Township of Shirley, PA Sewers and Sewage Disposal

No person shall place or deposit or permit to be placed or deposited upon public or private property within this Township any sanitary sewage or industrial wastes in violation of Subsection A.

No person shall discharge or permit to be discharged to any natural outlet within this Township any sanitary sewage or industrial wastes in violation of Subsection A, except where suitable treatment has been provided which is satisfactory to this Township.

Maintenance of privy vaults, cesspools, sinkholes, septic tanks and similar receptacles unlawful; abandonment.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or maintained at any time upon any improved property which has been connected to a sewer or which shall be required under Subsection A to be connected to a sewer.

Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Township, shall be cleansed and filled at the expense of the owner of such improved property and under the direction and supervision of this Township; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Township, cleansed and filled, shall constitute a nuisance, and such nuisance may be abated as provided by law, at the expense of the owner of such improved property.

No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.

The notice by this Township to make a connection to a sewer, referred to in Subsection A, shall consist of a copy of this article, including any amendments at the time in effect, and a written or printed document requiring such connection in accordance with the provisions of this article and specifying that such connection shall be made within 60 days from the date such notice is given. Such notice may be given at any time after a sewer is in place which can receive and convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner either by personal service or by registered mail or by such other method as at the time may be provided by law.

§ 210-3 Building sewers and connections.

Except as otherwise provided in this Subsection A, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of this Township and the Authority, in writing, shall have been secured.

All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless this Township and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.

A building sewer shall be connected to a sewer at the place designated by the Authority and where the lateral is provided. The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made, and the connection of a building sewer to the lateral shall be made secure and watertight.

If the owner of any improved property located in this Township and accessible to and whose principal building is within 150 feet of the sewer system, after 60 days' notice from this Township, in accordance with § 210-2A, shall fail to connect such improved property, as required, this Township may make such connection and may collect from such owner the costs and expenses thereof. In such case, this Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the construction of such connection to the owner of the improved property to which connection has been so made, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such improved property to pay said bill, this Township shall file a municipal lien for said construction within six months of the date of the completion of the construction of said connection, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.

§ 210-4 Rules and regulations governing building sewers and connections to sewers.

Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such house sewer line, as a building sewer.

No building sewer shall be covered until it has been inspected and approved by this Township and the Authority. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to a sewer.

Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.

Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and all other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to the Township.

If any person shall fail or refuse, upon receipt of a notice from this Township or the Authority, in writing, to remedy any unsatisfactory conditions with respect to a building sewer, within 60 days of receipt of such notice, this Township or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory conditions shall have been remedied to the satisfaction of this Township and the Authority.

This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as a part of this article.

§ 210-5 Nuisance.

[Added 1-28-2016 by Ord. No. 2016-1[1]]

The discharge of untreated or partially treated sewage to the surface of the ground or into the waters of this commonwealth, except as specifically approved by the Pennsylvania Department of Environmental Protection, or successor agency, under §§ 202 and 207 of the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," (35 P.S. § 691.202; 35 P.S. § 691.207) or permitted by the Township of Shirley pursuant to § 7.3 of the Pennsylvania Sewage Facilities Act (35 P.S. § 750.7c), shall constitute a nuisance and shall be abatable in the manner provided by law.

Editor's Note: Pursuant to this ordinance, former § 210-5, Violations and penalties; enforcement, was renumbered as § 210-6.2.

§ 210-6 Declaration of nuisance.

[Added 1-28-2016 by Ord. No. 2016-1[1]]

Any condition as defined in § 210-5, above, is hereby declared to be a public nuisance which may be abated as provided in this chapter.

Editor's Note: Pursuant to this ordinance, former § 210-6, Declaration of purpose, was renumbered as § 210-6.4.

§ 210-6.1 Abatement of nuisance.

