[Ord. 2010-8, 10/7/2010, § I]
1.
This Part
shall be known any may be cited as "An Ordinance Providing for a Sewage
Management Program for Upper Macungie Township."
2.
In accordance
with municipal codes, the Clean Streams Law (Act of June 22, 1937,
P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001),
and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966,
P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as Act
537), it is the power and the duty of the Township to provide for
adequate sewage treatment facilities and for the protection of the
public health by preventing the discharge of untreated or inadequately
treated sewage.
3.
The Official
Sewage Facilities Plan for Upper Macungie 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.
4.
The purpose
of this Part is to provide for the regulation, inspection, maintenance
and rehabilitation of on-lot sewage disposal systems; to further permit
intervention in situations which may constitute a public nuisance
or hazard to the public health; and to establish and appeal procedures
necessary for the proper administration of a sewage management program.
[Ord. 2010-8, 10/7/2010, § II]
For the purposes of this Part, any term not defined herein shall
have that meaning found in the Sewage Facilities Act; the Municipalities
Planning Code and regulations promulgated thereto, unless the context
clearly indicates otherwise.
A Sewage Enforcement Officer, or professional engineer, or
code enforcement officer who is authorized to function as an agent
of the Township to administer or enforce the provisions of this Part.
The Board of Supervisors of Upper Macungie Township, Lehigh
County, Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
Any system of piping, tanks or other facilities serving a
single lot and collecting and disposing of sewage in whole or in part
into the soil or into any waters of the Commonwealth.
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this Commonwealth or into surface waters of this Commonwealth,
backs up into a building connected to the system or in any manner
causes a nuisance or hazard to the public health or pollution of ground-
or surface water or contamination of public or private drinking water
wells. A system shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
Upper Macungie Township, Lehigh County, Pennsylvania.
A comprehensive plan for the provision of an adequate sewage
disposal system adopted by the Board and approved by the DEP, pursuant
to the Pennsylvania Sewage Facilities Act.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
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
or municipal, public or private corporation for profit or not for
profit.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems and who has registered with
the Township and a current member in good standing of the Pennsylvania
Septage Management Association.
The work done to modify, alter, repair, enlarge or replace
an existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
the installation of an on-lot sewage disposal system, which is reserved
to allow that installation in the event of the malfunction of the
presently installed on-lot sewage disposal system.
The sewage, residual scum and sludge pumped from on-lot disposal
systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances 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 Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Streams Law," as amended.
A person certified by DEP who is appointed by the Township.
Such person is authorized to conduct investigations and inspections,
review permit applications, issue or deny permits and do all other
activities as may be provided for such person in the Sewage Facilities
Act, the rules and regulations promulgated thereunder and this Part
or any other ordinance adopted by the Township.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted the Board as an area for which a Sewage
Management Program and Ordinance is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated there under
and such other requirements adopted by the Board to effectively enforce
and administer this Part.
A document issued for the local agency by the SEO when proper
application, fee, test results, field investigations, a suitable system
design and other requested information by the Township have all been
provided to the SEO in accordance with Pa. Code Title 25, Chapter
72, and the Administration of Sewage Facilities Permitting Program.
The division or subdivision of a lot, tract or parcel of
land into two or more lots, tracts, parcels or other divisions of
land, including changes in existing lot lines. The enumerating of
lots shall include as a lot that portion of the original tract or
tracts remaining after other lots have been subdivided therefrom.
For the purpose of this Part, this term shall also mean a land development.
Upper Macungie Township, Lehigh County, Pennsylvania.
[Ord. 2010-8, 10/7/2010, § III]
From the effective date of this Part, it shall apply to all
persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
[Ord. 2010-8, 10/7/2010, § IV]
1.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or community sewage system or
construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system
or community sewage system is to be installed without first obtaining
a permit from the Sewage Enforcement Officer, which permit shall indicate
that the site and the plans and specifications of such system are
in compliance with the provisions of the Clean Streams Law (35 P.S. §§ 691.1
to 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.) and the regulations adopted pursuant to those Acts.
2.
No system or structure designed to provide individual or community
sewage disposal shall be covered from view until approval to cover
the same has been given by a Sewage Enforcement Officer.
3.
The Sewage Enforcement Officer will require notification of the schedule
for construction of the permitted on-lot sewage disposal system so
that inspections(s) in addition to the final inspection required by
the Sewage Facilities Act may be scheduled and performed by a Sewage
Enforcement Officer.
4.
No building or occupancy permit shall be issued for a new building
which will contain sewage-generating facilities until a valid sewage
permit has been obtained from the Sewage Enforcement Officer.
