[Adopted 8-13-1971 by Ord. No. 1971-11 (Ch. 18, Part 4, of
the 1990 Code); amended in its entirety 12-5-2007 by Ord. No. 2007-8]
This article shall be known as and may be referred to as the
Swatara Township "On-Lot Sewage Disposal System (OLSDS) Management
Ordinance."
The purpose of this article includes:
A.ย
Regulation of the installation, inspection, operation, rehabilitation,
replacement and timely ongoing maintenance of OLSDSs within the Township;
B.ย
Establishment of provisions and safeguards for the Township which
enable the issuance of permits for OLSDSs by and through the Sewage
Enforcement Officer (SEO);
C.ย
Registration of pumper/hauler businesses that remove and dispose
of septage;
D.ย
Establishment of minimum standards for the periodic pumping, treatment,
dosing and lift-pump tanks which are components of OLSDSs;
E.ย
Adoption of standards for inspection and pumping of systems and tanks;
and
F.ย
Provision for the Township to take action to correct conditions which
are declared public nuisances or hazards to the public health.
A.ย
As mandated by the municipal codes, the Clean Streams Law (35 P.S.
ยงยงย 691.1 to 691.1001), and the Pennsylvania Sewage
Facilities Act [Act of January 24, 1966, P.L. (1965) 1535, No. 537,
as amended, 35 P.S. ยงย 750.1 et seq., known as "Act 537"],
municipalities have the power and the duty to provide adequate sewage
treatment facilities for the protection of the public health by preventing
the discharge of untreated or inadequately treated sewage. The Board
of Commissioners recognizes that individual and community OLSDSs constitute
a valid and approved manner of protecting the quality of the water
and other natural resources of the Township through proper treatment
of wastes generated by certain development within the Township. The
use of OLSDSs must be regulated in accordance with the regulations
promulgated by the Pennsylvania Department of Environmental Protection
(DEP), which pertain to the location and permitted types of OLSDSs.
In addition, the Township has determined that, should the OLSDSs installed
by a landowner fail, thereby endangering the health and welfare of
the residents and visitors, the Board of Commissioners desires to
require that all landowners provide and set aside areas for the installation
of replacement individual OLSDSs.
B.ย
It is the further intent of the Board of Commissioners to insure
that OLSDSs are properly maintained. Failure to maintain an OLSDS
can eventuate into a pollution of the groundwater and other natural
resources of the Township. OLSDSs must be pumped on a regular basis
to ensure such maintenance is performed. In order to determine that
OLSDSs within the Township are being maintained properly, all landowners
using OLSDSs shall file manifests with the Township concerning such
service. The pumpers/haulers shall also be required to report any
OLSDS to the Township which is polluting groundwater, surface waters
or discharging sewage to the surface of the ground.
Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code,
as promulgated by the DEP, are hereby adopted as the sewage permit
application and installation procedure of the Township, and each and
all of the regulations contained in the said chapters are hereby adopted
by the Township, except as specifically modified by this article.
It is the intent of the Board of Commissioners to adopt automatically,
without further action of the Board, all subsequent amendments and
revisions to the said chapters as permitted by law and in accordance
with the provisions of 1 Pa.C.S.A. ยงย 1937(a). If such intent
is found invalid by a court of competent jurisdiction, it is the intent
of the Board to adopt the said chapters as they existed on the effective
date of this article.
A.ย
General terms. In the interpretation of this article, the singular
shall include the plural, and the masculine shall include the feminine
and the neuter.
B.ย
ACT
ALTERNATIVE SYSTEM
AUTHORITY
AUTHORIZED AGENT
BOARD
CESSPOOL
COMMUNITY SEWAGE SYSTEM
DEP
GRAY WATER
INDIVIDUAL SEWAGE SYSTEM
LAND DEVELOPMENT
(1)ย
(a)ย
(b)ย
(2)ย
(3)ย
LOT
MANAGEMENT PROGRAM
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM (OLSDS)
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
POLLUTION/POLLUTING
PRIMARY AREA
PUMPER/HAULER
PUMPER/HAULER BUSINESS
PUMPER'S REPORT
REHABILITATION
REPAIR
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE FACILITIES
SUBDIVISION
TOWNSHIP
TREATMENT TANK
Specific terms. For the purposes of this article, the terms used
shall be construed to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. ยงย 750.1
et seq.
