Township of Manheim, PA
Lancaster County
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Table of Contents
Table of Contents
A. 
In accordance with municipal codes, the Clean Streams Law, and the Act, it is the duty of the Township to provide for adequate sewage treatment facilities and for the protection of the public by preventing the discharge of untreated or inadequately treated sewage. The Official sewage Facilities Plan for Manheim Township indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
B. 
Further, the Board recognizes that OLDS constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Township through proper treatment of wastes generated by development within the Township. The use of OLDS must be regulated in accordance with the regulations promulgated by the Department of Environmental Protection which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Township has determined that should the on-lot sewage disposal system installed by an owner fail, the water quality and other natural resources of the Township may be polluted.
C. 
It is especially of concern to the Board that such pollution may occur when a system fails and there is no suitable area on the lot for the installation of a replacement system. Therefore, in order to protect the water quality and other natural resources of the Township, thereby protecting the health and welfare of residents and visitors, the Board desires to require that all owners provide and set aside areas for the installation of replacement OLDS.
D. 
It is the further intent of the Board to insure that on-lot sewage disposal systems are properly maintained. Failure to maintain on-lot sewage disposal systems results in malfunctions which, in turn, result in the pollution of the water quality and other natural resources of the Township. OLDS should be pumped out on a regular basis, and it is the responsibility of all owners to insure such maintenance is performed.
E. 
The Board also desires to provide for the proper maintenance of any community sewage systems which have been installed in the Township. Proper maintenance of community sewage systems is essential to preserve and protect the health and welfare of Township residents and to preserve and protect the environment.
F. 
The Board, being authorized and empowered to do so, hereby confirms assumption by the Township of responsibility for and control of the methods of retaining tank sewage and septage disposal, collection and transportation.
The regulations are hereby adopted as the sewage permit application and installation procedure of the Township, and each and all of the regulations are hereby adopted by the Township, except as modified by this chapter. It is the intent of the Board to adopt all subsequent amendments and revisions to the regulations as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt the regulations as they existed on the effective date of this chapter.
A. 
No requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted unless the applicant presents to the Board evidence that each lot or lot to be created contains a suitable location for the installation of an initial OLDS, except when such lots or lots to be created are to be served by a community sewage system. All tests required by the Department and this chapter for the location of an OLDS to confirm the suitability of the location shall be performed as approved by the Department.
B. 
All planning modules for land development, except planning modules for land development which propose sewer service by means of the LASA or City of Lancaster sewer systems, shall be accompanied by hydrogeologic tests performed in accordance with all applicable Department regulations. The Board shall not approve any planning module for land development which does not contain hydrogeologic studies which demonstrate that the proposed sewage disposal facilities will not adversely affect the groundwater or that measures will be utilized, such as the installation of denitrification systems or dispersion plume easements, which will address the impacts of the proposed sewage disposal facilities.
C. 
Well test results submitted with planning modules will be compared with the Official Plan well test data. If the results vary from the Official Plan well test data, the Township may require additional testing to verify any discrepancies.
After the effective date of this chapter, a replacement location for an OLDS shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system operated by a governmental entity or for which a valid permit for an OLDS has not been issued. The replacement location shall comply with the Act and with all regulations issued by the Department as incorporated into this chapter concerning OLDS, including isolation distances, and with the terms of this chapter and any other applicable Township ordinances.
A. 
Each person who shall apply for a permit under Chapter 510, Zoning,[1] of the Code of the Township of Manheim or a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS) or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate, to the satisfaction of the Sewage Enforcement Officer, that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. In lieu of demonstrating suitable area on the lot or on each lot to be created, the Township may approve an initial OLDS and/or replacement OLDS located on an adjacent tract, encumbered perpetually in the chain of title with an easement to allow said OLDS, the easement of form and content approved by the Township Solicitor and duly recorded at the Recorder of Deeds' office in and for Lancaster County. All tests required by the Department and this chapter for the location of an OLDS to confirm the suitability of the replacement location shall be performed as approved by the Department. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
[1]
Editor's Note: The Zoning Ordinance is on file in the Township offices.
