[HISTORY: Adopted by the Board of Supervisors of the Township
of Londonderry as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-13-2013 by Ord. No. 03-2013]
The purpose of this article is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage, whether from residential or commercial
uses. It is hereby declared that the enactment of this article is
necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this municipality. The failure
of on-lot sewage disposal systems on properties with no suitable locations
for replacement of on-lot sewage disposal systems constitutes a nuisance
or a public health hazard. Holding tanks shall only be installed in
Londonderry Township to abate a nuisance or public health hazard,
as determined by the CCHD, or as a permitted use pursuant to Pennsylvania
Code Title 25, Chapters 71 and 73.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Board of Supervisors of Londonderry Township, Chester
County, Pennsylvania.
Any person seeking approval for a holding tank or constructing
a holding tank in accordance with a permit issued by the CCHD.
The Chester County Health Department, which administers the
issuance of permits for holding tanks in the various municipalities
of Chester County.
The Pennsylvania Department of Environmental Protection.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water-carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
Any property within the municipality upon which there is
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
Londonderry Township, Chester County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the municipality.
Any individual, partnership, company, association, corporation
or other group or entity.
See definition for "holding tank."
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 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 recreation, or any substance
which constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1.
to 691.1001).
The agency is hereby authorized and empowered to undertake within
the municipality the control and methods of holding tank use, sewage
disposal and sewage collection and transportation thereof.
The agency is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
All such rules and regulations adopted by the agency shall be
in conformity with the provisions herein, all other ordinances of
the municipality, and all applicable laws, rules and regulations of
administrative agencies of the Commonwealth of Pennsylvania.
The agency shall have the right and power to fix, alter, charge
and collect rates, assessments, and other charges in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law.
No landowner shall erect, own, operate or maintain, or cause
to be erected, owned, operated or maintained, any holding tank on
his/her lands, nor shall any person own, operate, erect or maintain
any holding tank on lands of another unless a permit therefor has
been issued by the CCHD and/or the DEP. The landowner shall enter
into a Londonderry Township Holding Tank Agreement, a form of which
is attached to this article as Exhibit A,[1] with the Township regardless of the reason for the installation of the holding tank. Execution of a Londonderry Township Holding Tank Agreement shall require the approval of the Municipal Engineer as specified in § 112-8. Holding tanks shall only be utilized in accordance with Pennsylvania Code Title 25, Chapters 71 and 73.
[1]
Editor's Note: The Londonderry Township Sewage Holding Tank Agreement is included at the end of this chapter.
Before any holding tank agreement is executed with any owner
or other person in Londonderry Township, all of the following conditions
shall be met:
A.
The owner shall provide evidence to the municipality that the on-lot
septic system which serves the property has failed and that no other
viable alternative means of sewage collection and disposal are available
to the property.
B.
The owner has paid any required application fees.
C.
The proposed holding tank meets the design standards contained herein
and has been reviewed and approved by the Municipal Engineer.
D.
Evidence of issuance of a holding tank permit from the CCHD and/or
the DEP shall be provided to the municipality.
Any person desiring to own, construct, operate or maintain a holding tank on lands within Londonderry Township shall file a permit application for said holding tank on a form supplied by, or satisfactory to, the agency, together with all plans and other materials necessary to demonstrate compliance with all of the requirements of this article. The agency shall establish by resolution, and may from time to time by resolution amend, a schedule of fees for the permit application for such holding tanks and the administration of this article. The applicant shall also apply for a holding tank permit from the CCHD and/or the DEP. After the CCHD and/or the DEP issues a holding tank permit, a copy of said permit shall be provided to the municipality. A Londonderry Township Holding Tank Agreement shall be executed by the municipality only after all of the conditions contained in § 112-8 above are met.
A.
Holding tanks shall be constructed in accordance with Pennsylvania
Code Title 25, § 73.31(b)(1).
B.
Holding tank capacity shall be in accordance with Pennsylvania Code
Title 25, § 73.31, except that no holding tank shall have
a capacity less than 1,000 gallons.
C.
Pursuant to Pennsylvania Code Title 25, § 73.62, the holding
tank shall be equipped with a warning device to indicate when the
tank is filled to within 75% of its capacity. Such warning device
shall create an audible and visible signal at a location near the
holding tank frequented by the owner or owner's representative.
Additionally, a weather-resistant sign shall be posted near the signal
showing an emergency phone number for the owner and the municipality,
with an explanation to call in case of emergency.