[Added 1-28-2016 by Ord. No. 2016-1]

Declaration of nuisance. The Authority shall have the power, as a body, by committee or by any of its officers or employees, to enter upon any premises at any time to investigate any condition defined herein. After investigation, said condition, if applicable, shall be declared a nuisance.

Orders to abate. The Authority shall have the power to order that such nuisance be abated or shall act to abate said nuisance, as the cause may require, in accordance with the procedures set forth below.

Nonemergency abatement procedure.

After complaint or on its own motion, the Authority shall make a finding that a nonemergency nuisance exists. The Authority must serve its notice to abate and order to correct as set forth in Subsection C(2), below.

The Board of the Authority shall cause a written notice to abate and order to correct to be served, by one authorized so to do, upon the owner and the occupant of the property, in one of the following manners:

By making personal service or delivery of the notice and order to correct to the owner and, if applicable, to the occupant of the premises; or

By handing a copy:

At the residence of the owner to the owner and, if applicable, to the occupant, to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or to an adult person in charge of the property where the condition is located; or

[2]

At the residence of the owner to the clerk or manager of the hotel, inn, apartment house, boardinghouse or other place of lodging at which he resides; or

[3]

At any office or usual place of business of the owner or his agent or to the person for the time being in charge thereof; or

By mailing a copy of the notice and order to correct to the last known address of the owner as set forth in the tax records of Huntingdon County, Pennsylvania, and, if applicable, to the occupant, by certified mail, return receipt requested, restricted delivery, and concomitantly mailing a copy of said notice by U.S. first-class mail, as evidenced by a U.S. postal certificate of mailing.

Subsection C(2)(a) through (c) above are alternative methods of service and are not intended to be preferential in the order of their numbering.

(e)

If the certified mail, return receipt requested, restricted delivery and the U.S. first-class mail are both returned by the postal authorities, and, if service cannot reasonably and expeditiously be made in any other manner under Subsection C(2)(a) through (c), service shall be made by posting a copy of the notice and order to correct in a conspicuous place visible to the public and to any owner or occupant of the property, on the property which is the subject of or is the property affected by the notice and order to correct.

Order to correct. Such notice shall contain an order to correct, which shall include:

A description sufficient to identify the condition and the location of the condition; and

An order to correct to such owner or occupant to take action to correct the condition within a specified time no less than within 20 days after the date of the notice and order to correct and, thereafter, to comply fully with the terms of the notice and order to correct with reasonable dispatch as is deemed necessary by the Authority to correct the condition under the circumstances; and

A warning substantially to the effect that if the condition is not corrected within the time fixed in the order to correct, the failure to correct the condition could result in the condition being abated by the Authority as a public nuisance at the cost and expense of the owner of the property; and

Both the owner and the occupant of a premises/property shall be responsible for carrying out or complying with the order to correct.

Should the owner or agent or occupant liable fail to abate said nuisance, the Authority may then abate the nuisance and charge the costs thereof to the owner of the premises.

Emergency abatement procedure.

Notwithstanding any of the above provisions, when an emergency situation exists which, in the opinion of the Authority, may cause an immediate danger to public health, safety and welfare, including an immediate danger to the sanitary sewer system, the Authority may immediately act to abate the nuisance in order to protect the public health, safety and welfare. As soon as practicable, the Authority shall notify the owner or other responsible party, detailing the work required. If practical, the Authority may meet with the owner or responsible party to detail the nature of the nuisance and the scope of the work and the costs involved to so abate the nuisance. In this emergency situation, said notification shall be deemed acceptable notice of the nuisance.

After said notification, the owner or responsible party shall have the opportunity to appeal the finding of the nuisance and the extent of the work to the Board of the Shirley Township General Authority within 30 days. In order to so appeal, the owner or responsible party must timely notify the Authority, in writing, of his intent to appeal. After receiving such notice, the Authority shall schedule a hearing before the Board or any committee thereof. Within 10 days of the hearing, the Board shall certify its findings to the owner or other responsible party. If the owner or responsible party elects to appeal, no enforcement or collection actions, including but not limited to filing of municipal liens or suits at law or equity, shall be filed until the Board certifies its findings to the owner or other responsible party. However, any such appeal shall not stay or prevent the Authority from taking such actions necessary and appropriate to abate the nuisance to protect the public health, safety and welfare from the immediate danger.

