Definitions. All words and phrases not otherwise defined herein shall
have the meaning provided in Section 2 of the Act, 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.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
AUTHORIZED AGENT
A certified Sewage Enforcement Officer (SEO), professional
engineer or sanitarian, plumbing inspector, soils scientist, water
quality coordinator, or any other person who is designated to carry
out the provisions of this article as the agent of the Borough.
BOROUGH
The Borough of New Salem, York County, Pennsylvania.
CLEAN STREAMS LAW
The Act of June 22, 1937, P.L. 1987, No. 394, as amended,
35 P.S. § 691.1 et seq.
COUNCIL
The Council of the Borough of New Salem.
DEPARTMENT/DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
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 an alternate system.
LOT
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.
MALFUNCTION
The condition which occurs when an OLDS or community sewage
disposal discharges sewage onto the surface of the ground, into groundwaters
of the Commonwealth, into surface waters of the Commonwealth, backs
up into the building connected to the OLDS or community sewage disposal
system or otherwise causes a 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 disposal system
shall be considered to be malfunctioning if any of the conditions
set forth in this paragraph occur for any length of time during any
period of the year. If any component of the septic system (i.e., baffles)
is not functioning in compliance with DEP regulations and standards,
it shall be considered as a malfunction.
OLDS
An individual on-lot sewage disposal system.
OWNER
Any person having any legal or equitable interest in land
located within the Borough, either in whole or part, whether by deed,
sales agreement, decree, inheritance or operation of law. Whenever
the term "owner" is used in connection with any clause providing for
the imposition of a fine or penalty or the ordering of the action
to comply with the terms of this article, the term "owner" shall also
include any adult tenant or adult occupant of the land.
PERMIT
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the initial
installation of an OLDS or the repair, replacement, modification or
enlargement of an existing OLDS.
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 the 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.
PUMPER/HAULER BUSINESS
Any person approved by the York County Solid Waste Authority
and/or DEP to engage in cleaning any or all components of a community
or individual on-lot system, holding tanks, privies, aerobic tanks,
cesspools, or any other sewage disposal facility within the Borough
and evacuate and transport the septage cleaned therefrom, whether
for a fee or free of charge.
PUMPER'S REPORT/RECEIPT
A sludge/septage manifest and information form provided by
the York County Solid Waste Authority, which shall be used by all
pumper/hauler truck operators to report every pumping of an on-lot
system in the Borough.
REGULATIONS
The Pennsylvania Code, Title 25, Chapters
71, 72 and 73.
SEPTAGE
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
SEWAGE
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 animals 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.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.