D.
All holding tanks shall be covered. No malodorous or noxious fumes
shall be detectable outside the holding tank.
E.
All holding tanks shall be placed on an adequately prepared excavation.
Antiflotation anchoring shall be adequately provided where required
as determined by engineering calculations.
F.
Holding tanks shall be located in a secured area, such as within
a locked fence, and all access ways shall be individually locked.
The owner, municipality, and approved hauler shall each be furnished
with keys to all locks.
G.
All drawings, specifications, and design calculations for holding
tank construction and installation shall be approved by the Township
Engineer prior to construction.
A.
Construction of the holding tank facilities shall be subject to inspection
and approval by the CCHD at such times and phases of construction
specified by the CCHD. The holding tank facilities may not be placed
in operation, and no connections made thereto, until the holding tank
facilities have been completed and inspected by the CCHD. All reasonable
costs incurred by the municipality related to review of plans and
specifications and to conducting inspections shall be reimbursed to
the municipality by the applicant.
B.
The holding tank shall be installed, operated and maintained in accordance
with applicable DEP and CCHD regulations, including, but not limited
to, 25 Pa. Code § 73.61 et seq., as well as the Londonderry
Township Sewage Holding Tank Agreement. The owner shall have the holding
tank pumped out as frequently as necessary to ensure that no sewage
escapes the holding tank for any reason other than removal by a waste
hauler licensed by the CCHD for disposal at a DEP-approved site.
C.
Periodic inspection of the holding tank facilities may be made by
the municipality in order to ensure that all components of the holding
tank facilities are in good working condition. Such inspections, however,
shall not relieve the applicant of his/her obligation to inspect and
properly maintain the holding tank facilities.
D.
The applicant shall maintain a log of when each inspection was conducted,
when the holding tank was pumped, and the quantity of sewage removed
from the holding tank. The applicant shall send a copy of the log
to the municipality each month.
E.
In the event that inspections conducted by the CCHD or the municipality's
representative identify the need to repair and/or replace any component
part or all of the holding tank facilities or to modify operating
procedures in order to ensure the holding tank facilities remain in
compliance with the DEP requirements, the applicant shall complete
such repairs and/or implement such operating procedures within 10
calendar days following the determination that corrective actions
are required and shall certify to the DEP and/or the CCHD and the
municipality that the repairs have been made and/or that the operating
procedures have been modified. Notwithstanding the foregoing, the
correction and abatement of nuisance conditions, overflows, odors
and failures or other conditions constituting an emergency shall be
corrected immediately. Any repairs that are found to be necessary
shall require a permit from the CCHD.
F.
In the event that the applicant fails or refuses to comply with any
reasonable recommendation of the municipality or DEP with respect
to repair and/or replacement of the holding tank facilities or any
parts thereof or upon the modification of operating procedures, the
municipality shall have the right to enter the property in order to
conduct inspections and/or perform any repairs or replacements with
respect to the holding tank facilities. All costs incurred by the
municipality related to such activities shall be reimbursed to the
municipality by the applicant. Prior to entering private property
and conducting inspections and/or performing any repairs or replacements
of the holding tank, facilities or their component parts, the municipality
shall provide a minimum of 24 hours' advanced written notice
to the applicant of its intention to enter the property and the purpose
for such entry. During the period between receipt of the written notice
and the scheduled inspection or repair, the applicant may cure any
known deficiency prior to entry to the property by the municipality.
A.
The collection and transportation of all sewage from any improved
property utilizing a holding tank shall be done solely by or under
the direction and control of the agency or hauler licensed by the
CCHD, and the disposal thereof shall be made only at such site or
sites as may be approved by the DEP.
B.
The agency will receive, review and retain pumping receipts from
permitted holding tanks.
C.
The agency will complete and retain annual inspection reports for
each permitted holding tank.
The owner of an improved property that utilizes a holding tank
shall:
A.
Maintain the holding tank in conformance with this article or any
ordinance of this municipality, the provisions of any applicable law,
and the rules and regulations of the agency and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit only the CCHD, the Agency, or its agent, or an entity licensed
by the CCHD, to inspect holding tanks on an annual basis.
Any person who violates any provisions of this article shall,
upon conviction thereof by summary proceedings, be sentenced to pay
a fine of not less than $500 and not more than $5,000 and in default
of said fine and costs, to undergo imprisonment in the county prison
for a period not in excess of 90 days.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and shall
be abated by the municipality or the agency by either seeking mitigation
of the nuisance or appropriate equitable or legal relief from a court
of competent jurisdiction.