Costs of abatement. Notice of the costs of the abatement and a request to make payment within 30 days of the date thereof shall be sent or given to the owner. Upon failure of the owner to pay the cost thereof after notice to the owner and a request for payment, the Authority may collect the cost thereof by the filing of a municipal claim in the manner provided by law for the collection of municipal claims. If payment is not forthcoming upon request to the owner therefor by the Authority, the Authority shall certify the expenses incurred in abating any nuisance to the Authority's Solicitor, who shall collect or lien the same in the manner currently now provided for municipal claims, together with interest at a rate 10% per annum, together with reasonable attorneys' fees at the rate determined by resolution of the Authority adopted from time to time in accordance with Pennsylvania Municipal Claims and Liens Law, 53 P.S. § 7106. Additionally, the costs may also be collected by an action in assumpsit (a civil action).

§ 210-6.2 Violations and penalties; enforcement.

[Amended 3-7-2008 by Ord. No. 2008-1; 1-28-2016 by Ord. No. 2016-1]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.

§ 210-6.3 Remedies or penalties not exclusive.

[Added 1-28-2016 by Ord. No. 2016-1]

The imposition of the remedies or penalties herein prescribed are not exclusive, but, on the contrary, they are cumulative and the exercise of one remedy or penalty shall not preclude the Authority and, as applicable, the Township, from instituting an appropriate action, in law or equity, or taking appropriate legal or equitable action under this article or otherwise, to restrain, correct or abate the nuisance or violation and/or stop any illegal act or conduct.

§ 210-6.4 Declaration of purpose.

It is declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township.

Article II On-lot Subsurface Sewage Disposal Facilities; Holding Tanks

[Adopted 12-30-2002 by Ord. No. 2002-3[1]]

SEWAGE ENFORCEMENT OFFICER

Editor's Note: This ordinance also repealed former Art. II, Holding Tanks, adopted 7-29-1991 by Ord. No. 2-1991, as amended.

§ 210-7 Introduction and purpose.

As an attempt to protect the waters and soils of Shirley Township from contamination by untreated sewage wastes, and to protect the health of all citizens of Shirley Township, the Board of Supervisors has adopted and will enforce this article (Ordinance No. 2002-3). The purpose of this article is threefold:

To bring, and keep, Shirley Township within the requirements of the Clean Streams Law (Act of 1937, P.L. 1987, No. 394) and the Pennsylvania Sewage Facilities Act (Act of 1965 P.L. 1535, No. 537, as amended, known as Act 537). As mandated by Shirley Township Codes, the Clean Streams Law (35 P.S. § 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.), Shirley Township has the power and the duty to provide for adequate sewage treatment facilities and for the protection of public health by preventing the discharge of untreated or inadequately treated sewage.

To provide for inspection, pumping, maintenance and rehabilitation of private and public on-lot sewage disposal systems when determined necessary by the Township, or its authorized agent; to further permit Shirley Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.

To provide for environmentally sound disposal sites for treated and untreated solids and scum from septic tanks; holding tank wastes; and treated sludge from wastewater treatment facilities.

To provide and establish procedures for the use and maintenance of existing and new privies designed to receive and retain sewage whether from residential or commercial uses.

To provide and establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage whether from residential or commercial uses.

§ 210-8 Definitions.

The following definitions shall apply for the various terms throughout this article:

ABSORPTION AREA

A component of an individual or community sewage system where liquid from a treatment tank seeps into the soil; it consists of an aggregate-filled area containing piping for the distribution of liquid and the soil or sand/soil combination located beneath the aggregate.