A system for the disposal of domestic wastewaters not operating
below ground level but located on or near the site of the building
or buildings being served (e.g., composting toilets, gray water recycling
systems, incinerating toilets, spray irrigation and black water recycling
systems, etc.).
Swatara Township Authority, a Pennsylvania municipality authority.
A licensed sewage enforcement officer, professional engineer
or sanitarian, plumbing inspector, soils scientist, or any other qualified
or licensed person who is delegated to function within the specified
limits as the agent of the Board of Commissioners of Swatara Township
to carry out the provisions of this article.
The Board of Commissioners of the Township of Swatara, Dauphin
County, Pennsylvania.
A covered pit with open-jointed lining which receives the
sewage or other organic wastes directly from a building drain or building
sewer. The pit retains the solid wastes and allows the liquid waste
to pass through its bottom and sides.
Any system, whether publicly or privately owned, which collects
sewage from two or more lots or uses, and the treatment and/or disposal
of the sewage occurs on one or more of the lots or at any other site
which complies with all applicable regulations of the DEP.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Used water from a laundry, bath, or kitchen sink.
Any system of piping, tanks, or other facilities serving
a single residential unit and collecting and disposing of sewage,
in whole or in part, into the soil or any waters of the Commonwealth
of Pennsylvania or by means of conveyance to another site for final
disposal.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code (Act 170 of 1988, as amended).[1]
A designated parcel, tract, or area of land established by
a plot or otherwise as permitted by and to be used, developed or built
upon as a unit.
The management program shall encompass the entire area of
Swatara Township where public sewage disposal service is not available
and wastewater service is provided by OLSDS or any other alternative
system which discharges into the soils of the Township or the waters
of the commonwealth. All systems shall be operated under the jurisdiction
of the Township and other applicable laws of the Commonwealth of Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by DEP in accordance
with the Act and with applicable DEP regulations.
Any sewage system disposing of sewage, in whole or in part,
into the soil of the lot it serves or any waters of the Commonwealth
of Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any owned property.
Any individual, company, association, society, trust, corporation
or other group or entity.
A revision to, or exception to the revision of, the official
sewage facilities plan of the Township, submitted in connection with
the request for approval of a subdivision or land development in accordance
with DEP regulations.
The discharge of raw or partially treated sewage to the surface
water, groundwater, or surface of the ground.
An area on a lot, tract or parcel of land that has been tested
by the SEO and found suitable, based upon the then-current DEP site
requirements, for the installation of an OLSDS and which will be preserved
and protected from alteration for installation of the initial OLSDS
for sewage generated on that lot, tract, or parcel.
A person who engages in cleaning any or all components of
a community or individual OLSDS and evacuates and transports the sewage
cleaned therefrom, whether for a fee or free of charge, and is certified
by the Pennsylvania Septic Management Association to perform on-lot
management treatment inspections.
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a community or
individual OLSDS and evacuates and transports the sewage cleaned therefrom,
whether for a fee or free of charge.
A form, provided by the Township, which shall be used by
all pumpers/haulers to report every pumping of an OLSDS in the Township.
Work done to modify, alter, repair, enlarge or replace an
existing OLSDS.
Work done to modify, alter, rehabilitate or enlarge an existing
OLSDS.
An area designated as the future location of an OLSDS that
shall be installed should the initial OLSDS fail or otherwise become
inoperable. The area shall meet all the regulations of DEP and all
applicable Township articles for an OLSDS.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains gray water, waste products, excrement
or other discharge from the bodies of human beings, or any noxious
or deleterious substance harmful to public health, to animal or aquatic
life, to the use of water for domestic water supply or recreation
or which constitutes pollution under the Act of June 22, 1937 (P.L.
1987, No. 94), known as the "Clean Streams Law," as amended.[2]
A person certified by the State Board for the Certification
of Sewage Enforcement Officers, who is appointed by the Board to administer
the provisions of this article, the provisions of the Act, and the
regulations in Pa. Code Title 25, Chapters 71, 72 and 73.
