at the expense of the applicant, if the installation
was covered contrary to the provisions of this Section.
D. Elevated Sand Beds, Elevated Sand Trenches, and At-Grade Beds.
(1)
First notification upon completion of scarification of system
site.
(2)
Second notification upon completion of placement of sand or
stone.
(3)
Final inspection upon completion of all piping and permanent
installation of pump and alarm.
[Ord. 2009-5, 5/7/2009, § 6]
1. All fees paid under this section shall be made payable to Upper Macungie
Township and shall be in the form of either checks or money orders.
These fees shall be submitted to the Township Secretary. The application
fee portion of the individual permit shall be nonrefundable after
being paid.
2. New system fees and repair system fees as well as any other fees
made or required pursuant to this Part shall be as set forth in a
resolution passed by separate action of the Board of Supervisors of
Upper Macungie Township, as amended, which is attached hereto and
made a part of this Part and marked Exhibit A. The Township may adjust these fees and charges from time
to time by amending resolutions. No increase in rates, charges or
fees may be made except as authorized by the Township after a public
notice for such increase is given and interested parties have been
afforded an opportunity to comment thereon. All rates, fees and charges
shall be reasonable, compensatory and nondiscriminatory.
[Ord. 2009-5, 5/7/2009, § 7]
1. A permit shall be revoked by the municipal Sewage Enforcement Officer
at any time for any one or more of the following reasons, which shall
be incorporated into the notice of revocation:
A. When any change which has occurred in the physical conditions of
any lands which will materially affect the operations of any individual
or community sewage disposal system covered by any permit issued by
the municipal Sewage Enforcement Officer under the provisions of Chapter
72 of the Department's Regulations;
B. When one or more tests material to the issuance of the permit have
not been properly conducted;
C. When information material to the issuance of the permit has been
falsified;
D. When the original decision of the municipal Sewage Enforcement Officer
otherwise failed to conform with the provisions of the Act and the
Department's Regulations;
E. When the permittee has violated the provisions of Chapter 71, 72
or 73 of the Department's Regulations or any provisions of this Part;
or
F. When the inspection reveals that the installation of the system,
water supply location or the underlying soil or geologic conditions
differ from those stated in the application.
2. Revocation of a permit becomes effective after the applicant receives written notice and the ten-day opportunity to request a hearing under the terms of Subsection
2 of §
18-608 has elapsed.
3. Upon receipt of written notice of revocation, no further construction
of either the system or the building for which it is intended shall
take place until the permit has been reinstated in writing.
4. A permit which has been revoked under this section will not be reinstated.
A new permit must be applied for and all regulations in place at the
time of the application must be addressed prior to receiving a permit
to utilize the currently unpermitted existing system.
[Ord. 2009-5, 5/7/2009, § 8]
1. Upon receipt by the applicant of a notice of denial of a permit,
the applicant may request, in writing, within 10 days of receipt of
said notice, a hearing before the Upper Macungie Township Board of
Supervisors. The Board shall hold a hearing within 30 days after receipt
of such a request. The Department shall be notified of the hearing
by the Board.
2. Revocation of permits shall occur only after written notice and 10
days' opportunity to request a hearing have been granted to the permittee.
The Board shall hold a hearing within 30 days after receipt of such
a request. The Department shall be notified of the hearing by the
Board.
[Ord. 2009-5, 5/7/2009, § 9]
Although this Part is intended to provide guidelines for the
proper installation and design of on-lot sewage disposal systems,
nothing contained herein should be interpreted as a guarantee to the
applicants that systems designed and installed under the provisions
of this Part will function as intended. Uncontrollable variables,
such as undefined soil characteristics, actual water usage and material
or construction inadequacies, may cause a system malfunction, even
though the general guidelines of the State Department of Environmental
Protection and this Part are followed.
[Ord. 2009-5, 5/7/2009, § 10]
1. Any person who shall be found to be discharging untreated or partially
treated sewage to the surface of the ground or to waters of the commonwealth
shall be deemed to be creating a nuisance and, upon written notice,
shall be required to repair his or her sewage system to eliminate
such nuisance. A thirty-day limitation for the satisfactory repair
of the system shall be respected.
2. Any person who shall violate any of the provisions of this Part,
or the rules and regulations of standards promulgated hereunder, or
who resists or interferes with any officer, agent or employee of Upper
Macungie Township shall, upon conviction thereof, in a summary proceeding
before any justice of the peace, alderman or magistrate, be sentenced
to pay a fine of not less than $100 and costs, and not more than $300
and costs, to be paid to Upper Macungie Township or, in default thereof,
shall be sentenced to a term of not more than 30 days and shall be
required to rectify the violation if such violation is causing or
could cause pollution of a health hazard.
[Ord. 2009-5, 5/7/2009, § 11]
1. Testing shall be conducted in accordance with the requirements of §
18-605 of this Part for all subdivisions and land developments proposing on-lot sewage disposal as part of the official plan revision planning process.
2. For nonresidential uses and subdivisions involving more than 10 residential
lots or dwelling units, the developer shall contact the Department
of Environmental Protection via Sewage Facilities Planning Module
Application Mailer (DEP postcard), which may be obtained from the
Sewage Enforcement Officer.
3. Prior to initiating testing, the developer shall provide a sketch
plan indicating proposed lot layout and shall have adequate field
survey points set to conduct testing, respecting appropriate isolation
distances from lot lines, casements, etc. Any additional testing shall
be marked in the same manner.
4. The developer shall set up appropriate escrows, prior to testing.
5. Plans must be provided as supporting documentation to a request for
approval of an official plan revision, and these plans shall show
all data required by the Department and shall show among other things:
A. Proposed and existing building structures;
B. Location of soil probes and percolation tests, whether passing or
failing;
C. Proposed or existing water supplies or wells;
D. Location of all existing and proposed street and right-of-way lines;
E. Existing and proposed lot lines;
F. Existing and proposed primary on-lot absorption areas and alternate
locations (as appropriate); and
G. All information as prescribed in the Sewage Facilities Planning Module
plot plan requirements.
6. The plans shall show all tested primary and alternate absorption
areas sufficient to illustrate that such systems can be placed while
maintaining required isolation distances.
7. The applicant requesting that the Township consider an official plan
revision shall be responsible for completion of the appropriate components
of the Department Sewage Facilities Planning Module and for providing
the required testing, supporting plans and other data. The module
will be reviewed and approved or denied in accordance with the procedures
specified in Chapter 71 of the Department's Regulations.