Unless the context of this chapter specifically indicates otherwise,
the following terms used in this chapter shall mean:
ABSORPTION AREA EASEMENT
A portion of a lot, tract or parcel that encompasses the
primary area and replacement location and which shall be delineated
and preserved. The primary area and replacement location need not
be contiguous.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. 1535, No. 537, as amended, 35 P.S. §§ 750.1
through 750.20.
ALLOWABLE INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne waste
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from sewage, which is permitted
to be discharged into the sewer system pursuant to the provisions
of this chapter.
AUTHORITIES ACT
The Municipality Authorities Act of 1945, Act of May 2, 1945
(P.L. 382, No. 164), as amended, and as supplemented, modified or
restated by Act of June 19, 2001 (P.L. 287, No. 2001-02), as amended.
AUTHORIZED AGENT
The Township Engineer, a certified Sewage Enforcement Officer
(SEO), professional engineer or sanitarian, plumbing inspector, soils
scientist, water quality coordinator, qualified professional engineer,
qualified professional geologist, qualified soil scientist, Township
Code Enforcement Official, City of Lancaster official, LASA official
or any other person who is designated to carry out the provisions
of this chapter as the agent of the Township, City of Lancaster or
LASA.
BOARD
Board of Commissioners of the Township of Manheim, Lancaster
County, Pennsylvania, and any authorized agent or employee designated
by it to act on its behalf or on behalf of the Township.
CLEAN STREAMS LAW
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35
P.S. §§ 691.1 through 691.1001.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more of the lots or at any other site
and which shall comply with all applicable regulations of the Department.
Notwithstanding the foregoing, the sewage collection, transmission
and treatment systems of the City of Lancaster or LASA shall not be
considered community sewage systems for the purposes of this chapter.
DEPARTMENT/DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
DEVELOPER
Any owner, agent of such owner or tenant with the permission
of such owner, who makes or causes to be made a subdivision of land
or a land development, or other activities covered by this chapter.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space, and public facilities.
IMPROVED PROPERTY
Any property located within the Township upon which is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which sewage shall or may
be discharged.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
Any system of piping, tanks, or other facilities serving
on a single lot and collecting and disposing of sewage in whole or
in part into the soil and any waters of the Commonwealth of Pennsylvania
and which is located upon the lot which it serves. The term also includes
an OLDS which meets the definition of "nonstandard system."
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance, waterborne wastes
or form of energy ejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources as distinct from sewage.
LAND DEVELOPMENT
(1)
The improvements of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
(a)
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
(b)
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.
LASA
The Lancaster Area Sewer Authority, a municipal authority
organized and existing under the Authorities Act.
LOT
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term "lot" shall include parcels equal to or greater than 10 acres
in size where the lot may be occupied by one or more persons or families.
MALFUNCTION
The condition which occurs when an OLDS or community sewage
system discharges sewage onto the surface of the ground, into groundwater
of the commonwealth, into surface waters of the commonwealth, backs
up into the building connected to the OLDS or community sewage system
or otherwise causes a nuisance hazard to the public health or pollution
of groundwater or surface water or contamination of public or private
drinking water wells. An OLDS or community sewage system shall be
considered to be malfunctioning if any of the conditions set forth
in this definition occur for any length of time during any period
of the year.
NONSTANDARD SYSTEM
An OLDS which has a denitrification unit or any other equipment
which is not commonly found on OLDS within Lancaster County or an
OLDS which has been modified to address groundwater contamination
or other environmental issues or any OLDS which requires additional
approvals from the Department or a modification or amendment to the
Township's Official Plan.
OCCUPIED BUILDING
Each single dwelling unit, household unit, condominium, flat
or apartment unit, store, shop, office, business, commercial or industrial
unit or family unit contained within any structure erected and intended
for continuous or periodic habitation, occupancy or use by human beings
or animals and from which structure sewage is or may be discharged.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
OLDS
An individual on-lot sewage disposal system.
OWNER
Any person vested with an ownership interest, legal or equitable,
sole or partial, in any property located in this Township.
PERMIT
A permit issued by the SEO after the performance of tests
to determine suitability to authorize the initial installation of
an OLDS or the repair, replacement or enlargement of an existing OLDS.
PERSON
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or 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.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with Department regulations.
PRIMARY AREA
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 OLDS and which will be preserved
and protected from alteration for installation of the initial OLDS
for sewage generated on that lot, tract, or parcel. (See "replacement
location.")
PRIVATE DWELLING OR LIVING UNIT
Any structure intended to be occupied as a whole by one family,
an apartment intended to be occupied by one family, or any other one-family
living unit containing plumbing for kitchen or toilet facilities.
PROPERTY ACCESSIBLE TO THE SEWER SYSTEM
Any improved property which adjoins, abuts or is adjacent to the sewer system or as may be further defined under rules and regulations adopted by the Board pursuant to Article
II, §
399-12. Notwithstanding the foregoing, property accessible to the sewer system shall mean, as to a private dwelling or living unit, all improved residential property where the residence thereon is within 150 feet of a sewer as measured from the nearest portion (part) of the residence in a straight line to the center line of the sewer, provided that this modification shall apply solely to private dwelling or living units and to no other improved property, all other improved property being determined to be accessible to the sewer system as provided by the first sentence of this section.
PUMPER/HAULER BUSINESS
Any sole proprietor, company, partnership or corporation
which is licensed by the Department and/or other governmental agency
to engage in cleaning any or all components of a community or individual
on-lot system, retaining tanks, privies, aerobic tanks, cesspools,
or any other sewage disposal facility within the Township and evacuate
and transport the septage cleaned therefrom, whether for a fee or
free of charge.
PUMPER'S REPORT/RECEIPT
A form, provided by the Township, which shall be used by
all pumper/hauler truck operators to report every pumping of an on-lot
system in the Township.
REGULATIONS
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73,
as may be amended and supplemented.
REPLACEMENT LOCATION
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all requirements
of the regulations of the Department and all applicable Township ordinances
for an OLDS.
RETAINING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes, but is not limited
to, the following:
(1)
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
(2)
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a sewer system having no discharge point, requiring pump out and disposal of waste at another site.
(3)
PRIVYA tank designed to receive sewage where water under pressure is not available.
(5)
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste, employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
(6)
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEPTAGE
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
SEWAGE
Any substance that contains any of the waste products or
excrements 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 which constitutes
pollution under the Clean Streams Law.
SEWAGE TREATMENT PLANT
The plants and facilities owned by the City of Lancaster
and the Lancaster Area Sewer Authority for the treatment and disposition
of sewage and allowable industrial waste, as well as any other sewage
treatment plant which may, in the future, be used for the treatment
and disposition of sewage and allowable industrial waste from the
sewer system serving the Township.
SEWER
Any pipe or conduit constituting a part of the sewer system
used or usable for sewage collection purposes.
SEWER SYSTEM
All sewer mains, lateral sewers from the main to the point
of service connections, sewage ejector and/or pumping stations, force
mains, sewage treatment plant, and all appurtenances thereto which
are owned and/or operated by the Township, City of Lancaster and/or
LASA for the collection and disposal of sewage and allowable industrial
waste within this Township.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
SOIL ABSORPTION SYSTEM
An on-lot system that uses the renovative capacity of the
soil for treatment. All SEO permitted systems, except retention tank
systems, are soil absorption systems.
SUBDIVISION
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 devises, transfer of ownership, or building
or lot development.
TOWNSHIP
The Township of Manheim, Lancaster County, Pennsylvania.