Any method of sewage collection, conveyance, treatment, and
disposal which will prevent the discharge of untreated or inadequately
treated sewage into the waters of the commonwealth or otherwise provide
for the safe and sanitary treatment of sewage.
The division or redivision of a lot, tract or parcel of land,
by any means, into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The Township of Swatara, Dauphin County, Pennsylvania, a
Pennsylvania municipality, acting by and through its Board of Commissioners
and, in appropriate cases, acting by and through its authorized representatives.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
C.ย
All other definitions of words and terms used in this article shall
have the same meanings as set forth in Chapter 73, Standards for Sewage
Disposal Facilities, of Title 25, Rules and Regulations, DEP.
From the effective date of this article, its provisions shall
apply to all persons owning any property serviced by an individual
or community OLSDS and to all persons installing, repairing or rehabilitating
such systems. The aforesaid notwithstanding, the Board of Commissioners
may, in its sole discretion, provide a grace period for implementation
of the provisions of this article to persons who will be required
to connect to the Township's community sewer collection and treatment
system.
No person shall install, construct or alter an individual sewage
system or community sewage system 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 from the
Sewage Enforcement Officer of Swatara Township, indicating that the
site, plans and specifications of such system are in compliance with
the provisions of the Pennsylvania Sewage Facilities Act (Act of January
24, 1966, P.L. 1535, as amended, 35 P.S. ยงย 750.1 et seq.)
and the rules and regulations adopted by the Department of Environmental
Protection pursuant thereto. A permit shall be required regardless
of the size of the lot or tract of ground on which the building or
structure is to be constructed, altered or occupied.
No person, firm or corporation shall construct, alter or extend
any individual or community sewage disposal system within the Township
of Swatara, Dauphin County, Pennsylvania, unless he/she holds a valid
permit issued by the person or officer charged with the issuance thereof.
Permits shall be issued, if they comply with the Pennsylvania Sewage
Facilities Act[1] and the rules and regulations issued in connection therewith,
upon the payment of a fee as designated by the Commissioners of Swatara
Township. The term "individual sewage disposal system" shall mean
one system per residential unit. "Community sewage disposal systems"
shall mean sewage disposal units as described in the rules and regulations
of the Department of Environmental Protection, and permits therefor
shall be issued upon the payment of a fee as designated by the Commissioners
of Swatara Township.
[1]
Editor's Note: See 35 P.S. ยงย 750.1.
Appeals from a refusal to grant permits and inspection of installations
of individual or community sewage disposal systems shall be as provided
by the Pennsylvania Sewage Facilities Act[1] and the rules and regulations as promulgated thereunder,
a copy of which shall always be kept at the office of the Secretary
of the Township of Swatara, Dauphin County, Pennsylvania, where the
same may be inspected during office hours.
[1]
Editor's Note: See 35 P.S. ยงย 750.1.
The SEO of Swatara Township shall issue permits, review permit
applications and sewage facilities planning modules and conduct investigations
and inspections necessary to implement the Sewage Facilities Act[1] and the regulations thereunder. More specifically, duties
of the SEO shall include the following:
A.ย
Issue, deny or revoke septic system permits in accordance with state
regulations and standards.
B.ย
Review soil profiles (deep probes) and percolation tests.
C.ย
Inspect newly installed systems to ensure proper installation.
D.ย
Conduct initial septic system site investigations to document conditions,
determine the causes of malfunctions, and decide the extent of the
repair needed to resolve septic system malfunction problems.
E.ย
Issue a notice of violation to the responsible property owner for
a failed septic system and issue a sewage permit application for the
proper system repair.
F.ย
Issue the responsible property owner a permit to repair or replace
the malfunctioning system after any necessary site testing has been
done and an acceptable system design has been submitted.
[1]
Editor's Note: See 35 P.S. ยงย 750.1.
A.ย
Any person who shall install a new OLSDS shall use underground warning
tape to identify the location of all treatment tanks and appurtenances.