ACT

The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1 to 750.20).

AGENCY

The Board of Supervisors of Shirley Township, Huntingdon County, Pennsylvania.

AUTHORITY

The Board of Supervisors of Shirley Township, Huntingdon County, Pennsylvania.

AUTHORIZED AGENT

A Township employee, or consultant, designated to perform a specific task for Shirley Township (Sewage Enforcement Officer, Codes Enforcement Officer, etc.). An authorized agent designated to perform a certain duty shall be familiar with that duty and competent to perform the duty. Depending on the duty, he or she may also need to be certified and/or licensed.

BUILDING SEWER

Piping carrying liquid wastes from a building to the treatment tank or holding tank.

CLEAN STREAMS LAW

The Clean Streams Law (35 P.S. §§ 691.1 to 691.1001).

DEPARTMENT

The Department of Environmental Protection of the commonwealth.

HOLDING TANK

A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.

IMPROVED PROPERTY

Any property within Shirley Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.

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 waters of this commonwealth or by means of conveyance to another site for final disposal.

LIMITING ZONE

A soil horizon or condition in the soil profile or underlying strata which includes one of the following:

A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil mottling.

A rock with open joints, fracture or solution channels, or masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.

A rock formation, other stratum or soil condition which is so slowly permeable that it effectively limits downward passage of effluent.

LOCAL AGENCY

Shirley Township (or any combination of townships acting cooperatively or jointly under the laws of the commonwealth), county, county department of health or joint county department of health.

LOT

A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which should not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for commercial, institutional or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage flows.

MUNICIPALITY

The Township of Shirley, Huntingdon County, Pennsylvania.

OFFICIAL PLAN

A comprehensive plan for the provision of adequate sewage systems, adopted by Shirley Township or townships possessing authority or jurisdiction over the provision of the systems, and submitted to, and approved by, the Department as provided by the act, and this article.

OFFICIAL PLAN REVISION

A change in the Shirley Township's Official Plan to provide for additional or newly identified or existing sewage facilities needs, which may include but not limited to:

UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or Shirley Township determines the Official Plan or its parts is inadequate for the existing or future sewage facilities needs of Shirley Township or its residents or landowners.

REVISION FOR NEW LAND DEVELOPMENTA revision to Shirley Township's Official Plan resulting from a proposed subdivision as defined in the act.

SPECIAL STUDYA study, survey, investigation, inquiry, research, report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.

OWNER

Any person as hereinafter defined, vested with ownership, legal or equitable, sole or partial, or any property located within Shirley Township.

PERSON

A individual, association, public or private corporations for-profit or not-for-profit, partnership, firm, trust, estate, department, board, bureau or agency of the United States, commonwealth, political subdivision, Shirley Township, district, authority or another legal entity which is recognized by law as the subject of rights and duties. The term includes the members of an association, partnership or firm and the officers of a local agency or township, public or private corporation for-profit or not-for-profit.

PRIVY

A watertight receptacle, whether permanent or temporary, which receives and retains sewage where water under pressure or piped wastewater is not available, and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.

SEWAGE

A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or the animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under the Clean Stream Law.[1]

The official of the local agency who issues permits, reviews permit applications and sewage facilities planning modules and conducts investigations and inspections necessary to implement the act and the regulations thereunder.

SEWAGE FACILITIES

A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste.

INDIVIDUAL SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.

INDIVIDUAL ON-LOT SEWAGE SYSTEMAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.

INDIVIDUAL SEWERAGE SYSTEMAn individual sewage system which uses a method of sewage collection conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.

COMMUNITY SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.

COMMUNITY ON-LOT SEWAGE SYSTEMA community sewage system which uses a system of piping, tanks or other facilities for collecting, treating, and disposing of sewage into a subsurface soil absorption area or retaining tank.

SEWAGE MANAGEMENT PROGRAM

COMMUNITY SEWERAGE SYSTEMA community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.

