[Ord. 301, 9/19/2011,[1] § 1]
(a)
This Subpart A shall be known as the "Lower Heidelberg Township On-Lot
Sewage Disposal System Management Ordinance."
(b)
As required by the Pennsylvania Second Class Township Code, as amended
(53 P.S. § 65101); the Pennsylvania Clean Streams Law, as
amended (35 P.S. § 691.1 et seq.); and the Pennsylvania
Sewage Facilities Act, as amended (35 P.S. § 750.1 et seq.
also known as Act 537), municipalities have the authority and the
obligation to provide for adequate sewage treatment facilities and
for the protection of public health by preventing the discharge of
untreated or inadequately treated sewage. The Official Sewage Facilities
Plan for Lower Heidelberg Township requires the Township to enact
an ordinance 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 Subpart A is to provide for the regulation, inspection,
maintenance, and rehabilitation of on-lot sewage disposal systems
within Lower Heidelberg Township; to further permit the Township to
intervene in situations which are public nuisances or hazards to the
public health; and to establish penalties and appeal procedures necessary
for the proper administration of a sewage management program.
[1]
Editor's Note: This Subpart A also superseded former
Part 3, Individual Sewage Disposal Systems, Subpart A, Rules and Regulations,
adopted by Ord. 37, 5/20/1968.
[Ord. 301, 9/19/2011, § 2]
(a)
General Terms. In the interpretation of this Subpart A, the singular
shall include the plural, and the masculine shall include the feminine
and the neuter. When terms, phrases, or words herein are not defined,
they shall have the meaning prescribed by the Township Zoning Ordinance,
the Township Subdivision and Land Development Ordinance, any other
Township ordinances or resolutions, or, in the absence of such, their
ordinarily accepted meaning or such as the context may imply.
(b)
ACT
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEP
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER
PERSON
PUMPER/HAULER
REHABILITATION
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (HEREINAFTER CALLED "SEO")
SEWAGE MANAGEMENT PROGRAM
TOWNSHIP
Specific Terms. For the purpose of this Subpart A, the terms used
shall be construed to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1996, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A licensed or certified sewage enforcement officer, professional
engineer or sanitarian, plumbing inspector, soils scientist, or any
other qualified or licensed person who is delegated to function within
the specified limits as the agent of the Lower Heidelberg Township
to carry out the provisions of this Subpart A.
The Board of Supervisors of Lower Heidelberg Township, Berks
County, Pennsylvania.
Any system, whether publicly or privately owner, for the
collection of sewage from two or more lots or uses, 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 any other site and which shall
comply with all applicable regulations of the DEP.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any delegated or successor agency.
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 any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposal.
The condition which occurs when an on-lot sewage disposal
system causes pollution to the ground or surface waters, contamination
of private or public drinking water supplies, nuisance problems, or
hazards to public health. 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
and occurring at any time of the year.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the DEP in
accordance with the Act and with applicable DEP regulations.
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.
Any person, corporation, partnership, etc., holding deed/title
to lands within Lower Heidelberg Township.
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
Subpart A, 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, company, partnership, or corporation, approved
and licensed by the Township, that engages in cleaning community or
individual sewage systems and transporting the septage cleaned from
these systems.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot sewage disposal system.
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 fail or otherwise become
inoperable and that shall meet all the regulations of the DEP and
all applicable Township ordinances for an individual on-lot sewage
system and shall be protected from encroachment by an easement recorded
in the Berks County Recorder of Deeds. This easement requirement may
be satisfied by the recording of the final plan of a subdivision or
land development plan upon which the easement appears.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrements or other discharge from the bodies of human beings or any
noxious or deleterious substance 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 recreations.
A person appointed by the Board to administer various provisions
of this Subpart A and authorized by the DEP in accordance with Chapter
71, Administration of Sewage Facilities Program, of Title 25, Rules
and Regulations, Department of Environmental Protection, of the Pennsylvania
Code. Such person is authorized to conduct investigations and inspections,
review permit applications, issue or deny permits, and do all other
activities as they may be provided for such person in the Act, the
rules and regulations promulgated thereunder, and this or any other
Ordinance adopted by the Board.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Subpart A, the Act, The Clean
Streams Law, the regulations promulgated thereunder and such other
requirements adopted by the Board to effectively enforce and administer
this Subpart A.