The underground warning tape shall be buried six inches below finished
grade. The underground warning tape shall be magnetic polyethylene
tape, three inches in width, with a minimum lettering of one inch.
B.ย
In addition, a manhole riser and cover shall be installed on all
new septic tanks to enable easy access. The riser shall bring the
cover to the surface or to within 12 inches of the top of grade. A
mechanism to prevent unlawful entry shall be installed on the cover
if it is brought to the surface.
A.ย
Requirements.
(1)ย
A replacement area for an individual or community OLSDS shall
be provided for all new lots which are not serviced by public sewer.
Lots that are served by an OLSDS that existed prior to the effective
date of this article shall be exempt from the requirements of this
subsection.
(2)ย
The replacement area provided shall comply with the Act, with
all regulations issued by DEP concerning OLSDS, including isolation
distances, and with the terms of this article and any other applicable
Township articles.
B.ย
Identification of replacement area.
(1)ย
Each applicant who shall submit a plan for subdivision or land
development or who shall request approval of a planning module for
land development or the adoption of a revision, planning exemption,
or supplement to the official sewage facilities plan shall demonstrate
to the satisfaction of the SEO that a functional OLSDS and a suitable
replacement area exists on the residual lot. To confirm the suitability
of the primary area and replacement area, the SEO shall perform or
observe all soil tests required in Chapter 73 of the Act for the location
of an OLSDS.
(2)ย
The location of the initial OLSDS and the replacement area(s),
as confirmed by the SEO, shall be identified on a plot plan and diagram
submitted as part of the permit application.
(3)ย
If the application is for subdivision or land development plan approval or as part of a request that the Township approve a planning module for land development to amend its official sewage facilities plan, or approval of a request for a planning exemption to the revision of the official sewage facilities plan, the location of each initial OLSDS and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note shall also be added to the plans stating that no improvements shall be constructed upon the primary area and replacement area, with the exception of those identified in Subsection C herein below.
(4)ย
An owner may submit a written request for planning exemption
to submit a sewage facilities planning module for any new lot using
the application mailer as provided for by the Act; said request must
be approved by the Township and the DEP.
(5)ย
Any revisions to a permit or plan affecting a replacement area
which previously has been approved pursuant to the provisions of this
article shall be reviewed for approval by the SEO and forwarded to
the Board of Commissioners and the owner for final approval.
C.ย
Construction restrictions.
(1)ย
The site for the primary area and replacement area shall be
protected and a note added upon the plan stating that no permanent
or temporary improvements of any character, other than shallow-rooted
plant matter, shall be constructed upon the identified suitable on-lot
sewage disposal test areas. Movable structures (without foundations),
such as sheds, fences, and animal shelters, may be placed in the replacement
area.
(2)ย
This provision shall be enforced by the 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 applicable regulations of DEP, this article
and all other applicable Township articles, exists upon the lot. If
an alternate replacement area is identified, the alternate replacement
area shall be designated the replacement area required by this article.
The owner shall provide a revised plot plan to the Township showing
the location of the new replacement area.
(3)ย
The replacement area may consist of an area set aside for any
OLSDS that is acceptable to the DEP.
A.ย
All OLSDS shall be operated by the owner in a manner that is in full
compliance with the terms of this article, the DEP Regulations, and
the system's permit.
B.ย
Only sewage shall be discharged into an OLSDS.
C.ย
The following shall not be discharged into any individual or community
sewage system:
D.ย
In accordance with ยงย 73.11(c) of the Pennsylvania Code,
Title 25, DEP, Chapter 73, kitchen and laundry wastes and water softener
backwash shall be discharged to a treatment tank.
A.ย
The owner of a property upon which an OLSDS is located shall at all
times operate and maintain the system in such condition as will permit
it to function in the manner in which it was designed and to prevent
the unlawful discharge of sewage.
B.ย
The owner of a property upon which an OLSDS is located shall maintain
the area around such system so as to provide convenient access for
inspection, maintenance and pumping.
C.ย
In the event an owner detects conditions that indicate or could reasonably
be interpreted to indicate the OLSDS is not operating properly, the
owner shall contact the SEO and, if repair or replacement is necessary,
apply for and obtain a permit to repair or replace the system.