A program authorized by the official actions of Shirley Township for the administration, management and regulation of the disposal of sewage.

SOIL HORIZON

A layer of soil approximately parallel to the soil surface, the chemical and physical characteristics of which are distinguishable by observation or other method of analysis, from the chemical and physical characteristics in adjacent layers of soil.

SOIL PROFILE

The collection of soil horizons, including the natural organic layers on the surface.

SUBDIVISION

The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other division of land, including changes in existing lot line. The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom.

UNDISTURBED SOIL

Soil or soil profile, unaltered by addition-filling, removal or other man-induced changes other than agricultural activities for a minimum of four years prior to testing.

WATERS OF THIS COMMONWEALTH

Rivers, streams, creeks, rivulets, impoundment, ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs, and other bodies or channels of conveyance of surface and underground water, or of their parts, whether natural or artificial, within or on the boundaries of this commonwealth.

Editor's Note: See 35 P.S. § 691.1 et seq.

§ 210-9 Applicability.

The provisions of this article shall apply to every person owning property serviced by an on-lot sewage, or sewerage, system within Shirley Township; all persons or businesses servicing on-lot systems (constructing on-lot systems, pumping out septic tanks, repairing on-lot systems); wastewater treatment authorities and other generators of solid wastes that may be land-applied for agricultural utilization or land reclamation; and owners of land application sites accepting sludge, septage, biosolids, or other solid wastes used in a beneficial way. The provisions of this article shall also apply to every person owning property serviced by either a privy or holding tank.

§ 210-10 Sewage, privy and holding tank permit requirements.

Sewage permit requirements.

No person shall install, construct, or request bid proposals for construction or alter any 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 or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications are in compliance with the provisions of the Pennsylvania Sewage Facilities Act, Act of 1965, P.L. 1535, No. 537,[1] and the standards adopted pursuant to that Act. Application for permit shall be in writing to the local agency in accordance with the provisions of § 8 of the Sewage Facilities Act ("Act 537"), and shall be made in such form and shall include such data as the Department may prescribe.

Editor's Note: See 35 P.S. § 750.1 et seq.

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 Shirley Township Sewage Enforcement Officer (SEO). If 72 hours have elapsed, excepting Sundays and holidays, since the SEO issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the SEO.

Permits for individual sewage systems or community sewage systems shall not be issued unless the proposed system is consistent with the Township Official Plan.

Shirley Township may require applicants for sewage permits to notify Shirley Township's SEO 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 Shirley Township's SEO at the cost of the applicant.

No building or occupancy permit shall be issued by Shirley Township, its Codes Enforcement Officer (CEO) or its authorized agent for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from Shirley Township's SEO.

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 conversation will result in the increase or potential increase in sewage flows from the structure, until Shirley Township's CEO, or authorized agent, and the structure's owner receive from Shirley Township's SEO either a permit for alteration or replacement of the existing sewage disposal system or written notification that such a permit will not be required. In accordance with Chapter 73 regulations,[2] the SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.

[2]

Editor's Note: See 25 Pa. Code, Ch. 73.

(7)

Sewage permits may be issued only by a certified SEO employed by Shirley Township for that express purpose. The Department shall be notified by Shirley Township as to the identity of its currently employed SEO.

(8)

No sewage permit may be issued unless proof is provided that: the owner of record has owned the lot prior to May 15, 1972; Shirley Township has an official updated Act 537 Plan; the official Act 537 Plan has previously addressed the lot in question or a planning module for that lot has been approved by Shirley Township and the Department; and the Act 537 planning for that lot has been approved by Shirley Township.

(9)

No final Act 247 approval on a subdivision plan may begin until Act 537 planning is approved by Shirley Township and the Department.

Privy permit requirements.

Rights and privileges granted. The agency is hereby authorized and empowered to undertake within Shirley Township the control and methods of privy use, sewage disposal, and sewage collection and transportation thereof.

