[Adopted 2-25-2009 by Ord. No. 7-2009; amended in its entirety 10-24-2018 by Ord. No. 6-2018]
A. 
This article shall be known and may be cited as "The Sewage Management Program for Silver Spring Township."
B. 
As mandated by the municipal codes, the Clean Streams Law (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), municipalities have the power and the duty 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. The Official Sewage Facilities Plan for Silver Spring Township indicates that it will 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.
C. 
The purpose of this article is to provide for the inspection, maintenance and rehabilitation of on-lot sewage systems; to further permit the Township to intervene in situations which may constitute a public nuisance or hazard to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
A. 
General terms. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Specific terms. For the purposes of this article, the terms used shall be construed to have the following meanings:
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966 (1965 P.L. 1535, No. 537), as amended; 35 P.S. § 750.1 et seq. Also referred to as "Act 537."
ALTERNATE SEWAGE SYSTEM
A demonstrated method for the treatment and disposal of sewage that meets the criteria in 25 Pa. Code § 73.72, and are described in the alternate systems guidance published by the Pennsylvania Department of Environmental Protection. Examples include composting toilets, sand filter and peat based systems, greywater systems and drip irrigation systems.
AUTHORIZED AGENT
A certified sewage enforcement officer, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of Silver Spring Township to carry out the provisions of this article.
BOARD
The Board of Supervisors of the Township.
BUILDING CODE OFFICIAL
An official agent of Silver Spring Township that is charged with the responsibility of reviewing and inspecting building design and construction to ensure compliance with the current building codes that are in force.
CODES ENFORCEMENT OFFICER (CEO)
An individual employed by the Township to administer and enforce other ordinances in the Township.
COMMUNITY SEWAGE SYSTEM
A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more of the lots or at another site.
DEP or DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
EQUIVALENT DWELLING UNIT (EDU)
For determining the number of lots in a subdivision or land development, that part of a multiple-family dwelling, commercial, industrial or institutional establishment with sewage flows equal to 400 gallons per day.
INDIVIDUAL SEWAGE SYSTEM
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 waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended; 53 P.S. § 10101 et seq.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MALFUNCTION
The condition that occurs when an on-lot sewage system discharges sewage onto the surface of the ground, into the groundwater or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health for any length of time during any time of the year. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, and surfacing sewage effluent flowing over the ground.
MUNICIPALITY
Silver Spring Township, Cumberland County, Pennsylvania.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage systems adopted by the Township and approved by the Department in accordance with Act 537 and with applicable Department regulations.
ON-LOT SEWAGE SYSTEM
Any sewage system that collects, treats and disposes of sewage in whole or in part into the soil, or for retention in a retaining tank, and which is located upon the lot that it serves.
OWNER
Any person, corporation, partnership, etc., holding deed/title to lands and/or property within Silver Spring Township.
PERSON
Any individual, association, partnership, public or private corporation whether for profit or not for profit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation whether for profit or not for profit.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or exception to the revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
PUMPER/HAULER
Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems, certified by the Pennsylvania Septic Management Association and licensed by Silver Spring Township to conduct septage pumping and hauling within the Township.
REHABILITATION
Work done to repair or replace an existing on-lot sewage system.
REPLACEMENT AREA
An area designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fails or otherwise becomes inoperable, and which shall meet all the regulations of the Department and all applicable Township ordinances for an individual on-lot sewage system and shall be protected from encroachment by an easement recorded on the final plan as filed with the Cumberland County Recorder of Deeds.
SEWAGE
Any substance that contains the waste products or excrement or other discharge from the bodies of human beings or 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.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the Pennsylvania Department of Environmental Protection in accordance with Chapter 71, Administration of Sewage Facilities Program of Title 25, Rules and Regulations, to perform percolation tests, site and soil evaluation, inspections, and issue sewage permits for on-lot sewage systems.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage.