D.ย
Every treatment tank or cesspool shall be pumped out according to
the pumping schedule in ยงย 231-21.14B of this article. If
a component's manufacturer requires a more frequent pumping interval
than contained in this article, that interval shall be deemed the
minimum interval for pumping.
E.ย
When a treatment tank is pumped out, all dosing tanks, sand filter
tanks, lift tanks and other tanks associated with the system shall
also be pumped out.
A.ย
The Township is hereby divided into three districts, designated as
Districts 1, 2 and 3 as illustrated on the On-lot Sewer Management
District Map, which is incorporated by reference into this article
as Appendix 1,[1] and as may be amended from time to time.
[1]
Editor's Note: Appendix 1 is on file in the Township offices.
B.ย
Every OLSDS in the Township shall be inspected and every treatment
tank or cesspool associated with every OLSDS shall be pumped at least
one time according to the following district and pumping schedule:
[Amended 4-9-2008 by Ord. No. 2008-4]
District
|
Pumping and Inspection Shall Be Completed By
| |
---|---|---|
1
|
6-1-2008 to 6-30-2009
| |
2
|
6-1-2009 to 6-30-2010
| |
3
|
6-1-2010 to 6-30-2011
|
C.ย
After the initial pumping/inspection, all treatment tanks or cesspools
in an OLSDS shall continue to be pumped out at a minimum regular interval
of once every three years from the year of either the initial pumping
or a subsequent pumping. Treatment tanks that have been subject to
more frequent pumping, by the nature of their size, loading rate or
other system characteristics, should continue to receive that frequency
of pumping.
D.ย
The Township may allow treatment tanks to be pumped out at less frequent
intervals when the owner can demonstrate to the Township that the
property the OLSDS serves is not occupied on a full-time basis, or
for other acceptable reasons. Such a request may be made at any time
and must be in writing. The Township, in making its determination,
shall take into account the information submitted by the applicant,
the sewerage permit issued by the SEO, and any other supporting documentation
or information. The Township may also conduct an on-site inspection
of the OLSDS to verify its current condition. The applicant shall
bear the cost of any inspection or soil and water sampling conducted
for the purposes of evaluating the request.
E.ย
The required pumping frequency may be increased at the discretion of the Township if the treatment tank is undersized, if solids buildup is above average, if the hydraulic load on the system increases significantly, if a garbage grinder is used, if the system malfunctions, or if the treatment tank is filled with solids in excess of 1/3 of the liquid depth of the tank or with scum in excess of 1/3 of the liquid depth of the tank. If an owner can submit written proof that their treatment tank had been pumped within one year of the date set forth in Subsection C hereinabove, then the Township may delay, change or alter that owner's initial required pumping schedule to conform to the general three-year frequency.
A.ย
Each pumper/hauler shall have a person, certified by the Pennsylvania
Septic Management Association, present during the initial and subsequent
pumping to inspect, observe, confirm and report on the condition of
the OLSDS.
C.ย
The pumper's report shall be on a Township-provided form, which
is incorporated by reference into this article as Appendix 2,[1] and as may be amended from time to time without the requirement
to amend this article. The pumper's report shall include the
required information as outlined on Appendix 2.
[1]
Editor's Note: Appendix 2 is included at the end of this chapter.
D.ย
Should the pumping/inspection reveal that the OLSDS is polluting
the groundwater or surface waters or discharging to the surface of
the ground, the pumper/hauler shall notify the Township, who shall
notify the owner to take corrective action of the pollution.
E.ย
In the event that an owner fails to carry out the requirements for
the initial or subsequent pumping/inspection, the SEO shall have the
right to enter upon land for the purpose of conducting inspections
required by this article.
F.ย
The SEO shall make an effort to contact the owner, current tenant,
or both, in writing, prior to conducting the inspection. The notice
shall include the date and time of the inspection and the reason for
the inspection. If the owner or tenant cannot be reached and, in the
judgment of the SEO, there is an immediate and substantial safety,
water pollution or health hazard, the SEO may enter upon the property
and proceed with the inspection of the OLSDS.