Rules and regulations. The agency is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.

Rules and regulations to be in conformity with applicable law. All such rules and regulations adopted by the agency shall be in conformity with the provisions herein, all other ordinances of Shirley Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

Rates and charges. The agency shall have the right and power to fix, charge and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.

Conditions of privy use.

The property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer (SEO) and that the site meets the Title 25, Chapter 73 (Standards for Sewage Disposal Facilities),[3] requirements for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped wastewater becomes available to the lot.

[3]

Editor's Note: See 25 Pa. Code, Ch. 73.

At such time that water under pressure becomes available, the property owner must remove the privy and replace the privy with an approved on-lot system.

The conditions of use described in Subsection B(5)(a) above do not apply:

To a privy to be used on a lot of record in existence prior to May 15, 1972, which is one acre or larger, and is not nor will not be served by water under pressure in the future.

[2]

To temporary use of portable retention tanks where their use is proposed at construction sites or at the site of public gatherings and entertainment.

Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.

(e)

The authority is provided the opportunity to inspect the privy for proper operation, maintenance and content disposal.

Exclusiveness of rights and privileges. The collection and transportation of all sewage from any improved property utilizing a privy shall be done solely by or under the direction and control of the agency, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.

(7)

Duties of improved property owner. The owner of an improved property that utilizes a privy shall:

Maintain the privy in conformance with this or any ordinance of Shirley Township, the provisions of any applicable law, and the rules and regulations of the agency and any administrative agency of the Commonwealth of Pennsylvania.

Permit only an agency-licensed pumper/hauler to collect, transport, and dispose of the contents therein.

Abandon the privy consistent with applicable public health and environmental standards and obtain a permit for and install an approved on-lot system meeting Chapter 73 standards[4] in the event that water under pressure or piped wastewater becomes available to the property.

[4]

Editor's Note: See 25 Pa. Code, Ch. 73.

Permit the agency to enter upon lands to inspect the privy for proper operation, maintenance and contents disposal.

Holding tank permit requirements.

Right and privileges granted. The authority is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.

Rules and regulations. The authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.

Rules and regulations to be in conformity with applicable law. All such rules and regulations adopted by the authority shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

Rates and charges. The authority shall have the right and power to fix, alter, charge and collect rates, assessments, and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.

Exclusiveness of right and privileges.

The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the authority, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Resources of the Commonwealth of Pennsylvania.

The authority will receive, review and retain pumping receipts from permitted holding tanks.

The authority will complete and retain annual inspection reports for each permitted tank.

Duties of improved property owner. The owner of an improved property that utilizes a holding tank shall:

Maintain the holding tank in conformance with this article or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the authority and any administrative agency of the Commonwealth of Pennsylvania.

Permit only the authority or its agent to inspect holding tanks on an annual basis.

Permit only an authority's authorized pumper/hauler to collect, transport and dispose of the contents therein.

§ 210-11 Ground markers.

Any person who shall install new or rehabilitated sewage systems shall provide a marker or markers at ground level locating the septic tank, dosing tank, equalization (distribution) box, absorption area and other important items which may be needed in case future maintenance, inspection or rehabilitation is required. Requirements for marker types and locations will be determined by the sewage system designer and approved by the SEO. Other requirements for sewage system construction, contained within Chapter 73 of the Pennsylvania Code,[1] shall be followed as well.

Editor's Note: See 25 Pa. Code, Ch. 73.

§ 210-12 Replacement areas.

Requirements.

After the effective date of this article, a replacement area for an individual on-lot sewage system shall be required for all lots to be created which are not serviced, or to be serviced, by a community sewerage system; did not previously have a permit issued for installation of an on-lot sewage system. Lots existing prior to the effective date of this article shall be exempt from the requirements of this section.

The replacement area provided shall comply with the regulations issued by the Department as incorporated into this article concerning individual on-lot sewage systems, including isolation distances, and with terms of this article and any other applicable Township ordinances.