SEWAGE MANAGEMENT
Any area or areas of the Township designated in the Act 537 Plan adopted by the Board as an area where sewage management is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements including this article, the Act, the Clean Streams Law, and all regulations and requirements adopted by the Board to enforce and administer this article. The management program shall encompass the entire area of Silver Spring Township served by on-lot sewage systems or any alternate systems which discharge into the soils of the Township. All systems shall be operated and maintained under the jurisdiction of the Silver Spring Township Board of Supervisors regulating on-lot systems and/or alternate systems and other applicable laws of this Commonwealth.
SUBDIVISION
A division of a lot, tract or other parcel of land, as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended; 53 P.S. § 10101 et seq.
TOWNSHIP
The Township of Silver Spring, Cumberland County, Pennsylvania.
C. 
Reference source. All other definitions of words and terms used in this article shall have the same meaning as set forth in Chapters 71, 72 and 73 of Title 25, Environmental Protection, Rules and Regulations, Department of Environmental Protection.
From the effective date of this article, its provisions shall apply to all persons owning any property served by an on-lot sewage system and to all persons installing or repairing on-lot sewage systems. The entire Township is, therefore, included in the management program.
A. 
No person shall install, construct or request bid proposals for construction, or repair 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 indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act and the standards adopted pursuant to that Act.
B. 
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 the municipal Sewage Enforcement Officer. If 72 hours have elapsed, excepting Saturdays, Sundays and holidays, since the Sewage Enforcement Officer issuing the permit received notification of completion of construction, the applicant may cover said system or structure, unless permission has been specifically refused by the Sewage Enforcement Officer.
C. 
The Township may require applicants for sewage permits to notify the Township's Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sewage system so that inspection(s), in addition to the final inspection required by Act 537, may be scheduled and performed by the Township's Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued by the Township or its Building Code Official for a new building which will contain sewage-generating facilities until a final sewage inspection has been obtained from the Township's Sewage Enforcement Officer.
E. 
No building or occupancy permit shall be issued and no work shall begin on any repair of any existing structure, if said repair will result in the increase or potential increase in sewage flows from the structure, until the Township's Building Code Official and the structure's owner receive from the Township's Sewage Enforcement Officer either a permit for repair of the existing sewage system or written notification that such a permit will not be required. The Sewage Enforcement Officer shall determine whether the proposed repair of the structure will result in increased sewage flows.
F. 
Sewage permits may be issued only by sewage enforcement officers employed by the Township for that express purpose. The Department of Environmental Protection shall be notified by the Township as to the identity of its currently employed Sewage Enforcement Officer.
G. 
No sewage permit may be issued unless proof is provided that the owner of record has owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the Township.
H. 
No final Act 247 approval on a subdivision plan may begin until Act 537 planning is approved by the Township.
Any person who shall install new or repaired rehabilitated systems shall provide a marker or markers at ground level locating the subsurface waste disposal tank and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Township's Sewage Enforcement Officer. In addition, a riser or access hatch shall be constructed so as to enable easy access to the waste disposal tank, prevent odors from escaping and to prevent children from removing the hatch.
A. 
Any on-lot sewage system may be inspected by the Township's SEO at any reasonable time as of the effective date of this article.
B. 
The inspection shall include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage 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. The owner will bear the cost of the inspection and the analysis of any sample(s).
C. 
A copy of the inspection report shall be furnished to the owner and current resident, which shall include all the following information that is reasonably available:
(1) 
Date of inspection.
(2) 
Name and address of system owner.
(3) 
Description and diagram of the location of the system, including location of access hatches, risers and markers.
(4) 
Size of tanks and disposal fields.
(5) 
Current occupant name.
(6) 
Indication of any system malfunction observed.
(7) 
Results of any and all soils and water tests.
(8) 
Any remedial action required.
D. 
The Sewage Enforcement Officer (SEO) shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:
(1) 
The SEO will commence a procedure to obtain a search warrant from the Magisterial District Judge.
(2) 
Upon receipt of a search warrant to inspect the property, the Sewage Enforcement Officer of the Township may be accompanied by a Township police officer, and the inspection shall be completed in accordance with this subsection.