B. 
The developer shall identify the location of the initial OLDS and the replacement location as confirmed by the Sewage Enforcement Officer on the plot plans and diagrams submitted as a part of the subdivision or land development plan and as part of the permit application.
C. 
If the application has been submitted as a part of an application for approval or review of a planning module for land development, the developer shall identify the location of each OLDS and each replacement location upon the plans. If the application is for subdivision or land development approval, the developer shall include a note on the plans stating that:
(1) 
No improvements, whether permanent or temporary, shall be constructed upon or within the absorption area easement.
(2) 
No permanent or temporary alterations, grading, excavation, stockpiling of any soil or any other material shall take place on or in the absorption area easement.
(3) 
During any construction or other activities, the absorption area easement shall be so marked to prevent equipment with greater wheel loadings than a common garden tractor/riding mower from traveling over or operating upon the surface of the absorption area easement.
D. 
Any revisions to a permit affecting a replacement location which previously has been issued pursuant to the provisions of this chapter shall be approved by the Board or its authorized agent. Any revisions to a subdivision or land development plan affecting a replacement location which has been previously approved pursuant to the provisions of this chapter shall be resubmitted to the Township for review and approval.
E. 
An owner wishing to alter the use of the replacement location must first document, through a site evaluation by the SEO, that an additional area suitable for the installation of an on-lot system exists, and upon such a finding shall:
(1) 
Prepare and submit to the Township for approval a declaration of easement, which shall:
(a) 
Meet the identification, nonuse and preservation requirements of this section;
(b) 
Describe, by metes and bounds, the easement area to be abandoned.
(2) 
Within 15 days of the approval by the Township, record the declaration of easement at the County Recorder of Deeds' office.
(3) 
File a copy of the recorded easement with the Township.
A. 
If any lot held in single and separate ownership as of the effective date of this chapter shall not contain land suitable for a replacement location, the applicant for a permit under Chapter 510, Zoning,[1] or an installation permit for an OLDS may request that the Township grant an exception to the requirement of providing a replacement location. Applicants for relief under this section shall submit a written application setting forth the information required by this section and shall include the application fee established by resolution or ordinance of the Board. The applicant for such an exception shall present credible evidence to the Township demonstrating:
(1) 
That the lot was held in single and separate ownership on the effective date of this chapter;
(2) 
The size of the lot;
(3) 
Inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and
(4) 
The testing conducted to determine that the lot is not suitable to provide a replacement location.
[1]
Editor's Note: The Zoning Ordinance is on file in the Township offices.
B. 
At all times, the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this chapter.
The owner and any contractor performing work upon an OLDS shall obtain a permit from the SEO in accordance with the Act, the regulations of the Department, and this chapter prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township, regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Township granting relief from the designation of a replacement location in accordance with § 399-25 of this chapter or unless such permit is requested to repair a malfunction of an existing OLDS. All permit applications shall demonstrate compliance with the following:
A. 
Building and zoning permits shall not be issued for any building or improvement to real property to be serviced by an on-lot system prior to receiving a permit for the installation or repair of the on-lot system from the SEO. Septic systems must be sized appropriately and in a state of good repair prior to issuance of a building permit for proposed building additions and renovations. If there are no repairs to an existing OLDS, the Township's SEO is required to notify the Township.
B. 
In general, all system components, including absorption areas, must be located on the same lot, tract, or parcel as the structure they will serve. Systems or components may be located on a separately deeded parcel, regardless of the parcel's ownership, or through means of an easement, right-of-way or other instrument, with the approval of the Board, provided that the separate parcel is encumbered by an easement providing for such use in perpetuity. Said easement is subject to the review of the Township Solicitor.
C. 
