[Adopted 9-7-2010 by Ord. No. 1-2010]
This article shall be known and may be cited as the "New Salem
Borough On-Lot Sewage Management Program Ordinance."
In accordance with municipal codes, the Clean Streams Law (Act
of June 27, 1937, P.L. 1987, No. 394 as amended, 35 P.S. §§ 691.1
to 691.1001), 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), and Environmental Protection Regulations set forth
in 25 Pa. Code, § 71.73, it is the responsibility of New
Salem Borough to take actions necessary to provide for adequate sewage
treatment facilities and for the protection of the public by preventing
the discharge of untreated or inadequately treated sewage. It is the
intent of the Council 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 results in the pollution
of the water quality and other natural resources of the Borough. On-lot
sewage disposal systems should be pumped out on a regular basis, and
it is the responsibility of all owners to ensure such maintenance
is performed.
A.
Word usage. In the interpretation of this article, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
B.
ACT
AUTHORIZED AGENT
BOROUGH
CLEAN STREAMS LAW
COUNCIL
DEPARTMENT/DEP
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LOT
MALFUNCTION
OLDS
OWNER
PERMIT
PERSON
PUMPER/HAULER BUSINESS
PUMPER'S REPORT/RECEIPT
REGULATIONS
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
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.
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.
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.
The Borough of New Salem, York County, Pennsylvania.
The Act of June 22, 1937, P.L. 1987, No. 394, as amended,
35 P.S. § 691.1 et seq.
The Council of the Borough of New Salem.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
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.
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 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.
An individual on-lot sewage disposal system.
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.
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.
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.
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.
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.
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
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
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.
The Sewage Enforcement Officer of the Borough (SEO).
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
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 nonconventional system, additionally
following the operation and maintenance recommendations of the manufacturer
of the denitrification unit or other nonconventional 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. Owners who disclose
to the SEO the presence of a malfunction upon their lands shall not
be penalized for the disclosure. If an owner who has disclosed the
presence of a malfunction fails to make voluntary repairs, the Borough
may seek injunctive or other relief to compel the repair of the malfunction
or cause the repair to be effectuated.
E.
Every septic treatment tank which discharges effluent to a soil absorption
area shall be pumped out according to the schedule established in
this article. If a component's manufacturer requires a more frequent
pumping interval than contained in this article, 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.
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 device, shall
follow the maintenance recommendations of the equipment's manufacturer.
(1)
If not on file with the Borough, 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 article.
(2)
Owners of systems with components requiring periodic maintenance
shall submit receipts as proof of maintenance to the Borough SEO 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 article.
H.
The Borough, 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.
I.
The owner shall provide adequate access in accordance with DEP regulations
and standards 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.
J.
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.
K.
The Borough may require the on-site pretreatment of effluents prior
to their discharge to any sewage facilities operated or owned by the
Borough or any other entity, to ensure that the effluent's chemical
or biological constituents are compatible with the renovative methods
employed by the receiving facilities.
L.
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.
M.
Discharging only domestic sanitary sewage into an OLDS. The following
types of waste shall not be discharged into an OLDS:
(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 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.
(8)
Abattoir or butcher shop waste.
The Council may, by motion or resolution, establish or amend
a fee schedule and collect fees to cover the Borough's and Borough
SEO's actual costs of administering this article.
A.
Every on-lot system in the Borough shall be inspected by the Borough
SEO or an authorized agent of the Borough, and every tank associated
with every system shall be pumped at least one time by the end of
calendar year 2011. In the event that the owner has had an on-lot
system pumped and inspected within the 24-month period immediately
preceding the date of enactment of this article, this pumping and
inspection may be considered the initial inspection and pumping upon
satisfactory review of documentation by the SEO.
B.
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. In accordance with 25 Pa. Code § 71.73(b)(2)(i),
the Borough, upon written request of the property owner, with a positive
recommendation from the SEO, may permit a sewage system to be pumped
less frequently if the tank is inspected and in full compliance, and
the inspection reveals that the treatment tanks are filled with solids
to a level less than 1/3 of the liquid depth of the tank or with scum
less than 1/3 of the liquid depth of the tank. In making this determination,
the Borough shall consider the capacity of the septic tank, the volume
of wastewater as related to the size of the household, and the amount
of solids in the wastewater. However, in no case shall intervals between
pumping exceed six years. A formal decision on the request shall be
taken by the Borough no less than 60 days from the date of the receipt
of the written request, and communicated to the applicant, in writing,
within five days of the date of the decision. 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 article is not an instruction to reduce
the frequency of pumping and should not be construed as such. This
article establishes the minimum pump-out requirement for all treatment
tanks that do not exhibit characteristics that indicate more frequent
pumping is required.
C.
The initial inspection shall meet all the requirements of this article.
D.
Owners may choose to have tanks pumped out more frequently. When
more frequent pump-outs are undertaken in a manner consistent with
this article, 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.
E.