5.
No building permit or occupancy permit shall be issued and no work
shall begin on any alternation or conversion of any existing structure;
if said alteration or conversion will result in the increase or potential
increase in sewage flows, that will require an alteration or replacement
of the existing sewage disposal system, until either the property
owner receives a permit for the alteration or replacement of the existing
sewage disposal system or until the appropriate officials of the Township
receive written notification from the Sewage Enforcement Officer that
such a permit will not be required. The Sewage Enforcement Officer
shall determine whether the proposed alteration or conversion of the
structure will result in increased sewage flows.
6.
Sewage permits may be issued only by a Sewage Enforcement Officer
appointed by the Township. DEP shall be notified as to the identity
of each Sewage Enforcement Officer appointed by the Township.
7.
Replacement areas for each lot or developed property or subdivisions
or land developments existing or proposed within the sewage management
district shall provide for the testing, identification and reservation
of a replacement area of each lot suitable for the installation of
a replacement on-lot sewage disposal system. This requirement is in
addition to the testing, identification and reservation of an area
for the primary on-lot sewage disposal system.
8.
No sewage permit shall be issued for any proposed on-lot sewage disposal
system on any newly created or subdivided property in any sewage management
district unless and until a replacement area is tested, approved and
reserved. All subdivision plans must show the location of two approved
on-lot disposal sewage sites on each lot.
[Ord. 2010-8, 10/7/2010, § V]
1.
Should any on-lot sewage disposal system be malfunctioning or alleged
to be malfunctioning, the Township and/or its authorized agent shall
have the right to inspect said property and its on-lot sewage disposal
system in order to assure the proper functionality of the system.
Such routine inspections will be conducted after twenty-four-hour
notice is given to the property owner.
2.
An authorized agent shall have the right to enter upon land for the
purpose of inspections described in this Section, with said inspections
occurring during regular working hours.
3.
Such inspection may include a physical tour of the property, the
taking of samples from surface water, wells or other groundwater sources,
the sampling of the contents of the sewage disposal system itself
and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and ultimate
destination of wastewater generated in the structure.
4.
Following each inspection, the Township shall furnish the owner of
each property with written report of said inspection. The Township
shall maintain a copy of the report in its records.
5.
Should said inspections reveal that the system is indeed malfunctioning,
the authorized agent shall order action to be taken to correct the
malfunction. If total correction cannot be done in accordance with
the regulations of DEP, including, but not limited to, those outlined
in Chapter 73 of Title 25 of the Pennsylvania Code, or is not technically
or financially feasible in the opinion of the authorized agent and
a representative of DEP, then action by the property owner to mitigate
the malfunction shall be required.
6.
If there is a geographic area where numerous on-lot sewage disposal
systems are malfunctioning, a resolution of these area-wide problems
may necessitate detailed planning and a revision to the portion of
the Sewage Facilities Plan pertaining to the areas affected by such
malfunctions. If a DEP-authorized Official Sewage Facilities Plan
Revision has been undertaken, repair or replacement of individual
malfunctioning sewage disposal systems within the area affected by
the revision may be delayed, pending the outcome of the plan revision
process. However, immediate corrective action will be compelled whenever
a malfunction, as determined by the Township officials and/or DEP,
presents a serious public health or environmental threat.
[Ord. 2010-8, 10/7/2010, § VI]
1.
Only normal domestic waste shall be discharged into any on-lot sewage
disposal system.
2.
The following shall not be discharged into the system.
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including but not limited
to, pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents.
D.
Clean surface or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
[Ord. 2010-8, 10/7/2010, § VII]
1.
Every person owning a building/structure served by an on-lot sewage
disposal system which contains a septic tank shall have the septic
tank cleaned out by pumping by a registered and qualified pumper/hauler
at least once every three years.
2.
In order to ensure that each on-lot sewage disposal system is cleaned out by pumping at least every three years, the Township shall implement a schedule whereby property owners shall be notified, in advance, that they shall be required to undertake the maintenance requirements of Subsection 1 hereinabove. Said inspections shall be scheduled using Sewer Management Districts and shall start with Sewage Management District 1, followed by District 2, then District 3, after which said inspection cycle shall be repeated. After notification by the Township, all property owners shall comply with the requirements of this Part no later than December 31 of the notification year. A map showing the properties within the various Sewage Management Districts is on file at the Township Office. The Sewage Management Districts can be modified from time to time at the discretion of the Sewage Enforcement Officer and the Township.
3.
