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:
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.