E. 
A schedule of routine inspections may be established by the Township to assure the proper function of the septic systems in the Township.
F. 
The Sewage Enforcement Officer (SEO) shall inspect septic systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Township shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible, in the opinion of the Township or a representative of the Pennsylvania Department of Environmental Protection, action by the property owner to mitigate the malfunction shall be required.
G. 
There may arise geographic areas within the Township where numerous on-lot sewage systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Township-sponsored revision to that area's Act 537 Official Sewage Facilities Plan. When a DEP-authorized Official Sewage Facilities Plan Revision has been undertaken by the Township, mandatory repair or replacement of individual malfunctioning sewage systems within the study area may be delayed, at the discretion of the Township, pending the outcome of the plan revision process. However, the Township may require immediate corrective action whenever a malfunction, as determined by Township officials or the Pennsylvania DEP, represents a serious public health or environmental threat. The Township will attempt to minimize major repairs for specifically identified residents who will be connecting to public sewer within the next two to three years.
H. 
Inspections may be conducted as a result of a written complaint submitted by a resident of the municipality to the Township or Township's authorized agent. Persons providing a written complaint shall be required to sign a false swearing statement.
Only normal domestic wastes shall be discharged into any on-lot sewage system. 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, acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
A. 
Any person owning a building served by an on-lot sewage system which contains a septic tank shall:
(1) 
Pump the septic tank at least once every five years in accordance with the sewer management program established by the Township.
(2) 
Obtain a septic pumping permit for each pumping.
(3) 
Have the SEO present at the time of pumping.
(4) 
Have the septic tank pumped by a designated pumper/hauler within 60 days of the permit date.
B. 
The required pumping frequency may be increased at the discretion of the owner or 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. The Township may allow the owner's septic tanks to be pumped at alternating intervals after the initial pumping if the owner can demonstrate to the Township that the system can operate properly without the need for pump out for a period within five years, or the Township may allow more frequent pumping to satisfy the initial pumping requirement within the five-year period. Such a request may be made at any time and must be in writing with all supporting documents attached. The Township, in making its determination, shall take into account the information submitted by the applicant, the sewerage permit issued by the Township Sewage Enforcement Officer upon installation or repair of the system and supporting documentation, reports of inspection and maintenance of the system including documentation that the sludge depth and/or scum layer is less than 1/3 of the tank capacity as demonstrated and confirmed by a certified hauler, and other relevant information, and may conduct an on-site inspection. The applicant shall bear the cost of any inspection, surface or subsurface, and soil or wastes sampling conducted for the purposes of evaluating the request. The applicant shall receive a decision within 30 days of accumulation of all necessary information by the Township.
C. 
Any person owning a property served by a septic tank shall obtain a permit and, with each pumping receipt, a written report from the SEO or from any other qualified individual acceptable to the municipality, 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 the municipality's certified Sewage Enforcement Officer for approval of the necessary repair.
D. 
Each time a septic tank or other subsurface waste disposal system tank is pumped out, the SEO must be on site and will provide to the owner of the sewage system a signed receipt containing the following information:
(1) 
Date of pumping.
(2) 
Name and address of system owner.
(3) 
Address of tank's location, if different from owner's.
(4) 
Description and diagram of the location of the tank, including the location of any markers, risers and access hatches, and size of the tank.
(5) 
Age of the system.
(6) 
Last date of pumpout.
(7) 
List of other maintenance performed.
(8) 
Any indications of system malfunction observed.
(9) 
Amount of septage or other solid or semisolid material removed.
(10) 
Waste hauler's DEP number authorizing it to collect and haul septage in Silver Spring Township.
(11) 
List of recommendations.
(12) 
Destination of the septage (name of facility, location of land application site).
E. 
Any person owning a building served by an alternate system or on-lot sewage system that 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 submitted to the Township within six months of the effective date of this article. 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 exceed those required for septic tanks.
