[Adopted 12-10-2012 by Ord. No. 5-2012]
A.
This article shall be known and may be cited as "An Ordinance Providing
for a Sewage Management Program for On-Lot Systems for Willistown
Township."
B.
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), 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 Willistown 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 Willistown
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 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.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
HEALTH DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER or PROPERTY OWNER
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
The Sewage Enforcement Officer, designated by the Chester
County Health Department (Health Department) or other person or entity,
including the Township Zoning Officer, appointed by the Willistown
Township Board of Supervisors to administer or assist in the administration
of this article.
The Board of Supervisors, Willistown Township, Chester County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
The Chester County Health Department.
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 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 the Board and approved by the Department,
pursuant to the Pennsylvania Sewage Facilities Act.[1]
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; this term includes both individual
sewage systems and community sewage systems.
A person or entity owning property served by an on-lot sewage
disposal system.
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
existing 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 "The Clean Streams Law," as amended.[2]
A person certified by the Department who is employed by the
Health Department. 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,[3] the rules and regulations promulgated thereunder and this
or any other ordinance adopted by the Township.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management program is to be implemented. For Willistown Township,
said district shall include the entire Township except those areas
specifically served by public sewers.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Steams Law,[4] the regulations promulgated thereunder and such other
requirements adopted by the Board or the Health Department to effectively
enforce and administer this article.
The division or redivision of a lot, tract or other parcel
of land into two 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 Willistown, Chester County, Pennsylvania.
From the effective date of this article, its provisions shall
apply in any portion of the Township identified in the Official Sewage
Facilities Plan as a sewage management district. Within such an area
or areas, the provisions of this article shall apply to all persons
owning any property serviced by an on-lot sewage disposal system and
to all persons installing or rehabilitating on-lot sewage disposal
systems.
A.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or community sewage system, without
first obtaining a permit from the Sewage Enforcement Officer, 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.
The procedures for application for and granting of a permit shall
be established, revised, promulgated and enforced by the Health Department.
C.
No building or occupancy permit shall be issued for a new building
which will contain sewage-generating facilities and for which an individual
sewage system or community sewage system is to be installed until
a valid sewage permit has been obtained from the Sewage Enforcement
Officer.
D.
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 to an individual sewage
system or community sewage system, until either the structure's
property owner receives a permit for alteration or replacement of
the existing sewage disposal system or until the structure's
property owner and the appropriate officials of the Township receive
written notification from the Sewage Enforcement Officer that such
a permit will not be required. The Sewage Enforcement Officer shall
determine whether the proposed alteration or conversion of the structure
will result in increased sewage flows.
E.
Building permit applications shall contain a site plan with all information
related to any on-lot sewage disposal system. All system components
including absorption areas and replacement areas, if required, should
be located on the site plan. An as-built record drawing shill be provided
prior to issuance of any occupancy permit. System components shall
be drawn to scale and provide two measured distances between each
component and a property or building corner.
A.
Any on-lot sewage disposal system may be inspected by the Sewage
Enforcement Officer or 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.
C.
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the sewage management
district.
D.
The Sewage Enforcement Officer shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning; the Sewage Enforcement Officer shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of the Department, 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 Sewage Enforcement Officer or a representative of the Department, then the property owner shall mitigate the malfunction, although the property owner is not absolved of responsibility for that malfunction.
E.
There may arise geographic areas where numerous on-lot sewage disposal
systems are malfunctioning. A resolution of these area-wide problems
may necessitate detailed planning and a revision to the portion of
the Sewage Facilities Plan pertaining to areas affected by such malfunctions.
Immediate corrective action may be compelled whenever a malfunction,
as determined by the authorized agent and/or the Department, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system, including wastes listed in Section 73.11(c)
of Title 25. The following shall not be discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including but not limited
to pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline, oils, antifreeze, industrial
soaps and detergents and other similar-type solvents.
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
E.
Clogging bulky items, including but not limited to sanitary napkins,
diapers, paper towels, cigarette filters, cat litter, plastics, egg
shells, bones and coffee grounds.
A.
Each person owning a building served by an on-lot sewage disposal
system which contains a septic tank shall have the septic tank pumped
by a Health Department-licensed liquid waste hauler at least once
every three years or whenever an inspection reveals that the septic
tank is filled with solids or scum in excess of 1/3 of the liquid
depth of the tank. Receipts from the pumper/hauler shall be submitted
to the Township, or reported to a central electronic database, if
applicable, within the prescribed three-year pumping period.
B.
At the time of pumping, the on-lot sewage disposal system shall be
inspected to ensure that the absorption area is being protected from
physical damage, to ensure that the electrical, mechanical, and chemical
components are in good working order and that the proper supply of
power is maintained to the system as required.
C.
The required pumping frequency may be increased at the discretion
of an authorized agent if the septic tank is undersized compared to
the current standard; if solids buildup in the tank is above average;
if the hydraulic load on the system increases significantly above
design capacity; if the system malfunctions; or for other good cause
shown.