G.ย
No provision of this article shall require notice to be given before
entry where it can be observed from a public street or abutting property
(with the consent of the abutting property owner) that an OLSDS is
polluting.
H.ย
Any OLSDS or an alternative system which contains an aerobic sewage
treatment tank shall follow the operating and maintenance recommendations
of the equipment manufacturer. A copy of the manufacturer's recommendations
and a copy of the service agreement shall be submitted to the Township
within six months of the effective date of this article. Thereafter,
service receipts shall be submitted to the Township at the intervals
specified by the manufacturer's recommendations.
I.ย
The Township may require additional maintenance activity as needed,
including, but not necessarily limited to, cleaning and unclogging
of piping; servicing and repair of mechanical equipment; leveling
of distribution boxes, tanks and lines; removal of obstructing roots
or trees; and diversion of surface water away from the disposal area.
Repair or rehabilitation permits issued by the SEO must be secured
before these activities are commenced.
A.ย
No person shall operate or maintain an OLSDS in such a manner that
it causes pollution. All liquid wastes, including bathroom, kitchen
and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage facility shall discharge untreated
or partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit to discharge has been obtained
from the DEP.
B.ย
The Township shall issue a written notice of violation to any person
who is the owner of a property in the Township which is found to be
served by an OLSDS which is discharging raw or partially treated sewage
to the surface water, groundwater or surface of the ground.
C.ย
Within seven days of notice of violation by the Township that pollution
has been identified, the owner shall make application to the Township's
SEO for a repair or rehabilitation permit to abate the pollution.
Within 90 days of the original notification by the Township, construction
of the permitted repair or rehabilitation shall commence. Within 120
days of the original notification by the Township, the repair or rehabilitation
shall be completed, unless seasonal or unique conditions mandate a
longer period, in which case the Township may set an extended completion
date.
D.ย
The Township shall compel, or may take, immediate corrective action
whenever the pollution represents a public health hazard or environmental
threat. In the event the Township, or its agents or contractors, takes
such corrective action, the owner of the property shall be charged
for the costs of work, and related expenses, performed by the Township,
or its agents or contractors, which costs shall become a lien on the
property and shall be recovered and collected by the Board of Commissioners
by the filing of a municipal claim in relation to the property, reducing
said claim to judgment and executing upon such judgment, or by instituting
a suit to recover such costs or expenses to be charged against the
property as a lien or against the person or legal entity as a personal
judgment.
E.ย
The Township's SEO shall have the authority to require the repair
or rehabilitation of any pollution by the following methods: cleaning,
repair or replacement of components of the existing system; adding
capacity or otherwise altering or replacing the system's treatment
tank; expanding the existing disposal area; replacing the existing
disposal area; replacing a gravity distribution system with a pressurized
system; or other alternatives as appropriate for the specific site,
in accordance with the Act.
F.ย
In lieu of or in combination with the remedies described in Subsection E, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures having an OLSDS. Water-using devices and appliances in the structure may be retrofit with water-saving appurtenances, or they may be replaced by water-conserving devices and appliances. Wastewater generated in the structure may also be reduced by water usage patterns in the structure served.
G.ย
In the event that the repair or rehabilitation measures in Subsections A through F are not feasible or do not prove effective, the Township may require the owner to apply for a permit to install a holding tank in accordance with Township Article IVA. Upon receipt of said permit, the owner shall complete the installation of the holding tank within 90 days, unless seasonal or unique conditions mandate a longer period, in which case the Township may set an extended completion date.
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of an owner to maintain, repair
or rehabilitate an OLSDS as provided under the terms of this article,
shall have the authority to perform or contract to have performed
the work required by the SEO. The owner shall be charged for the work
performed, including the costs of the work and related expenses, which
costs shall become a lien on the property and shall be recovered and
collected by the Board of Commissioners by the filing of a municipal
claim in relation to the property, reducing said claim to judgment
and executing upon such judgment, or by instituting a suit to recover
such costs or expenses to be charged against the property as a lien
or against the person or legal entity as a personal judgment.