Inspections may also include, but are not limited to:
(1)
Taking of samples from surface water, wells, and other groundwater
sources;
(2)
Sampling of the contents of the sewage disposal system;
(3)
Introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and/or ultimate destination
of wastewater generated in the structure.
F.
In the event that the property owner refuses to permit access to
inspect the OLDS, it shall be a violation of this article and the
Borough shall proceed according to law to conduct the inspection established
in this article.
G.
No provision of this article 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 septage hauler pumping out or otherwise maintaining
an OLDS or community sewage system shall report any malfunctioning
of such OLDS or community sewage system to the Borough. 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 Sewage Enforcement Officer
set forth in this article, the Sewage Enforcement Officer shall have
the power and duty to enforce the provisions of this article and to
investigate any reports of malfunctioning OLDS or evidence that an
OLDS may be malfunctioning which the Sewage Enforcement Officer discovers.
In performing these duties the Sewage Enforcement Officer shall have
the following powers:
A.
To conduct routine inspections of properties upon which OLDS are
installed as part of an administrative program to insure compliance
with this article. Any inspections shall be performed in accordance
with all applicable statutes and constitutional provisions.
B.
To make reports as requested by the Council regarding maintenance
of OLDS in the Borough and to suggest actions which may be taken by
the Council to insure proper maintenance.
C.
To consult with the Borough Engineer and the Borough Solicitor, as
authorized by the Board, to assist in the enforcement of this article.
A.
It shall be a violation of this article to commit or permit any other
person to commit any of the following acts:
(1)
To install, repair, modify or alter an OLDS prior to obtaining a
permit or in a manner which violates the terms and conditions of any
permit.
(2)
To misuse or fail to maintain an OLDS.
(3)
To fail to report a malfunctioning OLDS.
(4)
To fail to remedy a malfunctioning OLDS.
(5)
To construct any improvements upon, grade, or take any other action
which will render a replacement location unsuitable for installation
of an OLDS unless the Sewage Enforcement Officer has approved an alternate
replacement location in accordance with provisions found in the New
Salem Borough Code of Ordinances or DEP standards and regulations.
(6)
To place false information on or omit relevant information from an
application for a permit.
(7)
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
article.
(8)
To fail to comply with any other provision of this article.
B.
Any person who violates or permits the violation of any provision
of this article; or who shall use, maintain or alter an OLDS in violation
of any permit issued by the Sewage Enforcement Officer; or who shall
fail to remedy or who shall negligently or improperly remedy any health
hazard; or who shall fail to completely implement a plan to remedy
a health hazard which has been reviewed and approved by the Sewage
Enforcement Officer shall be liable upon summary conviction therefore
to fines and penalties of not more than $1,000 plus all costs of prosecution,
which fines and penalties may be collected as provided by law. All
fines and penalties collected for violations of this article shall
be paid over to the Borough. Each day that a violation continues and
each section of this article which is violated constitutes a separate
violation.
In case any improvement is constructed or any lot maintained
in violation of this article, or any OLDS is installed, repaired,
altered or modified prior to obtaining a permit as required by this
article or in a manner which does not comply with such permit, or
any OLDS is not properly maintained or the malfunction of any OLDS
is not reported to the Borough, in addition to the other remedies
provided by law, the Borough 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.
A.
The following activities are hereby declared to be violations:
(1)
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 Borough. This
harm to the water quality and other natural resources of the Borough
is a danger to the health, safety and welfare of the residents of
the Borough and is hereby declared to be a nuisance and abatable as
such in accordance with the provisions of the Borough Code.
(2)
Installation, alteration or modification of an OLDS without having
obtained a permit as required by this article and the regulations
of the Department, or, if a permit was obtained, in a manner which
violates the terms of the permit.
(3)
Failure to pump or maintain an OLDS, or failure to permit an inspection
as required by this article.
B.
All of these actions result in pollution of the waters of the Commonwealth
and other natural resources of the Borough and constitute a danger
to the health, safety and welfare of Borough residents. The actual
expenses of the Borough in the abatement of such violations plus a
penalty in the amount of 25% of such expenses shall be filed as a
municipal claim against the property.
Although this article is intended to provide guidelines for
the maintenance of OLDS, nothing contained herein shall be interpreted
as a guarantee or warranty to applicants or other Borough residents
that systems installed under the provisions of this article will function
as intended. The Borough assumes no responsibility for the location
and/or maintenance of OLDS within the Borough.
Appeals from any action of the Sewage Enforcement Officer under
this article shall be made in writing to the Borough Council 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 Borough Council.
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 Council shall conduct the
hearing at a regular or special public meeting which occurs not less
than 14 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.
D.
The Council shall render a decision on the appeal in accordance with
the provisions of the Local Agency Law.
In the event any provision, section, sentence, clause, or part
of this article shall be held to be invalid, illegal, or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality,
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses, or parts of this article, it being the
intent of the Council that the remainder of the Article shall be and
shall remain in full force and effect.
This article shall supersede and repeal any ordinance or resolution
or part of any ordinance or resolution inconsistent herewith.