Lower Heidelberg Township, Berks County, Pennsylvania.
(c)
All other definitions of words and terms used in this Subpart A shall
have the same meaning as set forth in the Act and the regulations
promulgated thereunder, currently founding Chapter 73, Standards for
Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department
of Environmental Protection, of the Pennsylvania Code.
[Ord. 301, 9/19/2011, § 3]
From the effective date of this Subpart A, its provisions shall
apply to all persons owning or residing on any property serviced by
an on-lot sewage disposal system and to all persons installing or
rehabilitating on-lot sewage disposal systems. Such persons shall
have the obligation to comply with all applicable provisions herein.
[Ord. 301, 9/19/2011, § 4]
(a)
No person shall request bid proposals for construction or alteration
of an individual sewage system or community sewage system, install
or construct an individual or community sewage system, or occupy any
building or structure for which an individual 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 Act and the standards adopted
pursuant thereto.
(b)
No community sewage system shall be approved for installation or
operation until and unless the owner enters into an agreement with
the Township to be recorded with the Recorder of Deeds, specifying
the duties of the owner, its successors and assigns, for the operation,
maintenance and repair of said system, and posts with the Township
financial security, in the form of a bond, cash or other financial
instrument, equal to 2 1/2 times the cost of installation of
the system. The financial security shall be in the name of Township
as payee, except that if the community sewage system is to be owned
and operated by a homeowners' association, then, in that event,
the financial security shall be in the joint name of that homeowners'
association and the Township. The financial instrument shall provide
for the use of the annual income from the instrument, if any, to cover
the costs of operation and inspection of the community sewage system
if those costs are not paid directly by the owner or homeowners'
association. If no annual income is derived, or if the annual income
so derived is insufficient to cover the costs of operation and inspection
of the system, the owner or homeowners' association shall provide
the amount necessary to recover the costs of operation and inspection.
In the event that the Board, or the Board's authorized agent,
determines that there has been a malfunction of the system, and the
owner or homeowners' association fails, after notice, to repair
the malfunction, the principal of the financial security may be employed
to fund the correction of the malfunction. Payment will be made from
the principal to the Township upon receipt of notification from the
Township of the malfunction and delivery of a contract between the
Township and the contractor for the repair of the malfunction. No
such community sewage system shall be approved unless the owner evidences
to the Township a legal contract employing a qualified sewage plant
operator, for regular maintenance and operation of the system, with
the operator's annual fees being paid by the owner or homeowners'
association and, in default thereof, from the aforementioned financial
security bond. Where the system is to be owned by a homeowners'
association that has legal responsibility for the operation and maintenance
of the system, the contract with the plant operator may be on an annual
basis. Otherwise, the contract for the operation and maintenance shall
cover a period representative of the anticipated life of the system.
(c)
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 Township SEO. If, after written notice
has been reviewed by the SEO, 72 hours, excepting weekends and holidays,
have elapsed without inspection by the SEO, then the applicant may
cover said system or structure, unless permission to do so has been
specifically refused by the SEO.
(d)
Applicants for sewage permits shall be required to notify the Township's
SEO of the schedule for construction of the permitted on-lot sewage
disposal system, so that inspection(s) in addition to the final inspection
required by Act 537 may be scheduled and performed by the Township's
SEO at the cost of the applicant(s).
(e)
No building or occupancy permit shall be issued by the Township for
a new building which will contain sewage generating facilities until
a valid sewage permit has been obtained from the Township's SEO
or from a municipal authority or other public entity if the building
is serviced by public sewage.
(f)
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of an existing structure which
is served by an on-lot sewage disposal system if said alteration or
conversion will result in the increase or potential increase in sewage
flows from the structure, until the Township and the structure's
owner receive from the Township's SEO either a permit for alteration
or a replacement of the existing sewage disposal system or written
notification that such a permit will not be required. In accordance
with the regulations contained in Chapter 73, Section 73-1, et seq.,
of Title 25 of the Pennsylvania Code, the SEO shall determine whether
the proposed alterations of the structure will result in increased
sewage flows if on-site sewage disposal is being used.