All planning modules proposing individual or community sewage systems which require a DEP permit shall include a provision granting the Township and its agents the right to enter the premises to inspect the construction and/or operation of the DEP-permitted system and, if the system is not being constructed or operated according to the permitted design, issue a stop-work order or revoke the occupancy permit until construction or operation is brought into compliance with the permit.
D. 
No on-lot system shall be altered, extended, augmented, modified or repaired without the issuance of a repair permit by the SEO.
E. 
No on-lot system shall be used or loaded in a manner which is inconsistent with the permit that was issued to authorize that system's installation.
F. 
Permit applications for on-lot systems which include electronic, mechanical, or other methods to treat sewage, other than a standard septic system, must provide the Township with the manufacturer's recommended maintenance schedule and product specifications.
All owners, developers and contractors who desire to install, repair, modify or alter an OLDS in the Township shall obtain a permit from the Sewage Enforcement Officer prior to the commencement of such work. All work performed under any permit shall comply with the following regulations:
A. 
The holder of a permit and the contractor performing work under such permit shall notify the Sewage Enforcement Officer at least three working days before commencing installation, repair, modification or alteration of the OLDS in order that one or more inspections in addition to the final inspection required by the Department may be scheduled and performed by the Sewage Enforcement Officer.
B. 
If construction or installation of the OLDS and of any building or structure for which such OLDS is to be installed has not commenced within three years after the issuance of the permit for such OLDS, the permit shall expire. The owner and/or contractor shall obtain a new permit prior to commencement of the installation, repair, modification, replacement or alteration of the OLDS.
All owners, developers and contractors who desire to install a nonstandard OLDS, including but not limited to a denitrification system, in addition to all other requirements of this chapter, shall also meet all of the following requirements:
A. 
The owner of the lot on which such system is to be installed and, if different, the applicant shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the system which grants the Township the right to enter upon the property; to inspect such system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such system is not functioning properly; to maintain such system if the owner fails to do so; and to recover the cost of any maintenance performed, plus a penalty, from the owner. The agreement shall specifically authorize the Township to file a municipal claim against the property to recover all costs and fees and shall specifically state that its provisions are binding upon the owner executing the agreement and upon all successive owners of the property until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
B. 
The applicant shall post financial security with the Township to secure the future maintenance of the system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular nonstandard system chosen by the applicant. The financial security shall be posted through a self-renewing irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest-bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
C. 
The applicant shall demonstrate to the Township that the proposed nonstandard system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D. 
The applicant shall provide the Township with a complete set of record plans for the nonstandard system after its installation.
E. 
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F. 
The applicant shall pay all costs associated with the yearly inspection of the nonstandard system.
All owners, developers and contractors who desire to install a community sewage system shall meet all of the following requirements:
A. 
The owner of the lot on which the community sewage system is to be installed and, if different, the applicant shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the community sewage system which grants the Township the right to enter upon the property; to inspect such community sewage system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such community sewage system is not functioning properly; to maintain such community sewage system if the owner fails to do so; and to recover the cost of any maintenance performed, plus a penalty, from the owner. The agreement shall specifically authorize the Township to file a municipal claim against the property served by the community sewage system to recover costs and fees and shall specifically state that its provisions are binding upon the owner executing the agreement and upon all successive owners of the property and any lots which are served by the community sewage system until the community sewage system is removed and the property is connected to a public sewer system owned and operated by a governmental entity or until LASA or another governmental entity assumes ownership and maintenance responsibility for the community sewage system.
B. 
The applicant shall post financial security with the Township to secure the future maintenance of the community sewage system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular community sewage system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest-bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the community sewage system is removed and the property is connected to a public sewer system owned and operated by a governmental entity or until LASA or another governmental entity assumes ownership and maintenance responsibility for the community sewage system.
C. 
The applicant shall demonstrate to the Township that the proposed community sewage system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D. 
