[Adopted 9-11-1975 by Ord. No. 26 (Ch. 18, Part 1, of the 1997 Code of Ordinances)]
This article may be known and may be cited as the "the Township of Connoquenessing Sewage Systems Ordinance."
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them in this section:
- ALTERNATE INDIVIDUAL SEWAGE SYSTEM
- An individual or community sewage system employing a treatment tank and alternate subsurface absorption area.
- COMMUNITY SEWAGE SYSTEM
- Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
- INDIVIDUAL SEWAGE SYSTEM
- A system of piping, tanks or other facilities serving single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of the commonwealth, or by means of conveyance to another site for final disposal.
- 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 all 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.
- PROPERTY OWNER
- Any and all persons with an interest in real estate, including legal and equitable interests.
- 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, known as the "Clean Streams Law," as amended.
- SEWAGE ENFORCEMENT OFFICER
- The duly appointed official of the Township of Connoquenessing who reviews permit applications, conducts such investigations and inspections as are necessary, and issues permits.
- The Township of Connoquenessing, Butler County, Pennsylvania.
- ZERO DISCHARGE SEWAGE SYSTEM
- Any system, whether publically or privately owned, for the
collection of sewage or industrial wastes of a liquid nature and providing
for the treatment and recycle of the liquid portion of the treated
sewage for nonpotable reuse on the site.[Added 9-6-2017 by Ord. No. 92-17]
Editor's Note: See 35 P.S. § 691.1 et seq.
It shall be unlawful for any property owner, or any other person, to install or repair, replace or enlarge individual sewage systems or community sewage systems within the Township without first obtaining a valid permit issued by the Township Sewage Officer.
It shall be unlawful for any property owner or any other person to install or repair, replace or enlarge an individual sewage system or community sewage system within the Township contrary to any conditions or requirements imposed by the Township Sewage Officer at the time of issuance of a permit.
It shall be unlawful for any property owner, or any other person, to begin construction or installation of a building for which an individual or community sewage system is to be used without first obtaining a permit.
[Amended 4-8-1997; 9-9-1997 by Ord. No. 59]
Application for a permit to install an individual or community sewage system shall be in writing on forms provided by the Township, signed by the property owner and shall include the following:
Legal description of the property on which the proposed installation or alteration is to take place.
Plot plan of land showing location of any proposed or existing buildings.
Plan of proposed sewage system.
Soil profile description and percolation test report.
Location of water supply facilities, existing or proposed.
The fee for processing the application and supervision of the installation, which shall be set by resolution of the Board of Supervisors.
Applications for permits shall be submitted to the Sewage Enforcement Officer, who shall issue or deny a permit within seven days from receipt of the complete application.
The Sewage Enforcement Officer shall grant or deny the permit depending upon whether or not the proposed installation or alteration conforms to the standards of the Pennsylvania Sewage Facilities Act, the Pennsylvania Clean Streams Law, rules and regulation of the Department of Environmental Protection of the Commonwealth of Pennsylvania, and rules and regulations issued pursuant to this article.
Editor's Note: See 35 P.S. § 750.1 et seq. and 5 P.S. § 691.1 et seq., respectively.
An exception to the permit requirement contained in this section shall be made for the installation of an individual on-lot sewage system for a residential structure occupied or intended to be occupied by the property owner or a member of his immediate family on a contiguous tract of land of 10 acres or more if the property owner was the owner of record as of January 10, 1987; provided, however, that the exempt party requests the exemption and provides information required in this section to the Sewage Enforcement Officer, who shall verify that the following conditions have been met prior to the installation of said system:
That all parts of the sewage system shall be set back a minimum of 200 feet from any property line, nonutility right-of-way, one-hundred-year floodplain or any river, stream, creek, impoundment, well, watercourse, storm sewer, lake, dammed water, pond, spring, ditch, wetland, water supply or any other body of surface water and 10 feet from any utility right-of-way, whether or not the adjoining property is owned by the person requesting the exemption.
[Amended 7-2-2014 by Ord. No. 89]
Additional setback from property line is observed where in the opinion of the Sewage Enforcement Officer visible conditions such as slope, paved areas or other conditions known to the Sewage Enforcement Officer would require additional setback from property lines or compliance with permit requirements contained in this article but for this exemption.
[Amended 7-2-2014 by Ord. No. 89]
Any property owner aggrieved by the denial of a permit under this article shall have the right, within 30 days after receipt of notice of the denial, to request a hearing before the Board of Supervisors. Revocation of a permit shall occur only after notice and opportunity of hearing has been given to the permittee. The Board of Supervisors shall hold a hearing within 15 days after receipt of such request. The hearing procedure shall be governed by the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751 et seq., as hereinafter amended.
The enforcement of this article shall be the responsibility of the Sewage Enforcement Officer, who shall be appointed by resolution of the Board of Supervisors.
[Amended 9-9-1997 by Ord. No. 59]
Any person failing to comply with the provisions of this article shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day of noncompliance shall constitute a separate offense.
A violation of the provisions of this article shall constitute a nuisance and shall be abatable in the manner provided by law.
Nothing in this article shall be construed as stopping the Township from proceeding in courts of law or equity to abate nuisances forbidden under this article or abate nuisances under existing law. Nothing in this article shall in any way abridge or alter rights of actions or remedies now or hereafter existing in equity or under the common law or statutory law, criminal or civil.
All actions hereunder shall be prosecuted in the name of the Township of Connoquenessing.