(g)
Sewage permits for on-lot sewage disposal may be issued only by an
SEO employed by the Township for that express purpose. The DEP shall
be notified by the Township, during January of each year after the
effective date of this Subpart A, as to the identity (by name, address,
and SEO certification number) of its currently employed SEO.
[Ord. 301, 9/19/2011, § 5]
(a)
All on-lot sewage disposal systems shall be inspected every three
years in accordance with a schedule and regions to be established
by the Township or at any other reasonable time as of the effective
date of this Subpart A.
(b)
Results of the inspection shall be submitted to the Township within
30 days of completion.
[Amended by Ord. 333, 1/19/2015]
(c)
The on-lot sewage disposal inspections 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.
(d)
The Township's SEO shall have the right to enter upon land for
the purposes of inspections and actively participate in the inspections
described in this Section. In submitting an application to the Township
for a permit required herein, applicants shall affirm their consent
to the Township SEO's entry onto their land for the purposes
of inspections.
(e)
The Township's SEO shall inspect on-lot sewage disposal systems
known to be, or alleged to be, malfunctioning at any time, in addition
to the routine scheduled inspections. Should said inspections reveal
that the system is malfunctioning, the Township shall take action
to notify the owner of the obligation to correct the malfunction.
If total correction is not technically feasible in the opinion of
the Township and/or a representative of the DEP, action by the owner
to mitigate the malfunction shall be required, as approved by the
SEO.
(f)
There may arise geographical areas within the Township where numerous
on-lot sewage disposal 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 disposal 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 compel
immediate corrective action whenever a malfunction, as determined
by the Township and the DEP, represents a serious public health or
environmental threat.
[Ord. 301, 9/19/2011, § 6]
(a)
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system.
(b)
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 ground water, including waste from roof or
cellar drains, springs, basement sump pumps and French drains.
[Ord. 301, 9/19/2011, § 7]
(a)
Any person owning a building served by an on-lot sewage disposal
system shall have the septic tank pumped by a Commonwealth of Pennsylvania
licensed pumper/hauler within three years after the effective date
of this Subpart A in accordance with a schedule and regions developed
by the Township. Thereafter, that person shall have the tank pumped
at least once every three years in accordance with a schedule and
regions developed by the Township or whenever inspection reveals the
necessity to do so, including but not limited to solids or scum in
excess of 1/3 of liquid depth of the tank. Receipts from the pumper/hauler
shall be submitted to the Township by the tank owner within the prescribed
pumping periods.
(b)
In order to assure that septic tanks are properly pumped, septic
tank lids shall be exposed prior to pumping. The exposure of the septic
tank lid shall be the responsibility of the tank owner.
(c)
In the event that a person provides a receipt or other written evidence
demonstrating that the person's septic tank has been pumped within
three years prior to the effective date of this Subpart A, the Township
may delay that person's initial required pumping.
(d)
The required pumping frequency may be increased at the discretion
of the 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 under in the building, if the system malfunctions, or for other
good cause shown.
(e)
The Township may require additional maintenance activity as needed,
including but not limited to cleaning and unclogging of piping; servicing
and 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. Repair permits
issued by the SEO must be secured for these activities.
[Ord. 301, 9/19/2011, § 8]
(a)
No person shall operate and 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 of Pennsylvania, unless a permit to discharge
has been obtained from the 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 seven days of notification by the Township 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 30 days of initial notification by the Township, construction
of the permitted repair or replacement shall commence. Within 60 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)
An SEO shall have the authority to require the repair of any malfunction
by the following methods:
(1)
Cleaning, repair or replacement of components of the existing
system;
(2)
Adding capacity or otherwise altering or replacing the system's
treatment tank;
(3)
Expanding the existing disposal area;
(4)
Replacing the existing disposal area;
(5)
Replacing a gravity distribution system with a pressurized system;
(6)
Replacing the system with a holding tank; or
(7)
Any other alternative appropriate for the specific site.