The applicant shall provide the Township with a complete set of record plans for the community sewage system after its installation.
E. 
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F. 
The applicant shall pay all costs associated with the yearly inspection of the community sewage system.
A. 
The collection and transportation of all sewage or septage from any improved property utilizing a Holding Tank shall be done solely by or under the direction and control of the Township, and disposal of sewage or septage shall be made only at such site or sites as may be approved by the Department. The owner shall furnish a written contract to the Township entered into between the owner and a pumper/hauler business, noncancelable in form, whereby the pumper/hauler business agrees to receive and dispose of the sewage or septage at a site or sites acceptable to the Township and DEP and not to cancel or terminate the contract for any reason except upon 120 days' written notice to the owner with a copy of such notice going to the Township.
B. 
The owner of an improved property that utilizes a Holding Tank shall:
(1) 
Obtain a permit from the Sewage Enforcement Officer in accordance with this chapter.
(2) 
Execute and deliver a Holding Tank maintenance agreement[1] to the Township in the form approved by the Township;
[1]
Editor's Note: The holding tank maintenance agreement is included as an attachment to this chapter.
(3) 
Maintain the Holding Tank in accordance with this chapter and all other applicable ordinances of the Township, the provisions of all applicable laws, and the rules and regulations of the Township and all administrative agencies of the Commonwealth of Pennsylvania; and
(4) 
Permit only a pumper/hauler business under contract with the improved property owner to collect, transport, and dispose of the contents of the Holding Tank.
All persons who own a lot upon which an OLDS is installed and all persons who occupy a lot on which an OLDS is installed shall properly use and maintain such OLDS. Proper maintenance of an OLDS shall include, at a minimum:
A. 
Following any operation and maintenance recommendations of the manufacturer of the OLDS. If the OLDS is a nonstandard system, additionally following the operation and maintenance recommendations of the manufacturer of the denitrification unit or other nonstandard equipment which is part of the OLDS.
B. 
The owner of a property upon which an on-lot system is constructed shall at all times operate and maintain the on-lot 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.
C. 
The owner of a property upon which an on-lot system is constructed shall maintain the area around such system so as to provide convenient access for inspection, maintenance and pumping and divert surface water and downspouts away from the absorption area and system components and protect the absorption area(s) from physical damage.
D. 
In the event an owner detects conditions that indicate or could reasonably be interpreted to indicate a malfunction, the owner shall contact the SEO and, if repair or replacement is necessary, apply for a permit to repair or replace the malfunctioning system.
(1) 
Owners who disclose to the SEO the presence of a malfunction upon their lands shall not be penalized for the disclosure.
(2) 
If an owner who has disclosed the presence of a malfunction fails to make voluntary repairs, the Township may seek injunctive or other relief to compel the repair of the malfunction or cause the repair to be effectuated.
E. 
Every aerobic or septic treatment tank which discharges effluent to a soil absorption area or to an individual residential spray irrigation system shall be pumped out according to the schedule established in this chapter. If a component's manufacturer requires a more frequent pumping interval than contained in this chapter, that interval shall be deemed the minimum interval for pumping.
F. 
When an on-lot system's treatment tank is pumped out, all dosing tanks, lift tanks and other tanks associated with the system shall also be pumped out.
G. 
Retaining tanks shall be pumped out at such intervals as will prevent overflow, leakage, backup, other malfunction, or a public health hazard or nuisance, but no less frequently than 12 times per year or at sufficient intervals to ensure the tank does not reach 75% capacity. Proof of pump out of Holding Tanks shall be supplied to the Township.
H. 
Upon completion of each required pumping, the pumper/hauler business shall:
(1) 
Complete a pumper report that substantially conforms to the Township's standard pumper report form;
(2) 
Deliver the original pumper report to the owner;
(3) 
Deliver a copy of the pumper report to the Township by the 10th business day of the month following the month of inspection and/or pumping;
(4) 
The pumper report shall be signed by the pumper and contain the information as shown on the Township's standard pumper report form.