D.
If any person can prove (e.g., pumping certificate, invoice) that
such person's septic tank had been pumped within three years
of the effective date of this article, then that person's initial
required pumping shall conform to the general three-year frequency
requirement except where an inspection reveals a need for more frequent
pumping frequencies.
E.
All septic tanks shall be pumped through the manhole access of each
tank or tank chamber.
F.
Upon completion of the pumping of any septic tank, the interior of
the tank, if accessible, shall be inspected to determine if the baffles
in the septic tank are in good working order. Any person whose septic
tank baffles are determined to require repair or replacement shall
first contact the Sewage Enforcement Officer for approval of the necessary
repair.
G.
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 within six months
of the effective date of this article. Thereafter, service receipts
shall be submitted to the Township, or to a central electronic database,
if applicable, 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.
H.
Any person owning a building served by a cesspool or dry well in
an area of numerous malfunctions or in an area where a repair is not
technically feasible shall have that system pumped according to the
schedule prescribed for septic tanks to mitigate potential pollution.
As an alternative to this scheduled pumping of the cesspool or dry
well, and pending any scheduled replacement of the substandard system
as identified in the Official Sewage Facilities Plan, the property
owner may apply for a sewage permit from the Sewage Enforcement Officer
for a septic tank to be installed preceding the cesspool or dry well.
For this interim repair 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. The cesspool or dry well may be
pumped to aid operating efficiency.
I.
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.
J.
The property owner shall provide an adequate supply of electric power
with the proper phase, frequency and voltage as recommended by the
equipment manufacturers of the various components of the on-lot sewage
disposal system.
K.
The property owner shall not plant trees or shrubs in any absorption
area or to otherwise excavate or damage the absorption area. The property
owner shall protect all absorption area(s) from vehicle traffic and
protect all absorption area(s) and system components from stormwater
runoff from roof gutters and downspouts, driveways, swales and sump
pump discharges.
L.
The property owner shall not build any structures, including swimming
pools and sprinkler systems, on or within 10 feet of any absorption
area or any components of the system.
M.
The property owner shall use water conservation devices when feasible
(including low-flow toilets, showerheads, dishwashers and clothes
washers) and promptly repair any leaking plumbing fixtures.
A.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner that it malfunctions. No sewage systems 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 the Department.
B.
A written notice of violation shall be issued to any person who is
the property 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. The Sewage Enforcement Officer shall be notified
of all violations.
C.
Within 30 days of notification by the Township or Health Department
that a malfunction has been identified, the property owner shall make
application to the Sewage Enforcement Officer for a permit to repair
or replace the malfunctioning system. Within 90 days of initial notification
by the Township, construction of the permitted repair or replacement
shall commence, weather permitting. Within one year 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, in cooperation with the Sewage Enforcement Officer,
shall set an extended completion date.
D.
The Sewage Enforcement Officer shall 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 approved by the Sewage Enforcement
Officer or the Department appropriate for the specific site.
E.
In lieu of or in combination with the remedies described above, an
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.
In the event that the rehabilitation measures described above are
not feasible or effective as determined by the Sewage Enforcement
Officer or the Department, the property owner may be required to apply
to the Department for a permit to install a single residence treatment
and discharge system. Upon receipt of said permit, the property owner
shall complete construction of the system within six months, weather
permitting.
G.
Should none of the remedies 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 may require whatever action is necessary
to lessen or mitigate the malfunction to the extent possible.
A.
All sewage 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 the Department. Approved sites or facilities shall include
the following: sewage treatment facilities, wastewater treatment plants,
composting sites, and approved farmlands.
B.
Pumper/haulers of sewage 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.S. §§ 6018.101
through 6018.1003) and all other applicable laws.
A.
Any person failing to comply with any provisions of this article
may be subject to a civil penalty of not less than $300 and not more
than $2,500 for each violation and, in addition, may be assessed the
cost of damages caused by such violation and the cost of correcting
such violation. Each day of noncompliance shall constitute a separate
offense.
B.
The Township's authorized agent shall have the power and authority
to determine issues related to compliance with the provisions of this
article and to bring and prosecute in the name of the Township enforcement
and penalty proceedings for violations of its provisions.
D.
The property owner of record of the subject property against which
enforcement action has been taken shall have those appeal rights as
set forth in the Township's Zoning Ordinance.
E.
Any person or entity which has been convicted on two occasions for
violations of this article, or which fails to comply with any of the
provisions of this article, or which violates the conditions of its
DEP permit relating to the handling, treatment or disposition of septic
materials, or of any law or ordinance governing its operation, shall
be barred from operating within the Township for a period of not less
than six months nor more than two years.
The Board shall, by resolution, adopt a fee schedule for the
administration of this article. Said schedule shall be kept on file
by the Township Secretary and shall be reviewed and revised as necessary.