(e)
In lieu of, or in combination with, the remedies described in Subsection (d) above, an 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 set forth in the preceding Subsections (a) through (e) are not feasible or do not prove effective, the Township may require the owner to apply for a permit to construct a holding tank in accordance with any applicable Township ordinance. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
(g)
Should none of the remedies described above prove effective in eliminating
the malfunction of an existing on-lot sewage disposal system, the
owner is not absolved of responsibility for that malfunction. The
Township may require whatever action is necessary to lessen or mitigate
the malfunction.
[Ord. 301, 9/19/2011, § 9]
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of a properly owner to maintain,
repair or replace an on-lot sewage disposal system as provided under
the terms of this Subpart A, shall have the authority and discretion
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 against the property in accordance with the
law.
[Ord. 301, 9/19/2011, § 10]
(a)
All septage 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
through 6018.1003) and all other applicable laws.
(c)
Pumps/haulers of septage operating within the Township shall be licensed
by the Commonwealth of Pennsylvania.
[Ord. 301, 9/19/2011, § 11]
(a)
The Township shall have the full authority to utilize those powers
it possesses through enabling statutes and ordinances to effect the
purposes of this Subpart A.
(b)
The Township shall have the full authority to employ qualified individuals
to carry out the provisions of this Subpart A. Those employees shall
include an SEO and may include an administrator and such other persons
as may be necessary. The Township may also contract with private qualified
persons or firms as necessary to carry out the provisions of this
Subpart A.
(c)
All permits, records, reports, files and other written material in
the possession of the Township relating to the installation, operation,
maintenance and malfunction of on-lot sewage disposal systems in the
Township shall become the property of, and be maintained by, the Township.
Existing and future records in possession of the Township shall be
available for public inspection during regular business hours at the
official office of the Township. 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 the DEP.
(d)
The Township shall establish all administrative procedures necessary
to properly carry out the provisions of this Subpart A.
(e)
The Township Board shall establish a fee schedule and authorize the
collection of fees to cover the cost to the Township of administering
this program.
[Ord. 301, 9/19/2011, § 12]
(a)
Appeals from final decisions of the Township or any of its authorized
agents under this Subpart A shall be made to the Board of Supervisors,
in writing, within 30 days from the date of written notification of
the decision in question. The appeal shall be advertised in a publication
with daily circulation in the Township as required by the Second Class
Township Code[1] or other law. The failure of an individual to file a timely
appeal shall constitute a waiver of that individual's ability
to challenge the final decision of the Township SEO or the Township's
Authorized Agent.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(b)
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting, if a completed,
written appeal is received at least 30 days prior to that meeting
(except to the extent that the applicant consents to a time extension
thereof or except to the extent that the application is submitted
in such a time as to authorize the advertisement for the same). In
order to be considered a completed application, the appellant shall
submit all requisite fees for such appeal application. An appeal application
that fails to include the requisite appeal fees shall not be considered
complete and will not be considered to be submitted until such time
as the requisite appeal fee is submitted. If the appeal is received
within 30 days of the next regularly scheduled meeting, the appeal
shall be heard at the following regularly scheduled meeting. The municipality
shall thereafter affirm, modify, or reverse the aforesaid decision,
which may be subject to conditions. The hearing may be postponed for
a good cause shown by the appellant or the Township. Additional evidence
may be introduced at the hearing, such as but not limited to the appellant's
ability to improve conditions, provided that it is submitted with
the written notice of appeal. Except as otherwise provided by law,
the burden shall rest with the appellant to establish relief pursuant
to the appeal.
(c)
A decision shall be rendered by the Board of Supervisors, in writing,
within 30 days of the date of the hearing.