I. 
In addition to the requirements for initial tank pumping, periodic tank pumping shall include an inspection of and a pumper report to the Township on forms provided by the Township regarding the presence of any or all of the following:
(1) 
Defective tank components (lids, baffles, dividers, etc.);
(2) 
Before pumping, water level above outlet pipe elevation;
(3) 
Following or during pumping, backflow from the absorption area;
(4) 
Inflow from building(s) served to verify connection to the building(s);
(5) 
Surface discharge, ponding or other signs of malfunction in the vicinity of the absorption area.
J. 
Persons undertaking the initial inspection of an on-lot system shall have successfully completed an on-lot wastewater treatment system inspector program such as those administered by the Pennsylvania Septage Management Association. The Township may accept verifiable experience or education as a substitute for the on-lot wastewater treatment system inspector program.
K. 
Any person owning a building served by an aerobic treatment tank or an on-lot system, which includes any electrically, mechanically, hydraulically or pneumatically operated or controlled devices, shall follow the maintenance recommendations of the equipment's manufacturer.
(1) 
If not on file with the Township, a copy of the manufacturer's recommendations and owner's manual shall accompany the pumper's report the first time the system is pumped after the effective date of this chapter.
(2) 
Owners of systems with components requiring periodic maintenance shall submit receipts as proof of maintenance to the Township documenting maintenance/service was performed at the intervals called for and in a manner consistent with the various components' manufacturers.
(3) 
In no case may the service or pumping intervals exceed those established in this chapter.
L. 
The Township, through its SEO, may require additional maintenance activities, including, but not limited to, cleaning or unclogging of piping, servicing or repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, and diversion of surface water away from soil absorption areas.
M. 
The owner shall provide adequate access to OLDS components to facilitate inspection and pump outs. This may include installing risers extending to grade level on the inspection ports and/or manhole portion of tanks and other components.
N. 
All water used within a residence, including kitchen and laundry wastes and water softener backwash, and all sewage shall be discharged into a treatment tank.
O. 
The Township may require the on-site pretreatment of effluents prior to their discharge to any sewage facilities operated or owned by the Township or any other entity, to assure that the effluent's chemical or biological constituents are compatible with the renovative methods employed by the receiving facilities.
P. 
No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the Commonwealth of Pennsylvania, unless a permit to discharge has been obtained from the DEP.
Q. 
Discharging only domestic sanitary sewage into an OLDS. Discharge of waste that is noncompatible with OLDS is prohibited. Noncompatible waste includes but is not limited to the following:
(1) 
Industrial waste.
(2) 
Automobile oil, other nondomestic oil, grease, nonbiodegradable soaps, detergents and/or inert materials such as coffee grounds.
(3) 
Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
(4) 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps, and french drains.
(5) 
Vehicle wash water and other potentially contaminated or clean runoff or stormwater.
(6) 
Disposable products such as diapers, tampons, and similar materials.
(7) 
Beauty shop waste other than a single-chair beauty shop in conjunction with a residential use.
All persons who own a lot which is served by a community sewage system shall properly use such community sewage system. The owner of the community sewage system shall properly maintain the community sewage system. Proper maintenance of a community sewage system shall include, at a minimum:
A. 
Inspection of the community sewage system by the Township SEO or by a Sewage Enforcement Officer certified by the Department on a bimonthly basis. Inspection reports shall contain the minimum information required for OLDS by this chapter. If the inspection is performed by a Sewage Enforcement Officer other than the Township Sewage Enforcement Officer, the property owner shall submit the inspection report prepared and signed by the Sewage Enforcement Officer to the Township within one month after the date of inspection of the community sewage system. All laboratory analyses required to be submitted by the Department or the Department's regulations shall also be submitted simultaneously to the Township to be reviewed, as appropriate, by the Sewage Enforcement Officer or his designee.