Identification of replacement areas.

Each applicant who shall submit a plan for the subdivision or development of land, with marginal soils as defined in the Department's Form D, or who shall request approval of a planning module for land development or the adoption of a revision, exception to revision, or supplement to the Official Plan shall demonstrate, to the satisfaction of the SEO, that a suitable area exists on the lot or on each lot to be created for an initial individual on-lot sewage system and for the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section.

The location of the initial individual on-lot sewage system and the replacement area as confirmed by the SEO shall be identified on the plot plans and diagrams submitted as part of the permit application.

If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that Shirley Township approve a planning module or amend its Official Plan, or a request for an exemption to the revision of the Official Plan, the location of each initial on-lot sewage system and each replacement area shall be noted upon the plans. The permanent easement shall be added to the plans stating that no improvements shall be constructed upon the replacement area, and the deed to be recorded for each lot created as part of the subdivision or land development shall contain language reflecting this limitation.

Any revisions to a permit or plan affecting a replacement area which has been approved pursuant to the provisions of this article shall be reviewed for approval by the Board or its authorized representative.

Construction restrictions.

The easement for the replacement area noted upon the plan and recorded with the Huntingdon County Recorder of Deeds shall state that no permanent or temporary improvement of any character, other than shallow-rooted plant matter, shall be constructed on the replacement area.

This provision shall be enforced by Shirley Township unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area which complies with all other applicable Township ordinances exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area by this article and shall be designated as the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for the purpose of this article. The owner of the property shall file a corrective deed in the office of the Huntingdon County Recorder of Deeds showing this newly designated replacement area.

Relief from replacement area requirement.

If any lot held in single and separate ownership as of the effective date of this article does not contain land suitable for a replacement area, the applicant submitting a land development plan or a planning module for land development or desiring to install an individual on-lot sewage system may request that the Board grant an exception to the requirement of providing a replacement area. The applicant for such an exemption shall present credible evidence to the Board demonstrating proof that:

The lot was held in single and separate ownership on the effective date of this article;

The size of the lot;

Inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and

The testing conducted to determine that the lot is not suitable to provide a replacement area.

At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exemption from the terms of this article. In no case shall any lot be exempted from the requirements of § 210-12D of this article.

§ 210-13 Inspections of on-lot sewage disposal systems, privies and holding tanks.

Inspections of on-lot sewage disposal systems.

Any on-lot sewage disposal system may be inspected by Shirley Township's authorized agent at any reasonable time as of the effective date of this article providing one or more of the following:

Sufficient evidence of a potential health or safety risk has been obtained from a reliable informant;

A signed complaint has been submitted by a resident of Shirley Township;

If directed to do so by the Board of Supervisors; or

If directed to do so by the Department.

The inspection may include a physical tour of the property, the taking of samples from surface water, wells, or other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of traceable substances into the interior plumbing of the structure served (providing a responsible resident/owner, over the age of 18, is present) to ascertain the path and ultimate destination of the wastewater generated in the structure. A copy of the inspection report shall be furnished to the owner and the current resident which shall include all of the following information which is reasonably available to the individual or agency responsible for pumping the septic tank: date of inspection; name and address of the system owner; description and diagram of the location of the system including location of access hatches, risers, and markers; size of tanks and disposal fields; current occupant's name and number of users; indication of any systems malfunction observed; results of any and all soils and water tests; any remedial action required.

Shirley Township's authorized agent shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, or if no responsible resident/owner over the age of 18 is present and a serious health or safety risk is thought to exist, the following steps shall be taken:

The matter will be officially presented to at least one Township Supervisor.

The Board may schedule a review at the next scheduled meeting of the Board, or, if the situation threatens the health or safety of the residents of Shirley Township, the Board may commence an immediate procedure to obtain a search warrant from the District Justice.