[Ord. 301, 9/19/2011, § 13]
For each violation of the provisions of this Subpart A, the
owner, agent, lessee, or contractor or any other person who commits,
takes part in, or assists in any such violation shall be liable, upon
conviction thereof in a summary proceeding, to pay a fine of not less
than $200 nor more than $1,000 for each offense, together with the
costs of prosecution. Each day or portion thereof in which a violation
exists shall be considered to be a separate violation, and each section
of this Subpart A which is violated shall be considered a separate
violation. In default of payment of such fine, such person shall be
liable to imprisonment for a period not exceeding 30 days. In addition,
the Township may also institute an action at law or in equity to require
compliance with the terms of this Subpart A. All such persons shall
be required to correct or remedy such violations or noncompliance
within the time period set forth in an enforcement notice. Any development
initiated or any structure or building constructed, reconstructed,
enlarged, altered or relocated in noncompliance with this Subpart
A may be declared to be a public nuisance and abatable as such.
[Ord. 301, 9/19/2011, § 14]
All ordinances or parts of ordinances inconsistent with the
provisions of this Subpart A are hereby superseded to the extent of
such inconsistency insofar as the same affects this Subpart A.
[Ord. 301, 9/19/2011, § 15]
If any section or clause of this Subpart A shall be adjudged
invalid, such adjudication shall not affect the validity of the remaining
provisions, which shall be deemed severable therefrom. It is hereby
declared the intent of the Board of Supervisors that this Subpart
A would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.
[Ord. 301, 9/19/2011, § 16]
This Subpart A shall be effective five days after enactment.
[Ord. 100, 8/17/1987, § 1]
The fee for the consideration of and issuance of sewage permits
for a single-family residential dwelling employing a conventional
or alternate disposal system shall be as established in the Fee Schedule
as adopted by resolution, as may be amended from time to time. The
Sewage Enforcement Officer's duties for this fee may include:
performing a site review, deep probe hole analysis, and six-hole percolation
test; reviewing the applicant's design; issuing or denying the
permit; and performing any necessary field observation of the actual
system installation. In the event the cost of the required time by
the Sewage Enforcement Officer exceeds the established fee, minus
the cost of the Township's office or administration expenses,
the applicant shall pay the current rate of the Sewage Enforcement
Officer to the Township for the excess time involved. The Township
shall claim a portion of the permit fee for office or administration
expenses; and this shall not be considered as an additional charge.
The cost of the Township's office or administration expenses
shall be as established in the Fee Schedule.
[Ord. 100, 8/17/1987, § 2]
The fee for the consideration of and issuance of a sewage permit
for any other than single-family residential structure and/or community
disposal system, either a conventional system or an alternate system,
shall be as listed in the Fee Schedule as adopted by resolution, which
may be amended from time to time. The Sewage Enforcement Officer's
duties for this fee shall be as described in Section 350. In the event
the cost of the required time by the Sewage Enforcement Officer exceeds
the established fee, minus the cost of the Township's office
or administration expenses, the applicant shall pay the current rate
of the Sewage Enforcement Officer to the Township for the excess time
involved. The Township shall claim a portion of the permit fee for
office or administration expenses; and this shall not be considered
as an additional charge. The cost of the Township's office or
administration expenses shall be as established in the Fee Schedule.
All fees shall be paid before the permit is issued.
[Ord. 100, 8/17/1987, § 3]
The applicant shall be responsible at his sole expense for equipment
appropriate for digging the deep probe hole and shall pay all bills
resulting from such digging directly to the operator involved.
[Ord. 100, 8/17/1987, § 4]
The applicant has the option of digging the percolation test
holes himself or having the holes dug by the Sewage Enforcement Officer.
An additional fee, as established in the Fee Schedule, shall be paid
by the applicant at the time of application for each six hole percolation
test if the Sewage Enforcement Officer is to dig the holes. If additional
holes must be dug by the Sewage Enforcement Officer, an additional
fee as established in the Fee Schedule, shall be paid by the applicant
prior to the Sewage Enforcement Officer's review of the system
design.
[Ord. 100, 8/17/1987, § 5]
The fee for the consideration of any proposed land subdivision
shall be the current rate of the Sewage Enforcement Officer, plus
out-of-pocket expenses, for the work required. This fee shall be payable
by the applicant to the Township. The Sewage Enforcement Officer's
duties for this fee may include: a site review; performing a deep
probe hole analysis and a six-hole percolation test per lot; reviewing
subdivision modules; correspondence; and all necessary filing of plans.