Thereafter that person shall have the tank pumped at least once every
three years or whenever an inspection reveals that the septic tank
is filled with solids or with scum in excess of 1/3 of the liquid
depth of the tank. Receipts from the pumper/hauler shall be submitted
to the Township within 30 days of pumping.
4.
The required pumping frequency may be increased at the discretion
of an authorized agent if the septic tank is undersized; if solids
buildup in the tank is above average; if the hydraulic load on the
system increases significantly above average; if a garbage grinder
is used in the building; if the system malfunctions; or for other
good cause shown.
5.
If any person can prove that such person's septic tank had been pumped
within three years of the six-month anniversary of the effective date
of this Part, then that person's initial required pumping may be delayed
to conform to the general three-year frequency requirement except
where an inspection reveals a need for more frequent pumping frequencies.
6.
Any person owning a building/structure served by a septic tank shall
submit, with each required pumping receipt, a written statement from
the pumper/hauler, or from any other qualified individual acceptable
to the Township, that the baffles in the septic tank have been inspected
and found to be in good working order. Any person whose septic tank
baffles are determined to require repair or replacement shall first
contact a Sewage Enforcement Officer for approval of the necessary
repair.
7.
Any person owning a building/structure served by an on-lot sewage
disposal system which contains an aerobic treatment tank shall follow
the operation and maintenance recommendations of the equipment manufacturer.
A copy of the manufacturer's recommendations and a copy of the service
agreement shall be provided to the Township. Thereafter, service receipts
shall be submitted to the Township at the intervals specified by the
manufacturer's recommendations. In no case may the service or pumping
intervals for aerobic treatment tanks exceed those required for septic
tanks.
8.
Any person or landowner owning a building/structure served by a cesspool
or dry well shall have that on-lot disposal system cleaned and pumped
according to the requirements for a septic tank. As an alternative
to this scheduled pumping of the cesspool or dry well, the landowner
may secure a sewage permit from the Sewage Enforcement Officer for
a septic tank to be installed preceding the cesspool or dry well.
For a system consisting of a cesspool or dry well preceded by an approved
septic tank, only the septic tank must be pumped as the prescribed
interval. Any on-lot septic system cleaning and pumping of the cesspool
or dry well shall include an inspection of the sidewalls of the cesspool
or dry well. If the side walls are in need of repair, as determined
by the pumper/hauler and/or the Sewage Enforcement Officer, the property
owner is responsible to make the repairs to ensure completion of documentation
of cleaning.
9.
Additional maintenance activity may be required as needed, including,
but not necessarily limited to, cleaning and unclogging of piping,
servicing and the repair of mechanical equipment, leveling of distribution
boxes, tanks and lines, removal of obstructing roots or trees, the
diversion of surface water away from the disposal area, etc.
10.
An on-lot sewage disposal system certification form, as established
by DEP or on the pumper/hauler's own form approved by the Township,
shall be submitted to the Township immediately after each pump out,
either by the pumper/hauler or the property owner. The property owner
shall retain a copy for his or her records.
11.
The Township may require the installation of water conservation devices
and other methods to improve on-lot disposal system operations or
become a requirement by adoption of ordinance regarding such devices
and methods.
[Ord. 2010-8, 10/7/2010, § VIII]
1.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner so that it malfunctions. All liquid wastes, including
kitchen and laundry waste softener backwash, shall be discharged to
a treatment tank. No sewage system shall discharge untreated sewage
to the surface of the ground or into the waters of the Commonwealth
unless a permit for such discharge has been obtained from DEP.
2.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging sewage without
a permit.
3.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the Sewage Enforcement Officer for a permit to repair or replace the
malfunctioning system. Within 30 days of initial notification by the
Township, construction of the permitted repair or replacement shall
commence. Within 60 days of the original notification by the Township,
the construction shall be completed unless seasonal or unique conditions
mandate a longer period, in which case the Township shall set an extended
completion date.
4.
A Sewage Enforcement Officer shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repair or replacement of components of the existing system, adding
capacity or otherwise altering or replacing the system's treatment
tank, expanding the existing disposal areas, replacing the existing
disposal area, replacing a gravity distribution system with a pressurized
system, replacing the system with a holding tank, or any other alternative
appropriate for the specific site.
5.
In lieu of, or in combination with, the remedies described above,
a Sewage Enforcement Officer may require the installation of water
conservation equipment and the institution of water conservation practices
in structures served. Water-using devices and appliances in the structure
may be required to be retrofitted with water-saving appurtenances
or they may be required to be replaced by water-conserving devices.
6.