B. 
Removal of septage or sludge in accordance with Department regulations and manufacturer specifications.
C. 
Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.
D. 
Following any operation and maintenance recommendations of the manufacturer of the community sewage system.
E. 
Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in § 399-31Q of this chapter shall not be permitted to be discharged.
A. 
At least seven days before offering pumping and inspection services to property owners that will enable their compliance with the terms of this chapter, all pumper/hauler businesses shall:
(1) 
Register with the Township and comply with all reporting requirements established herein;
(2) 
Identify all employees/owners and vehicles that will provide these services in the Township;
(3) 
Operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003);
(4) 
Provide, to the Township, a current fee schedule for all services required under this chapter;
(5) 
Provide documentation that all septage pumped from properties in this Township will be delivered to a DEP-approved site or facility;
(6) 
Provide the Township with an insurance certificate showing the hauler has at least $1,000,000 per occurrence and $10,000,000 aggregate of liability insurance;
(7) 
Document that there is at least one employee/owner who has completed an on-lot wastewater treatment system inspector program such as those administered by the Pennsylvania Septage Management Association. The Township may accept verifiable experience or education as a substitute for the on-lot wastewater treatment system inspector program.
B. 
When there is a change in the personnel/employees or vehicles that provide services in accordance with this chapter, it shall be the duty and obligation of the business owner to notify the Township of the changes within seven days of the effective date of the change.
A. 
The Township is hereby divided into three districts, designated as Districts 1, 2, and 3, as illustrated on the Management District Map of the Township, as the same may be modified, which is incorporated by reference.[1]
[1]
Editor's Note: The Management District Map is on file in the Township offices.
B. 
Every on-lot system in the Township shall be inspected and every tank associated with every system shall be pumped at least one time within 36 months following the adoption of this chapter.
C. 
The requirements of this section shall become effective in a sequential manner:
Area
First Pumping and Inspection Shall Be Completed By:
1
12 months following the adoption of this chapter
2
24 months following the adoption of this chapter
3
36 months following the adoption of this chapter
D. 
After the initial inspection and pumping, all tanks in all systems shall 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. Tanks that have been subjected to more frequent pumping, by the nature of their size, loading rate or other system characteristics, should continue to receive that frequency of pumping. This chapter is not an instruction to reduce the frequency of pumping and should not be construed as such. This chapter establishes the minimum pump-out requirement for all treatment tanks that do not exhibit characteristics that indicate more frequent pumping is required.
E. 
Owners may choose to have tanks pumped out more frequently. When more frequent pump outs are undertaken in a manner consistent with this chapter, the date of the subsequent regular pump out shall be deemed to be the last day of the last month three years following the year of the voluntary pump out.
F. 
In the event that an owner fails to obtain the required initial inspection or subsequent tank pump out, the Township's authorized agent shall have the right to enter upon land for the purposes of conducting inspections required by this chapter. Prior to entry for inspection, the Township shall give advance notice either by phone, by mail to the last known address which appears in the records of the Lancaster County Tax Assessor's office, or by a written notice posted at the entrance to the structure or other place where it is likely to be seen by the owner, to enable the occupant to be personally present or be represented by an agent at the time of such entry.
G. 
Any adult occupant of a property at the time a request to enter is made by an authorized agent may waive their right of advance notice.
H. 
In the event that access to inspect the property is denied, the Township shall proceed according to law to obtain a search warrant and conduct the inspection established in this chapter.
I. 
No provision of this chapter shall require notice to be given before entry, where it can be observed from a public street that an on-lot system is malfunctioning or being operated improperly.
Any person who owns a lot upon which an OLDS or community sewage system is installed, any person who occupies a lot upon which an OLDS or community sewage system is installed, any person who owns a community sewage system, and any pumper/hauler business pumping out or otherwise maintaining an OLDS or community sewage system shall report any malfunctioning of such OLDS or community sewage system to the Township. Such report shall be made as soon as possible, but in no case later than three days after discovery of the malfunction.