[Adopted 8-13-2013 by Ord. No. 04-2013]
A.
This article shall be known and may be cited as the "On-Lot Sewage
Management Program Ordinance."
B.
As mandated by the Municipal Code, the Clean Streams Law (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.) ("Act 537"), municipalities have the
power and the duty 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 overall purpose of
the sewage management program is 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 the municipality to intervene in situations which are public
nuisances, and to establish appeal procedures necessary for the proper
administration of the sewage management program.
For the purposes of this article, the following definitions
shall apply:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et. seq., known as the "Pennsylvania Sewage Facilities
Act."
Any person who is delegated by the municipality to function
within specified limits as the agent of the municipality to carry
out the provisions of this article.
The Board of Supervisors of Londonderry Township, Chester
County, Pennsylvania.
The Chester County Health Department, which is responsible
for site suitability and soil testing for all OLDS, as well as subdivision
and land development plan reviews, permitting of OLDS with capacities
of 10,000 gallons per day or less, inspection of OLDS construction,
and maintenance of records of permits and subdivision.
A database implemented by the CCHD for the collection of
septic tank pumping records. The database warehouses all of the locations,
pumping dates, and volumes of sewage that a liquid waste hauler has
pumped at individual properties since 2005. Chester County requires
all liquid waste haulers to enter their pumping records into the county
database.
An individual employed by the municipality to administer
and enforce this article and other ordinances and codes in the municipality.
[1]The Department of Environmental Protection of the Commonwealth
of Pennsylvania ("DEP").
See definition for "retaining tank."
[2]The condition which occurs when an OLDS discharges sewage
onto the surface of the ground, or into groundwaters of this commonwealth,
or into surface waters of this commonwealth, or back up into the building
connected to the system, or otherwise 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 of the conditions
noted above occur for any length of time during any period of the
year.
Londonderry Township ("Township"), Chester County, Pennsylvania.
This definition may also apply to the Board as the governing body
of the Township.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the municipality and approved by the
DEP, as described in and required by Act 537.
Any system of piping, tanks, or other facilities, serving
a single lot, for the treatment and disposal of sewage or the clarified
sewage into the soil for final treatment and disposal.
[Amended 7-12-2016 by Ord. No. 03-2016]
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, company, 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
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.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems, and who is licensed by the
CCHD to conduct septage pumping and hauling operations in the Township.
The work done to modify, alter, repair, enlarge or replace
an existing OLDS, which shall be in accordance with a permit issued
by the CCHD and with strict oversight from the CCHD.
A portion of a lot or a developed property that has been
tested and sized to allow the installation of an OLDS, which is required
to be preserved to allow that installation in the event of the malfunction
of the presently installed OLDS. The replacement area shall be preserved
and protected until needed.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
The sewage, residual scum, and sludge pumped from an OLDS.
Any substance found within an OLDS that contains any 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 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, 35 P.S.
§ 691.1 et seq.
An employee of the Chester County Health Department, certified
by the Pennsylvania Department of Environmental Protection (PaDEP).
This official issues and reviews sewage permit applications in Londonderry
Township and conducts such investigations and inspections as are necessary
to implement Act 537 and the rules and regulations promulgated thereunder.
[Amended 7-12-2016 by Ord. No. 03-2016]
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's Act 537 Plan. The
sewage management district of the Township hereby encompasses the
entire municipality.
A program that establishes specific operation and maintenance
requirements to be followed by all properties served by individual
sewage disposal systems.
A document allowing the construction of an OLDS, issued on behalf of the CCHD (a delegated agency of the DEP) by the SEO when proper application, fees, test results, field investigations and other required information and a suitable system design have all been provided to the SEO in accordance with Pennsylvania Code Title 25, Chapter 72, Administration of Sewage Facilities Permitting Program.
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.
An individual employed by the municipality to administer
and enforce the Londonderry Township Zoning Ordinance.[3]
[1]
Editor’s Note: The former definition of “community
sewage system,” which immediately followed this definition,
was repealed 7-12-2016 by Ord. No. 03-2016.
[2]
Editor’s Note: The former definition of “individual
sewage system,” which immediately followed this definition,
was repealed 7-12-2016 by Ord. No. 03-2016.
A.
The provisions of this article shall apply throughout the Township
and to all persons owning or occupying any property serviced by an
OLDS and to all persons installing or rehabilitating an OLDS.