F. 
Any person owning a building served by a cesspool or dry-well pit privy shall secure a permit from the SEO for the installation of an on-lot sewage system. Any unapproved tanks shall be replaced with acceptable construction. Permitting shall be obtained prior to the commencement of any replacement work. See § 315-54 for violations.
G. 
The Township may require additional maintenance activity 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. Permitting may be required for this work.
H. 
The Township's Sewage Enforcement Officer (SEO) must be present on site at all scheduled tank pumpouts. The SEO will assist in accurate completion of the required paperwork and verify that the pumping is done correctly. The SEO will identify any necessary repairs and, if possible, begin the repair/inspection process at that time. The fee for this service shall be $50 for each visit by the SEO.
A. 
No person shall operate or maintain an on-lot sewage system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit to discharge has been obtained from the Pennsylvania Department of Environmental Protection.
B. 
The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning on-lot sewage system or which is discharging raw or partially treated sewage without a permit.
C. 
Within 15 days of notification by the Township that a malfunction has been identified, the property owner shall make applications to the Township's Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 60 days of initial notification by the municipality, construction of the permitted repair or replacement shall commence. Within 90 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.
D. 
The Township's Sewage Enforcement Officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of the existing system, or replacing the system's treatment tank, replacing the existing disposal area, or other alternatives as appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described above, the Sewage Enforcement Officer may recommend 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 and appliances.
F. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage 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 to the extent that it feels necessary.
The municipality, upon written notice from the Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage system as provided under the terms of this article, shall have the authority to perform or contract to have performed the work required by the Sewage Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered thereon in accordance with law.
A. 
All septage pumper/haulers operating within the Township shall be registered with the Township.
B. 
All septage originating within the Township shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands. All registered pumpers shall provide an annual licensing fee to the Township.
C. 
Septage pumper/haulers operating within the Township shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 to 6018.1003). Any septage pumper/hauler, who violates any of the provisions of this article or regulations of Silver Spring Township, the conditions of its state permit or of any state or local law governing its operation, shall, upon conviction thereof, be sentenced to pay: a) fine not exceeding $1,000 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. If any pumper/hauler shall have been convicted on two occasions of any violation of this article, or for violating the conditions of its state permit or of any state or local law governing its operation, the Board of Supervisors shall have the power to suspend said pumper/hauler from operating within the Township for a period of not less than six months or more than two years for each violation, as determined by the Township. Each day the violation continues shall constitute a separate offense.
A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to affect the purposes of this article.
B. 
The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a certified sewage enforcement officer and may include a building code official, secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage systems in the Township shall become the property of the municipality. Existing and future records shall be available for public inspection during required business hours at the Township office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the municipality's sewage management program shall be made available, upon request, for inspection by representatives of the Pennsylvania Department of Environmental Protection.
D. 
The Township Board of Supervisors shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Board of Supervisors shall establish by resolution a fee schedule, and subsequently collect fees, to cover the Township's cost of administering this program.
A. 
Appeals from decisions of the Township or its authorized agents under this article shall be made to the Township Board of Supervisors in writing within 45 days from the date of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent 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 municipality. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.
C. 
A decision shall be rendered in writing within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the release sought by the appellant shall be deemed granted.
A. 
Any person failing to comply with any provisions of this article shall be subject to a fine of not less than $1,000 and costs and not more than $5,000 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.
B. 
Failure to comply with the requirement to have the SEO provide inspection at the time of pumping will be subject to a fee of $75 and require the SEO to inspect system and verify the pumper's report.
C. 
The discharge by the Township of its obligations as set forth in this article shall create no liability upon the Township, its officials, employees or agents.
D. 
All reports, inspections, appraisals, certifications or records required or produced by the Township, its officials, employees, or agents, as required by this article, shall be for the use and benefit of the Township only and shall not be accepted, utilized or relied upon by any other person or party for the purpose of certification or otherwise.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
If any section or clause of this article shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions, which shall be deemed severable therefrom.