Upon receipt of a search warrant to inspect the property, the authorized agent of Shirley Township shall be accompanied by an officer of the County or State Police and Shirley Township's SEO. An inspection shall be completed in accordance with this subsection.

A schedule of routine inspections may be established by Shirley Township, if necessary, to assure the proper function of the systems in Shirley Township.

Shirley Township's SEO shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that a system is malfunctioning, Shirley Township shall take the actions to make the property owner correct the malfunction. The Pennsylvania Infrastructure and Investment authority may have available low-interest 1% loans for system rehabilitation or replacement.

There may arise geographic areas within the Township where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Township-sponsored revision to that area's Official Plan. When a Department-authorized Official Plan revision has been undertaken by Shirley Township, mandatory repair or replacement of individual malfunctioning sewage disposal systems, within the study area, may be delayed at the discretion of Shirley Township's Act 537 Plan revision process. However, Shirley Township may compel immediate corrective action whenever a malfunction, as determined by Township officials and the Department, represents a serious public health or environmental threat.

Inspections of privies. Any privy may be inspected by Shirley Township's authorized agent at any reasonable time in order to ensure compliance with this article, for the proper operation, maintenance and content disposal.

Inspections of holding tanks. Any holding tank may be inspected by Shirley Township's authorized agent at any reasonable time in order to ensure compliance with this article, for the proper operation, maintenance and content disposal.

§ 210-14 Discharge prohibitions.

Only normal domestic wastes shall be discharged into any on-lot sewage systems. The following shall not be discharged into the system:

Industrial wastes.

Automobile oil and other nondomestic oil.

Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.

Clean surface- or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.

§ 210-15 Maintenance.

Any person owning a building served by an on-lot sewage disposal system shall have the septic tank pumped by a licensed pumper/hauler after the effective date of this article based on the following schedule:

Properties located in Section 1, as shown on the attached map.[1]

Editor's Note: Said map is on file in the Township offices.

Properties located in Section 2, as shown on the attached map.

Properties located in Section 3, as shown on the attached map.

Properties located in Section 4, as shown on the attached map.

Thereafter, that person shall have the tank pumped out according to Subsections B through F. Receipts for pumping/hauling services received from the pumper/hauler shall be submitted to Shirley Township as required in Subsection D.

Removal of septage or other solids from treatment tanks shall be performed once every four years or whenever an inspection program reveals the treatment tanks are filled with solids in excess of 1/3 the liquid depth of the tank or filled with scum in excess of 1/3 the liquid depth of the tank. Any person providing a receipt or other written evidence showing that his or her tank had been pumped within two years of the first year anniversary of the effective date of this article may ask Shirley Township to delay that person's initial required pumping to conform to the general four-year-frequency requirement.

The required pumping frequency may increase or decrease at the discretion of the authorized agent if the septic tank is undersized or oversized, if solid buildup in the tank is above or below average, if the hydraulic load on the system increases or decreases significantly above average, if a garbage grinder is used in the building, if the system malfunctions, or, for other good cause not shown (as determined by the SEO and the Board of Supervisors).

Pumper's report/receipt.

Each time a septic tank or other subsurface waste disposal system tank is pumped, Shirley Township, its authorized agent, or a private septage pumper/hauler, whichever provides the service, shall provide to the owner of the subsurface waste disposal system, and Shirley Township, a signed pumper's report/receipt containing at a minimum the following information:

Date of pumping.

Name and address of system owner.

Address of on-lot system, if different from owner's.

Description and diagram of the location of the tank, including the location of any markers, risers, access hatches and size of treatment tank(s).

(e)

Condition of treatment tank baffles.

(f)

Date the system was installed (estimate if necessary).

(g)

Date of last pump-out.

(h)

List of any other maintenance performed.

(i)

Any indications of system malfunction observed.

(j)

Amount of septage or other semisolid or solid material removed.

(k)

List of recommendations for repair or maintenance.

(l)

Destination of the septage (name of facility, location of land application site).