B.
There may arise geographic areas within the municipality where numerous
OLDSes are malfunctioning. A resolution of these area-wide problems
may necessitate detailed planning and a municipal sponsored revision
to that area's Act 537 Plan. When a DEP-authorized official sewage
facilities plan revision has been undertaken by the municipality,
mandatory repair or replacement of individual sewage systems that
are malfunctioning within the study area may be delayed, at the discretion
of the municipality, pending the outcome of the plan revision process.
However, the municipality may compel immediate corrective action whenever
a malfunction, as determined by authorized agents of the municipality,
represents a serious public health or environmental threat.
A.
No person or landowner shall install, rehabilitate, modify, construct,
or request bid proposals for construction or alteration of any OLDS
or construct or request bid proposals for construction or installation
or occupancy of any building or structure for which an OLDS is to
be installed without first obtaining a sewage permit from the SEO
of the CCHD indicating that the site and the plans and specifications
of such OLDS is in compliance with the provisions of Act 537 and the
standards adopted pursuant to that Act. Proof of OLDS permit issuance
shall be presented to the Township in the form of a properly executed
permit signed by the SEO of the CCHD.
[Amended 7-12-2016 by Ord. No. 03-2016]
B.
No OLDS shall be covered from view until approval to cover the same
has been given by the SEO.
[Amended 7-12-2016 by Ord. No. 03-2016]
C.
The municipality requires persons issued a sewage permit to notify
the SEO of the schedule for construction of the permitted OLDS so
that any inspection(s), in addition to the final inspection required
by Act 537, may be scheduled and performed by the SEO.
D.
No building or zoning permit shall be issued by the municipality,
its Zoning Officer, Building Official, or CEO for a new building which
will generate sewage until a valid sewage permit has been obtained
from an SEO employed by the CCHD.
E.
No building or zoning permit shall be issued and no work shall begin
on any addition, alteration or conversion of any existing structure
if said addition, alteration or conversion will result in the increase
or potential increase of sewage flowing from the structure, until
the municipality's Zoning Officer and the structure's owner
receive from the SEO either a sewage permit for alteration, rehabilitation
or replacement of the existing OLDS or written notification that such
a sewage permit will not be required. The SEO may require input from
the municipal CEO when making the final sewage facilities adequacy
determination.
F.
No building permit shall be issued by the municipality or its Zoning
Officer, Building Official, or CEO for the occupancy of any new building,
addition, alteration or the change of use of any building, addition
or alteration until the SEO has informed the municipality or said
official that the existing OLDS or rehabilitated, altered, or newly
constructed OLDS is complete, operating and has had final inspection,
and has been given final approval for use.
G.
Sewage permits may be issued only by an SEO employed by the CCHD.
H.
No contractor or person may proceed to install, construct, rehabilitate
or alter an OLDS without verifying that the landowner has complied
with this article.
[Amended 7-12-2016 by Ord. No. 03-2016]
A.
Any revisions to the municipality’s Act 537 Plan which are
prepared pursuant to the applicable regulations of the Department
for subdivision or development of land within the Township or any
Township building, subdivision ordinance, etc., shall provide for
the testing, identification, and reservation of a replacement area
on each lot or developed property suitable for the installation of
a replacement OLDS. This requirement is in addition to the testing,
identification, and preservation of an area for the primary OLDS.
C.
Where an existing dwelling is found to have a malfunctioning OLDS,
the property owner, in the course of addressing and remedying the
malfunctioning system, will not be required to test, identify, and
reserve a replacement area.
D.
A sewage
permit, issued for any proposed OLDS on any newly created or subdivided
property, or any vacant lot proposed for development, located in any
sewage management district, including the testing, identification,
and reservation of a replacement area, shall be a prerequisite for
the issuance of any building permit for construction on such lot.
All subdivision plans must show the location of two approved OLDS
sites on each lot.
E.
The designated
replacement area shall be permanently protected from any construction
activities or earth disturbance. Such construction renders the replacement
location unusable which threatens the water quality and other natural
resources of the Township and is hereby declared to be a nuisance
and abatable as such in accordance with the provisions of the Second
Class Township Code.
A.
Any OLDS may be subject to routine inspections by the municipality's
authorized agent between 7:00 a.m. and 7:00 p.m. as of the effective
date of this article. Inspections shall only be conducted after a
minimum of 24 hours' advanced notice is given in writing to the
property owner. This notice requirement does not apply to enforcement
inspections performed by the SEO of the CCHD. A schedule of routine
inspections may be established by the municipality, if necessary,
to assure the proper function of the systems in the sewage management
district.