A.ย
Each pumper/hauler business providing pumping services to owners
of an OLSDS within the Township, including but not limited to pumping
out the OLSDS, shall register with the Township. Such registration
shall include but is not limited to the following:
(1)ย
The name, address, and telephone number of the pumper/hauler
business.
(2)ย
Identification of all persons that will perform these services
in the Township.
(3)ย
List of all vehicles, including make, year, model and motor
vehicle registration number.
(4)ย
Copy of insurance coverage, with minimum coverages as follows:
compliance with the Workers' Compensation Act[1] and the Social Security Act, as amended, and liability
insurance in an amount of not less than $1,000,000 for injuries, including
accidental death, to any one person and subject to the same limit
for each person, in an amount of no less than $2,000,000 on account
of one accident, and property damage insurance in an amount of not
less than $1,000,000 or $2,000,000 combined single-limit liability,
with an umbrella coverage of $2,000,000.
[1]
Editor's Note: See 77 P.S. ยงย 1 et seq.
(5)ย
Copy of membership in the Pennsylvania Septic Management Association.
(6)ย
Documentation that there is at least one person employed by
the pumper/hauler business who is certified by the Pennsylvania Septic
Management Association to perform on-lot management treatment inspections.
(7)ย
Identify the location(s) at which the pumper/hauler business
proposes to dispose of septage collected in the Township that shall
be valid for the calendar year.
B.ย
The pumper/hauler business shall pay an annual registration fee,
which is established hereby with the amount thereof set by resolution
by the Board.
C.ย
No person other than a registered pumper/hauler business shall be
permitted to remove septage from any OLSDS in the Township.
D.ย
The Township shall maintain a list of registered pumper/hauler businesses.
A.ย
All septage originating within the Township shall be disposed of
at sites or facilities approved by the DEP. Approved sites or facilities
shall include the following: septage treatment facilities, wastewater
treatment plants, composting sites, and DEP-approved farmlands.
B.ย
All pumpers/haulers operating with the Township shall operate in
a manner consistent with the provisions of Pa. Code, Title 25, Environmental
Protection, Chapter 285, and the Pennsylvania Solid Waste Management
Act (Act 97 of 1980, 35 P.S. ยงยงย 6018.101 through 6018.1003).
A.ย
The Township shall establish all administrative procedures necessary
to carry out the provisions of this article.
B.ย
The Township may appoint an authorized agent or may contract with
private individuals or firms as necessary to carry out the provisions
of this article.
C.ย
All permits, records, reports, files and other written material related
to the installation, operation and maintenance of Township OLSDSs
shall become the property of the Township. Existing and future records
shall be available for public inspection during regular business hours
at the Township offices. All records pertaining to sewage permits,
building permits, occupancy permits, and all other aspects of the
Township's management program shall be made available, upon request,
for inspection, in accordance with the Pennsylvania Open Records Law.[1]
[1]
Editor's Note: See now 65 P.S. ยงย 67.101 et seq.
The Board may, by resolution, establish a fee schedule and collect
fees to cover the Township's costs of permits and otherwise administering
this article.
A.ย
It shall be illegal to construct, alter, repair or rehabilitate an
OLSDS without first obtaining a permit for the installation or repair
from the SEO.
B.ย
It shall be illegal to fail to maintain the components of an OLSDS
at the intervals specified in this article or those specified by the
equipment manufacturer.
C.ย
It shall be illegal for a pumper/hauler business to fail to register
and/or file all required reports in a timely manner as required by
this article.
D.ย
Any person who violates any of the provisions of this article commits
a summary offense and shall be subject to prosecution by the Township
and, upon conviction before a Magisterial District Judge, shall be
subject to a fine of not less than $300 nor more than $1,000, plus
costs of prosecution and the Township's attorney fees.
E.ย
Each day of a continuing violation shall be considered a new and
separate violation of this article and shall be subject to separate
fine.
F.ย
Upon discovery of any violation of this article, the Township may,
at its option, forgo any prosecution hereunder and may grant to the
owner a period of up to 30 days to initiate corrective action with
the provisions of this article. Upon failure of the owner to affect
such compliance, the Township may initiate prosecution as hereinabove
set forth or take action under 35 P.S. ยงย 750.12(a).