The applicant shall make a deposit as established in the adopted Fee
Schedule, before any work has commenced. This deposit will be credited
to the final bill. The applicant is responsible to pay the Township
for the total of all costs at completion of the work.
[Ord. 100, 8/17/1987, § 6]
The fee for the consideration and issuance of a sewage permit
for any lot for single-family residential development which had a
satisfactory six-hole percolation test and deep probe hole analysis
completed at an earlier time, but within one year of the current application
for permit, will be as established in the adopted Fee Schedule. The
Sewage Enforcement Officer's duties for this fee may include:
reviewing the applicant's design; issuing or denying the permit;
and performing any necessary field observation of the actual system
installation. If said analysis or tests were performed more than one
year prior to the current application, the applicant must proceed
as under Sections 350, 351 and 354. In the event the cost of the required
time by the Sewage Enforcement Officer exceeds the established fee,
minus the cost of the Township's office or administration expenses,
the applicant shall pay the current rate of the Sewage Enforcement
Officer for the excess time involved. The Township shall claim a portion
of the permit fee for office or administration expenses; and this
shall not be considered as an additional charge. The cost of the Township's
office or administration expense shall be as established in the Fee
Schedule.
[Ord. 100, 8/17/1987, § 7]
The fee for the consideration and issuance of a sewage permit
for the repair of any existing sewage system shall be computed at
the current rate of the Sewage Enforcement Officer for the time required,
payable by the applicant. The applicant shall pay a deposit as established
in the adopted Fee Schedule, before any work has commenced. This deposit
will be credited to the final bill.
[Ord. 100, 8/17/1987, § 8]
Each of the aforesaid fees shall be paid to the Township at
the time of application and/or upon receipt of a bill for any excess
charges. The Sewage Enforcement Officer shall bill the Township at
the normal hourly rate for services, plus out-of-pocket expenses.
[Ord. 100, 8/17/1987, § 9]
The applicant is responsible for the design and construction
of the disposal system. The design, which shall be submitted to the
Sewage Enforcement Officer after the deep probe analysis and percolation
tests are completed, shall be prepared by a certified sewage enforcement
officer or registered professional engineer. A certified sewage enforcement
officer shall be a person certified by the Pennsylvania Department
of Environmental Resources Certification Board to perform the duties
of Sewage Enforcement Officer. A registered professional engineer
shall be a person certified by the Pennsylvania State Registration
Board for Professional Engineers. Any persons or entity performing
design services shall present proof to the Township of coverage under
adequate professional liability insurance.
[Ord. 100, 8/17/1987, § 10]
The fee for attendance at municipal meetings shall be at the
current rate of the Sewage Enforcement Officer, payable by whoever
requests attendance.
[Ord. 100, 8/17/1987, § 11]
The sewage permit fees to be paid by the applicant, for the
following services for an already-existing system and/or permit shall
be as established in the adopted Fee Schedule:
(a)
When a property has been transferred to a new owner where a permit
was previously issued and all data remains the same (one inspection
included).
(b)
When land has been transferred and where the system is to be revised
due to more or less sewage flow.
(c)
To renew a permit, prior to its expiration, and if no construction
has begun. A site visit will be necessary to observe that the physical
condition of the site has not been altered.
(d)
To renew a permit which has expired (i.e., more than two years from
the date issued) and where no construction has begun. A site visit
will be necessary to observe that the physical condition of the site
has not been altered. It is at the Sewage Enforcement Officer's
discretion to determine if a new application must be made, in which
event the fee will be applied to the actual application fee.
[Ord. 100, 8/17/1987, § 12]
The certified Sewage Enforcement Officer(s) appointed by the
Township shall apply for state reimbursement for the net expenses
incurred by the Township and reimbursable mileage traveled by the
Officer at the end of each calendar year for application serviced
by each officer during the year. The fee for the annual state report
completed by each officer will be billed to the Township at the rate
specified in Section ___.