In addition to all other duties of the SEO set forth in this chapter, the SEO shall have the power and duty to enforce the provisions of this chapter and to investigate any reports of malfunctioning OLDS and community sewage systems or evidence that an OLDS or community sewage system may be malfunctioning which the SEO discovers. In performing these duties, the Sewage Enforcement Officer shall have the following powers:
A. 
To conduct routine inspections of properties upon which OLDS or community sewage systems are installed as part of an administrative program to insure compliance with this chapter. Any inspections shall be performed in accordance with all applicable statutes and constitutional provisions.
B. 
To make reports as requested by the Township regarding maintenance of OLDS and community sewage systems in the Township and to suggest actions which may be taken by the Board to insure proper maintenance.
C. 
To consult with the Township Engineer and the Township Solicitor, as authorized by the Township, to assist in the enforcement of this chapter.
It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:
A. 
To install, repair, modify or alter an OLDS or a community sewage system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
B. 
To misuse or fail to maintain an OLDS or a community sewage system.
C. 
To fail to report a malfunctioning OLDS or community sewage system.
D. 
To fail to remedy a malfunctioning OLDS or community sewage system.
E. 
To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system, unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 399-25 and 399-27 of this chapter.
F. 
To place false information on or omit relevant information from an application for a permit.
G. 
To occupy or permit the occupancy of any structure served by an OLDS for which a valid permit has not been obtained as required by this chapter.
H. 
To occupy or permit the occupancy of any structure served by a community sewage system for which a valid permit has not been obtained as required by this chapter.
I. 
To fail to comply with any other provision of this chapter.
In case any improvement is constructed or any lot maintained in violation of this chapter, or any OLDS or community sewage system is installed, repaired, altered or modified prior to obtaining a permit as required by this chapter or in a manner which does not comply with such permit, or any OLDS or community sewage system is not properly maintained or the malfunction of any OLDS or community sewage system is not reported to the Township, in addition to the other remedies provided by law, the Township may commence any appropriate action or proceedings in equity to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS or community sewage system.
The following activities are hereby declared to be nuisances:
A. 
Construction of improvements on the replacement location. Such construction renders the replacement location useless and therefore jeopardizes the water quality and other natural resources of the Township. This harm to the water quality and other natural resources of the Township is a danger to the health, safety and welfare of the residents of the Township and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the First Class Township Code.
B. 
Installation, alteration or modification of an OLDS or community sewage system without having obtained a permit as required by this chapter and the regulations of the Department or, if a permit was obtained, in a manner which violates the terms of the permit.
C. 
Failure to maintain an OLDS or community sewage system as required by this chapter. All of these actions result in pollution of the waters of the commonwealth and other natural resources of the Township and constitute a danger to the health, safety and welfare of Township residents. The actual expenses of the Township in the abatement of such nuisances, plus a penalty in the amount of 25% of such expenses, shall be filed as a municipal claim against the property.
Although this chapter is intended to provide guidelines for the installation and maintenance of OLDS and community sewage systems and the identification and maintenance of a replacement location for OLDS, nothing contained herein shall be interpreted as a guarantee or warranty to applicants or other Township residents that systems installed under the provisions of this chapter will function as intended. The Township assumes no responsibility for the location and/or maintenance of OLDS or community sewage systems within the Township.
Appeals from any action of the Sewage Enforcement Officer under this chapter shall be made in writing to the Township within 15 days from the date of the written determination of the Sewage Enforcement Officer. All appeals shall be accompanied by the appeal fee established by resolution of the Board of Commissioners.
A. 
The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal period.
B. 
If the appellant desires a hearing before the Board, the appellant must request a hearing in the written appeal.
C. 
If a hearing is requested in writing, the Board shall conduct the hearing at a regular or special public meeting which occurs not less than 45 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.
D. 
The Board shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.