In the event that the rehabilitation measures are not feasible or
effective, the owner may be required to apply to DEP for a permit
to install an individual spray irrigation treatment system or a single
residence treatment and discharge system. Upon receipt of said permit,
the owner shall complete construction of the system within 30 days.
7.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing on-lot sewage disposal
system, the property owner is not absolved of responsibility for that
malfunction, the Township may require whatever action is necessary
to lessen or mitigate the malfunction. This may include a connection
to a public system regardless of the distance to such a system or
the vacating of the structure.
[Ord. 2010-8, 10/7/2010, § IX]
The Township, upon written notice from the Sewage Enforcement
Officer that a imminent health hazard exists due to failure of a property
owner to maintain, repair or replace an on-lot sewage disposal system,
as provided in this Part, shall have the authority to perform, or
contract to have performed, the work required by the Sewage Enforcement
Officer. The property owner shall be charged for the work performed
and, if necessary, a lien shall be entered therefor in accordance
with the law.
[Ord. 2010-8, 10/7/2010, § X]
1.
All septage originating within the Sewage Management District shall
be disposal of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
et seq.), latest revision, and all other applicable laws and at sites
or facilities approved by DEP. The pumper/hauler shall provide a list
of approved disposal sites, that they have contracted with to dispose
of the septage.
2.
The pumper/hauler of septage operating within the Sewage Management
District shall operate in a manner consistent with the provision of
the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S.
§§ 6018.101 to 6018.1003), latest revision, and all
other applicable laws.
[Ord. 2010-8, 10/7/2010, § XI]
1.
The Township shall issue a written notice of violation to any person
who is the property owner if the Township has not received from the
property owner and pumper/hauler on-lot sewage system certification
forms proving that their septic tank, cesspool or dry well or tank
has been cleaned and pumped within the time limits as specified by
this Part.
2.
Within 30 days of the notice of violation by the Township, the property
owner shall have said septic tank, cesspool or dry well or tank cleaned
and pumped. Failure to comply with the notice of violation shall be
considered a violation of this Part.
3.
Any person or property owner interfering with the pumper/hauler's
responsibility to notify the Township under this Part shall be in
violation and susceptible to all penalties herein. As set forth in
this Part, the property owner of the building shall ensure that the
pumper/hauler supplies the Township with the certification form of
pumping the on-lot disposal system.
[Ord. 2010-8, 10/7/2010, § XI]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
2.
Any permits, records, report, files and other written materials relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems in the Sewage Management District shall
become the property of and be maintained by the Township. Existing
and future records shall be available for public inspection during
regular hours at the official office of the Township. All records
pertaining to sewage permits, building permits, occupancy permits
and all other aspects of the sewage management program shall be made
available, upon request, for inspection by representatives of DEP.
3.
The Township shall establish all administrative procedures necessary
to properly carry out the provisions of this Part.
4.
The Township may establish a fee schedule, by resolution, and authorize
the collection of fees by any appropriate method, including the use
of municipal liens to cover the cost to the Township of administering
this Part.
[Ord. 2010-8, 10/7/2010, § XII]
1.
In addition to remedies available under the Pennsylvania Sewage Facilities
Act as it relates to nuisances, violations of the Act or interference
with any officer, agent or the Township itself, the Township may assess
civil penalties after providing notice of such penalties or assessments.
2.
The Township may assess the cost of damages caused by violations
of this Part or the Pennsylvania Sewage Facilities Act, applicable
fines and penalties, the cost of correcting such violation(s), as
well as legal fees, costs of enforcement and fees incurred to hold
hearings.
3.
The Township or authorized agent shall provide notice of violations
of this Part or the Sewage Facilities Act and the proposed assessment
of penalty.
[Ord. 2010-8, 10/7/2010, § XIII]
1.
Appeals from final decisions of the Township or any of its authorized
agents under this Part shall be made to the Board of Supervisors in
writing within 30 days from the date of written notification of the
decision in question.
2.
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting if a written appeal
is received at least 14 days prior to that meeting. If the appeal
is within 14 days of the next regularly scheduled meeting, the appeal
shall be heard at the next regularly scheduled meeting. The Township
shall thereafter affirm, modify, or reverse the aforesaid decision.
The hearing may be postponed for a good cause shown by the appellant
or the Township. Additional evidence may be introduced at the hearing,
provided that it is submitted with the notice of appeal.
3.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
[Ord. 2010-8, 10/7/2010, § XIV]
Any person failing to comply with any provision of this Part
shall be subject to a fine of not less than $500, and costs, and not
more than $1,000, and costs, or in default thereof shall be confined
in the county jail for a period of not more than 90 days. Each day
of noncompliance shall constitute a separate offense.
