A.
Word usage. In the interpretation of this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B.
Definitions. All words and phrases not otherwise defined herein shall have the meanings provided in Section 2 of the Act,[1] 35 P.S. § 750.2, Section 71.1 of the Department's regulations, 25 Pa. Code § 71.1, or Section 73.1 of the Department's regulations, 25 Pa. Code § 73.1, or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as each may be amended or supplemented.
[1]
Editor's Note: The Pennsylvania Sewage Facilities Act.
C. ABSORPTION AREA EASEMENT ACT ALLOWABLE INDUSTRIAL WASTE AUTHORITIES ACT AUTHORIZED AGENT BOARD CITY OF LANCASTER CLEAN STREAMS LAW COMMUNITY SEWAGE SYSTEM DEPARTMENT/DEP DEVELOPER DEVELOPMENT DEVELOPMENT PLAN IMPROVED PROPERTY INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS) INDUSTRIAL WASTE LAND DEVELOPMENT(1) (a) (b) (2) LASA LOT MALFUNCTION NONSTANDARD SYSTEM OCCUPIED BUILDING OFFICIAL PLAN OLDS OWNER PERMIT PERSON PLANNING MODULE FOR LAND DEVELOPMENT PRIMARY AREA PRIVATE DWELLING OR LIVING UNIT PROPERTY ACCESSIBLE TO THE SEWER SYSTEM PUMPER/HAULER BUSINESS PUMPER'S REPORT/RECEIPT REGULATIONS REPLACEMENT LOCATION RETAINING TANK(1) (2) (3) (4) (5) (6) SEPTAGE SEWAGE SEWAGE ENFORCEMENT OFFICER (SEO) SEWAGE TREATMENT PLANT SEWER SEWER SYSTEM SINGLE AND SEPARATE OWNERSHIP SOIL ABSORPTION SYSTEM SUBDIVISION TOWNSHIP
Unless the context of this chapter specifically indicates otherwise, the following terms used in this chapter shall mean:
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.
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.
The Municipality Authorities Act of 1945, Act of May 2, 1945 (P.L. 382, No. 164),[2] as amended, and as supplemented, modified or restated by Act of June 19, 2001 (P.L. 287, No. 2001-02), as amended.
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 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.
The City of Lancaster, Lancaster County, Pennsylvania.
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.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
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.
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.
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.
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.
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."
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.
The improvements of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
The Lancaster Area Sewer Authority, a municipal authority organized and existing under the Authorities Act.
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.
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.
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.
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.
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.
An individual on-lot sewage disposal system.
Any person vested with an ownership interest, legal or equitable, sole or partial, in any property located in this Township.
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.
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.
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.
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.")
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.
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.
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.
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.
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.
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:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
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.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
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.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge and other materials pumped from septic or aerobic treatment tanks and the systems they serve.
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.[3]
The Sewage Enforcement Officer of the Township.
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.
Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
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.
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.
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.
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.
The Township of Manheim, Lancaster County, Pennsylvania.