From the effective date of this article, its provisions shall
apply to all properties utilizing on-lot sewer systems in Hatfield
Township. The provisions of this article shall apply to all persons,
and all other entities owning any property serviced by an on-lot sewage
system or a community on-lot sewage system.
As used in this article, the following words and terms shall
have the following definitions.
ACT 537
The Act of January 24, 1966, PL 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the Pennsylvania Sewage Facilities
Act.
BOARD
The Board of Commissioners, Hatfield Township, Montgomery
County, Pennsylvania.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
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 any waters of this commonwealth.
MALFUNCTION
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this Commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of ground or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.
ON-LOT SEWAGE SYSTEM
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
PERSON
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau of 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 person 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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
SEWAGE
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 Streams Law," as amended.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this article.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
the system.
B. Automobile oil and other nondomestic oil.
C. Toxic or hazardous substances or chemicals, including but not limited
to, pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents.
D. Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
Any on-lot sewage system or component thereof found to be malfunctioning
shall be repaired, modified or replaced to correct the conditions
causing the malfunction. Rehabilitation shall be performed in accordance
with 25 Pa. Code Chapter 73 (Standards for Sewage Disposal System)
and any other applicable rules and regulations of the Department.
The rehabilitated sewage system may be inspected to certify its compliance
with any applicable local and state standards.
When an imminent health hazard exists due to failure of a property
owner to maintain, repair, or replace an on-lot sewage system as provided
under the terms of this article, the Township shall have the right
to perform, or contract to have performed, the work required to abate
the health hazard, pollution, or nuisance. The property and/or system
owner shall be charged for the work performed, and, if necessary,
a lien shall be recorded against the property. The Township reserves
the right to pursue all other lawful remedies in addition to and not
exclusive of any abatement and lien process.
Any person failing to comply with any provision of this article
shall be subject to a fine of $1,000. In default thereof, the Solicitor
is authorized to pursue the violations as a summary offense and any
person may be subject to imprisonment for a period of not more than
30 days. Each day of noncompliance shall a constitute a separate offense.