[Ord. No. 1200, § 1, 10-15-1996]
(a)
This article shall be known and may be cited as a [the] "Sewage Management
Program for Plymouth Township."
(b)
In accordance with the Clean Streams Law (Act of June 27, 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 Plymouth 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. Plymouth
Township hereby implements 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 new on-lot sewage disposal 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.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
AUTHORIZED AGENT
COMMUNITY SEWAGE SYSTEM
COUNCIL
COUNTY
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall the meanings indicated:
A sewage enforcement officer, employee of the Township or
Montgomery County Pennsylvania ("county"), professional engineer,
plumbing inspector, or any other qualified or licensed person who
is authorized to function within specified limits as an agent of the
Township or the county to administer or enforce the provisions of
this article.
Any system privately owned, for the collection of sewage
from two (2) or more lots, and the treatment and/or disposal of the
sewage on one or more lots or at any other site.
The Council of the Township of Plymouth, Montgomery County,
Pennsylvania.
The Commissioners of Montgomery County, Pennsylvania and
its department of health.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania ("DEP").
A system of piping, tanks or other facilities servicing a
single lot and collecting and disposing of sewage in whole or in part
into the soil or into any waters of this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, 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. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by council 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 installed after the effective
date of this article. 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
agency or municipal, public or private corporation for profit or not
for profit.
Work done to modify, alter, repair, enlarge or replace an
on-lot sewage disposal system.
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 employed by the county.
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 or
any other ordinance adopted by the township or county.
Any area or areas within the township.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulation promulgated thereunder
and such other requirements adopted by council to effectively enforce
and administer this article.
The division or redivision of a lot, tract or other parcel
of land into two (2) 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.
The Township of Plymouth, Montgomery County, Pennsylvania.
(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.
[Ord. No. 1200, § 1, 10-15-1996]
From the effective date of this article, its provision shall
apply to all new on-lot sewage disposal systems and any alteration
or conversion of such sewage disposal system within the township.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
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 is to be installed without first obtaining a permit
from the SEO, 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 and the Pennsylvania Sewage Facilities Act
and the regulations adopted pursuant to those acts.
(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 SEO. If seventy-two (72) hours have
elapsed, excepting Saturdays, Sundays and legal holidays, since the
SEO 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 SEO.
(c)
Applicants for sewage permits may be required to notify the SEO of
the schedule for construction of a permitted on-lot sewage disposal
system so that inspection(s) in addition to the final inspection required
by the Sewage Facilities Act may be scheduled and performed by the
SEO.
(d)
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 SEO.
(e)
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure, if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until either the structure's
owner receives a permit for alteration or replacement of the existing
sewage disposal system or until the structure's owner and the appropriate
officials of the township receive written notification from the SEO
that such a permit will not be required. The SEO shall determine whether
the proposed alteration or conversion of the structure will result
in increased sewage flows.
(f)
Sewage permits may be issued only by the SEO.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
Any on-lot sewage disposal system may be inspected by an authorized
agent at any reasonable time as of the effective date of this article.
(b)
Such inspection may 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 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.
(c)
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section.
(d)
An initial inspection shall be conducted by an authorized agent within
one year of the effective date if this article for the purpose of
determining the type and functional status of each sewage disposal
system in the sewage management district. A written report shall be
furnished to the owner of each property inspected and a copy of said
report shall be maintained in the township and/or county.
(e)
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the sewage management
district. All on-lot sewage disposal systems shall be inspected at
least once every three (3) years.
(f)
An authorized agent shall inspect systems known to be, or alleged
to be, malfunctioning. 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.
(g)
There may arise geographic areas where numerous on-lot sewage disposal
systems are malfunctioning. A resolution of these areawide problems
may necessitate detailed planning and a revision to the portion of
the sewage facilities plan pertaining to areas affected by such malfunctions.
When a DEP authorized official sewage facilities plan revision has
been undertaken, mandatory 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 may be compelled whenever a malfunction,
as determined by township and/or county officials and/or the DEP,
represents a serious public health or environmental threat.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(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.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
Each person owning a building served by an on-lot sewage disposal
system which contains a septic tank shall have the tank pumped at
least once every three (3) years or whenever an inspection reveals
that the septic tank is filled with solids or with scum in excess
of one-third (1/3) of the liquid depth of the tank. Receipts from
the pumper/hauler shall be submitted to the township and/or county
within the prescribed three (3) year pumping periods.
(b)
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.
(c)
Any person owning a property 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
and/or county 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 SEO for approval of the necessary repair.
(d)
Any person owning a building 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 submitted to the township and/or county within six (6) months
of the effective date of the installation of the system. Thereafter,
service receipts shall be submitted to the township and/or county
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.
(e)
Any person owning a building served by a cesspool or dry well shall
have that system pumped according to the schedule prescribed for septic
tanks. As an alternative to this scheduled pumping of the cesspool
or dry well, the owner may apply for a sewage permit from the SEO
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 at the prescribed
interval.
(f)
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, and as otherwise
required by the SEO.
[Ord. No. 1200, § 1, 10-15-1996]
(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 raw or partially
treated sewage without a permit.
(c)
Within seven (7) days of notification by the township and/or county
that a malfunction has been identified, the property owner shall make
application to the SEO for a permit to repair or replace the malfunctioning
system. Within thirty (30) days of initial notification by the township
and/or county, construction of the permitted repair or replacement
shall commence. Within sixty (60) days of the original notification
by the township and/or county, the construction shall be completed
unless seasonal or unique conditions mandate a longer period, in which
case the township and/or county shall set an extended completion date.
(d)
The SEO shall have the authority to require the repair of any malfunction
by the following methods: clearing, 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 area,
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 SEO 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)
In the event that the rehabilitation measures in subsections (a) through (e) 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 on a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within thirty (30) days.
(g)
Should none of the remedies described in this section be totally
effective in eliminating the malfunction of an on-lot sewage disposal
system, the property owner is not absolved of responsibility for that
malfunction. The township and/or county may require whatever action
is necessary to lessen or mitigate the malfunction to the extent necessary.
[Ord. No. 1200, § 1, 10-15-1996]
The township and/or county, upon written notice from the SEO
that an imminent health hazard exists due to failure of a 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
SEO. The owner shall be charged for the work performed and, if necessary,
a lien shall be entered therefor in accordance with law.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
All septage originating within the sewage management district 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 sewage management
district shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.C. 6018.1003) and all other applicable laws.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
The township and/or county shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
(b)
The township and/or county shall employ qualified individuals to
carry out the provisions of this article. Those employees shall include
the SEO and may include an administrator and such other persons as
may be necessary. The township and/or county 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 disposal systems in the sewage management district shall
become the property of, and be maintained by, the township and/or
county. Existing and future records shall be available for public
inspection during regular business hours at the official offices of
the township and/or county. 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.
(d)
The township and/or county shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
(e)
The township may establish a fee schedule, and authorize the collection
of fees, to cover the cost to the township of administering this program
as from time to time adopted by resolution of council.
[Ord. No. 1200, § 1, 10-15-1996]
(a)
Appeals from final decisions of the township or any of its authorized
agents under this article shall be made to the township council in
writing within thirty (30) days from the date of written notification
of the decision in question.
(b)
The appellant shall be entitled to a hearing before the township
council within thirty (30) days of the filing of a written appeal.
The township council 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 and/or county.
(c)
A decision shall be rendered in writing within thirty (30) days of
the date of the final hearing.
[Ord. No. 1200, § 1, 10-15-1996]
Any person failing to comply with any provision of this article shall be subject to penalties as set forth in section 1-9 of the Plymouth Township Code, as amended.
