[Adopted 3-1-2011 by Ord. No. 11-02]
A. 
This article shall be known and may be cited as the "On-Lot Sewage System Management Ordinance for Lower Frederick Township."
B. 
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 (the "Act" or "PSFA")(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 Lower Frederick 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. The Official Sewage Facilities Plan for Lower Frederick 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.
C. 
The purpose of this article 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 penalties and appeal procedures necessary for the proper administration of a sewage management program.
A. 
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORIZED AGENT
An employee of the Township, Professional Engineer, Plumbing Inspector, Sewage Enforcement Officer or any other qualified or licensed person who is authorized to function within specified limits as an agent of Lower Frederick Township to administer or enforce the provisions of this article.
BOARD
The Board of Supervisors of Lower Frederick Township, Montgomery County, Pennsylvania.
COMMUNITY SEWAGE SYSTEM
A sewage system, 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 of disposal, or both, of the sewage on one or more of the lots or at another site.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
INDIVIDUAL SEWAGE SYSTEM
A 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 this commonwealth, or by means of conveyance to another site for final disposal.
LOT
A designed parcel, tract, or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
MALFUNCTION
A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, 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 groundwater or surface water or contamination of public or private drinking-water wells. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.
MUNICIPALITY
Lower Frederick Township, Montgomery County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provisions of adequate sewage disposal systems, adopted by the Board and approved by the Pennsylvania Department of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any sewage system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field, or by retention in a retaining tank; this term includes both individual sewage systems and community sewage systems.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
SEPTAGE
The liquid and solid materials removed from a treatment tank or tanks.
SEWAGE
Any substance that contains 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 Clean Streams Law (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001).
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by DEP who is employed by the Township or County Health Department. Such person is authorized to conduct investigations and inspections, review permit applications 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 or any other ordinance adopted by the Township or County Health Department. Only the Sewage Enforcement Officer employed by the County Health Department is authorized to administrate the sewage facilities permitting program under Chapter 72 of the regulations.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this article, the Sewage Facilities Act, the Clean Streams Law, the regulations promulgated thereunder, and such other requirements adopted by the Board to effectively enforce and administer this article.
SUBDIVISION
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 devisees, transfer of ownership, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
TOWNSHIP
Lower Frederick Township, Montgomery County, Pennsylvania.
TREATMENT TANK
A tank that provides for aerobic or anaerobic (septic) decomposition of sewage to take place prior to discharge to an absorption area. This term shall also include cesspools.
B. 
For the purposes of this article, any term which is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act and the regulations promulgated thereto.
From the effective date of this article, its provisions shall apply to all persons owning any property within Lower Frederick Township serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems.
A. 
Each person owning a building served by an on-lot sewage disposal system which contains a treatment tank shall have the treatment tank pumped within six months of the effective date of this article by a sewage pumper/hauler licensed by DEP and authorized by the Board or its agent. Thereafter, that person shall have the tank pumped at least once every three years or whenever an inspection reveals that the treatment 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 the prescribed six months and three-year pumping periods. Receipt shall include gallons pumped.
B. 
The required pumping frequency may be increased at the discretion of an authorized agent if the treatment 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. If any person can prove that such person's treatment tank had been pumped within three years of the six-month anniversary of the effective date of this article, 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.
C. 
Any person owning a property served by a treatment 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 treatment tank have been inspected and found to be in good working order, and the treatment tank lid is properly placed so as not to accept surface water runoff. Any person whose treatment tank baffles are determined to require repair or replacement shall first contact the Montgomery County Health Department's Sewage Enforcement Officer for approval of the necessary repair.
D. 
Any person owning a building served by an individual residential spray irrigation system (IRSIS), small flow treatment facility (SFTF), holding tank, community sewage system or other alternative treatment systems shall be required to maintain those systems in compliance with the existing maintenance and operations agreement for the system.
E. 
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.
A. 
No person shall operate or maintain an on-lot sewage disposal 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 for such discharge has been obtained from DEP.
B. 
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.
C. 
Within 14 days of notification by the Township that a malfunction has been identified, the property owner shall make contact with the Montgomery County Health Department's Sewage Enforcement Officer. Within 30 days of initial notification by the Township, the property owner shall submit a plan of action to the Township.
D. 
The Montgomery County Health Department's Sewage Enforcement Officer and the municipality's authorized agent shall both 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, 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.
E. 
In lieu of, or in combination with, the remedies described in Subsection D above, the Montgomery County Health Department's Sewage Enforcement Officer and the municipality's authorized agent 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.
F. 
Should none of the remedies described in this section be 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 and the Montgomery County Health Department may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
Prior to the issuance of a use and occupancy permit involving new construction, resale, or change of tenants in a dwelling using an individual on-lot sewage system, the owner shall pay to the Township a sewage management fee and, except for new construction, provide the Township with a receipt documenting the date the treatment tank was cleaned by a licensed sewage hauler. Sewage management fees shall be established by the Board.
The Township, upon written notice from the authorized agent or from the Montgomery County Health Department's Sewage Enforcement Officer that an imminent health hazard exists due to failure of property owner to maintain, repair or replace an on-lot sewage disposal 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 authorized agent or the Montgomery County Health Department's Sewage Enforcement Officer. The owner shall be charged for the work performed and the municipal claim may be pursued in assumpsit against the person or as a lien against the property or both.
A. 
All septage originating within the Township shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 et seq.) and all other applicable laws and at sites or facilities approved by DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and approved farm lands.
B. 
Pumper/haulers of septage 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. §§ 6018.101-6018.1003) and all other applicable laws.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall constitute a separate offense.