G.ย
Any pumper/hauler business which has been found guilty by a Magisterial
District Judge of violations of this article or which fails to comply
with any of the provisions of this article or which violates the conditions
of its DEP permit relating to the handling, treatment or disposition
of septage or of any state law or Township article governing its operation
shall be barred from operating within the Township for a period of
one year.
H.ย
In addition to any other actions to obtain compliance, the Township
may assess civil penalties as described in the Act. (See 35 P.S. ยงย 750.13a.)
This article shall be known as and may be referred to as the
Swatara Township "Holding Tank Management Ordinance."
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, whether from residential, institutional,
recreational or commercial establishments or uses, 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 meanings of terms used in this article shall be as follows:
A person who obtains sewage from a holding tank and transports
such matter to a disposal site approved by the Pennsylvania Department
of Environmental Protection and who is at that time covered by a valid
and binding agreement with the Township governing such transportation
and disposal.
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 municipality 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.
Swatara Township, Dauphin County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality.
Any individual, partnership, company, association, corporation
or other group or entity.
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.
The Board of Commissioners of Swatara Township, Dauphin County,
Pennsylvania.
The Township is hereby authorized and empowered to undertake
within the municipality the control and methods of holding tank use
and the collection, transportation and disposal of sewage incident
thereto.
A.ย
The
Township 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. The aforesaid notwithstanding,
the Board of Commissioners may, in its sole discretion, provide a
grace period for implementation of the provisions of this article
to persons who will be required to connect to the Township's
community sewer collection and treatment system.
B.ย
All
such rules and regulations adopted by the Township shall be in conformity
with the provisions herein, all other ordinances of the municipality,
and all applicable laws and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
The Township 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.
A.ย
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 Township. Transportation shall be
deemed to have been done under the direction and control of the Township
only if done by an approved transporting entity.
B.ย
The disposal of sewage obtained from holding tanks shall be made
only at such site or sites as may be approved by the Department of
Environmental Protection of the Commonwealth of Pennsylvania.
C.ย
The Township will receive, review and retain pumping receipts from
the owner of each permitted holding tank, as well as from the approved
transporting entity.
D.ย
The Township will complete and retain annual inspection reports for
each permitted holding tank on or about every anniversary of the date
of final installation inspection, until such time as the holding tank
is properly removed.
The owner of an improved property that utilizes a holding tank
shall:
A.ย
Maintain the holding tank in conformance with this article or any
ordinance of this municipality, the provisions of any applicable law,
and the rules and regulations of the Township and any administrative
agency of the Commonwealth of Pennsylvania.
B.ย
Permit only the Township or its Sewage Enforcement Officer to inspect
holding tanks on an annual basis.
C.ย
Permit only the Township or an approved transporting entity to collect,
transport, and dispose of the contents therein.
Any person who violates any provisions of ยงย 231-22.7 shall be guilty of a summary offense and, upon conviction thereof, be sentenced to pay a fine of not less than $100, and costs, and not more than $600, and costs, or, in default thereof, undergo imprisonment in the county prison for a period not in excess of 30 days.
In addition to any other remedies provided in this article, any violation of ยงย 231-22.7A above shall constitute a nuisance. The Township, through its SEO, shall give an owner written notice of the violation and an order to abate the nuisance in 30 days, unless, in the SEOs opinion, the violation in the nature of pollution represents a public health hazard or environmental threat, in which event the property owner shall be given notice to take immediate corrective action to abate the pollution. Upon failure of the owner to comply with the aforesaid notice, the Township may take immediate corrective action through its agent or contractors, and the owner of the property shall be charged for the costs of work and related expenses performed by the Township or its agents or contractors, which costs shall become a lien on the property and shall be recovered and collected by the Board of Commissioners by the filing of a municipal claim in relation to the property, reducing said claim to judgment and executing upon such judgment, or by instituting a suit to recover such costs or expenses to be charged against the property as a lien or against the person or legal entity as a personal judgment. Nothing herein shall be deemed to create a private cause of action. In addition to any other actions to obtain compliance, the Township may assess civil penalties as described in 35 P.S. ยงยงย 750.12(a) or 750.13a.