The purpose of this article is to clarify and make certain when it is necessary for a property owner in Germany Township to apply for and obtain a permit for the installation of an individual sewage system or a community sewage system.
[HISTORY: Adopted by the Board of Supervisors of the Township of Germany as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-3-1975 by Ord. No. 9]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The definitions used under this article are to have the same meaning as described in Act No. 537 P.L. 1535 (1965), as amended, Sewage Facilities Act, 35 P.S. § 750.1 et seq.
No person shall install, construct, or request bid proposals for construction, or alter an individual sewage system or community sewage system, or construct or request bids for construction or install or occupy any building or structure for which an individual sewage system or a community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with this article. A sewage permit shall be required in every instance where a person desires to install, construct, alter or change an individual or community sewage system on any tract of land any size or any location, in Germany Township, Adams County, Pennsylvania, regardless of the use of the land whether established by actual usage or zoning and specifically, this article requires the obtaining of a sewage permit on tracts of land of 10 acres or more for a rural residence.
All permits for the construction, installation, alteration, or change of an individual sewage system or community sewage system shall be obtained from the Germany Township Sewage Enforcement Officer and be subject to all the conditions that may be required by any rules and regulations adopted by the Township of Germany, County of Adams, and Commonwealth of Pennsylvania concerning the issuance of sewage permits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Board of Supervisors shall prescribe imprisonment to the extent allowed by law for the punishment of summary offenses. 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. In addition, all other actions are hereby reserved, including an action in equity brought in the Court of Common Pleas of Adams County, Pennsylvania, for the proper enforcement of this chapter.
In addition to any other remedies provided in this article, any violation of this article shall constitute a nuisance and may be abated by Germany Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
[Adopted 6-3-1991 by Ord. No. 24]
The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage for existing improved properties, whether from residential or commercial uses, where the existing on-lot septic system is malfunctioning and there are no other means of correcting such malfunction, and it is hereby 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 municipality.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
The Supervisors of Germany Township, Adams County, Pennsylvania.
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.
Any property within the 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.
The Township of Germany, Adams County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation or other group or entity.
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.
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation or any substance which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1 through 691.1001).
The governing body is hereby authorized and empowered to undertake within the Township the control and methods of holding tank and privy use, sewage disposal and sewage collection and transportation thereof.
The governing body 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.
All such rules and regulations adopted by the governing body 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.
The governing body by resolution 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.
A.
The collection and transportation of all sewage from any improved property utilizing a holding tank or privy shall be done solely by or under the direction and control of the governing body, 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.
B.
The governing body will receive, review and retain pumping receipts from permitted holding tanks.
C.
The governing body will complete and retain annual inspection reports for each permitted tank.
A.
The property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage Enforcement Officer and that the site meets the Title 25, Chapter 73 (Standards for Onlot Sewage Treatment Facilities) requirements as they may from time to time be amended for the ultimate sewage disposal by an approved on-lot system if water under pressure or piped wastewater becomes available to the lot.
B.
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.
D.
Specific conditions for use of privies shall be incorporated in the permit application and permit for the proposed use of a privy.
E.
The governing body shall have the opportunity to inspect the privy for proper operation, maintenance and content disposal.
The owner of an improved property that utilizes a holding tank or privy shall:
A.
Maintain the holding tank or privy in conformance with this chapter or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the governing body and any administrative agency of the Commonwealth of Pennsylvania.
B.
Permit the governing body or its agent to collect, transport and dispose of the contents within said holding tank or privy, or at the option of the governing body, owner shall provide to the governing body a contract with a pumper/hauler together with a contract with a sewage treatment plant that said sewage will be pumped, hauled and disposed at the sewage treatment plant. Said contracts must be approved by the governing body and the Department of Environmental Resources. In case of termination of said contracts by either entity, new contracts must be approved by the governing body and in the appropriate cases, the Department of Environmental Resources. Failure by the owner to have current valid contracts in effect to pump and dispose of sewage when holding tanks are at capacity will be considered a violation of this article.
C.
Abandon the privy consistent with applicable public health and environmental standards or other appropriate standards and obtain a permit for and install an approved on-lot system meeting Chapter 73 standards in the event that water under pressure or piped wastewater becomes available to the property.
D.
Permit the governing body or its agent to enter upon lands to inspect the privy or holding tank for proper operation, maintenance and contents disposal.
E.
The property owner must provide to the governing body the quarterly receipts from the pumper/hauler and from the owner of the sewage treatment plant that said sewage has been pumped and disposed of as stipulated in the contract. The receipts must show the date the holding tank was pumped and the amount hauled and disposed of.
F.
Water conservation plumbing fixtures must be installed in the dwelling or establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of any provision of § 138-13, 138-14 or 138-15 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 Board of Supervisors shall prescribe imprisonment to the extent allowed by law for the punishment of summary offenses. 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. In addition, the governing body shall have the right to any equitable remedies available to them, including, but not limited to, injunctions to prohibit the habitation, occupancy or use of improved property until such time that the violation ceases.
In addition to any other remedies provided in this article, any violation of § 138-15 above shall constitute a nuisance and shall be abated by the municipality or the governing body by either seeking mitigation of the nuisance; by institution of a suit or suits in equity to restrain or prevent violations of the aforesaid sections; or by seeking a mandatory preliminary injunction under the applicable provisions of the Pennsylvania Sewage Facilities Act; or by seeking other legal relief from a court of competent jurisdiction.