B.
The municipality's authorized agent shall have the right to
enter upon land for the purposes of inspection described herein.
C.
In addition to routine inspections, the municipality's authorized
agent shall inspect systems known to be, or alleged to be, malfunctioning.
Should said inspections reveal that the OLDS is indeed malfunctioning,
the municipality and its authorized agent shall notify the landowner
and CCHD of the malfunction and the repairs required and take action
to require the correction of the malfunction.
D.
The inspection may include a physical tour of the property, the taking
of water samples from surface water, wells, or other groundwater sources,
the sampling of the contents of the OLDS 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 sewage generated
in the structure. Any individual taking samples on behalf of the municipality
shall be properly qualified.
E.
An inspection may be conducted by the municipality's authorized
agent after the effective date of this article for the purpose of
determining the type and functional status of each OLDS in the Township.
An inspection shall only be conducted after a minimum of 24 hours'
advanced notice is given in writing to the property owner. A written
report detailing the inspection and required actions by the landowner
shall be furnished to the landowner of each property inspected, and
a copy of said report shall be maintained in the municipality's
records.
Only normal domestic wastes shall be discharged into any OLDS.
The following shall not be discharged into the OLDS:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including, but not limited
to, drugs, antibiotics, pesticides, disinfectants, acids, paints,
paint thinners, herbicides, gasoline and other solvents.
D.
Clean surfacewater or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
E.
Butcher shop or animal processing waste.
F.
Any nonbiodegradable materials.
A.
Any person owning, occupying, renting, or leasing a property served by an OLDS shall have the system tank cleaned out by pumping by a pumper/hauler licensed by the CCHD. The hauling and pump-out shall take place no later than September 30 of the year for the cycle in which the property/land is designated for pumping as set forth below in § 112-23F of this article.
[Amended 7-12-2016 by Ord. No. 03-2016]
B.
In the event that any person or landowner believes he/she qualifies
for an exemption from pumping/maintenance requirements because he/she
believes the tank to be filled with solids less than 1/3 of the liquid
depth of the tank or with scum less than 1/3 of the liquid depth of
the tank, he/she may hire a licensed professional acceptable to the
Township to inspect the tank for a determination in accordance with
this section. Where the professional's investigation confirms
that the content of the tank does not require pumping in accordance
with the terms of this section and documents those findings, the landowner
may submit such report to the Township and will be deemed exempt from
the pumping maintenance requirement for a period as determined by
the Township.
C.
Any person or landowner owning a building served by an OLDS which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. In no case may the cleaning and pumping intervals for the aerobic treatment tanks exceed the requirements set forth below in § 112-23F. Such persons shall maintain the aerobic system as required by the manufacturer’s operation manual.
[Amended 7-12-2016 by Ord. No. 03-2016]
D.
Any person or landowner owning a building served by a cesspool shall have that OLDS cleaned and pumped according to the requirements set forth below in § 112-23F. As an alternative to this scheduled pumping of the cesspool, the landowner may secure a sewage permit from the SEO for a septic tank to be installed preceding the cesspool. For a system consisting of a cesspool preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval. Any on-lot septic system cleaning or pumping of the cesspool shall include an inspection of the sidewalls of the cesspool. If the sidewalls are in need of repair as determined by the hauler, the property owner is responsible to obtain a permit from the SEO for a replacement system. It should be noted that cesspools are no longer approved sewage management systems; therefore, the replacement system shall not be a cesspool but shall rather be a sewage disposal system meeting the requirements of the CCHD.
E.
The municipality's authorized agent may require additional maintenance
activity 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 sewage
disposal area, etc.
F.
Any person or landowner owning a property served by an OLDS shall
have the tank cleaned out by pumping at least once every three years
as required by 25 Pa. Code § 71.73. The Township shall employ
a cycle system for pumping to include staggered deadlines for various
areas of the Township for maintenance in accordance with the aforementioned
Pennsylvania Code section. Areas 1, 2, and 3 are depicted graphically
on Exhibit A attached to this article.[1] Pumping requirements shall commence on October 1, 2013.
All on-lot disposal systems in Area 1 shall be pumped between October
1, 2013, and September 30, 2014. Pumping cycles shall commence on
October 1 and end the following September 30. The area to be pumped
shall change each cycle and shall repeat the following pattern: Area
1, Area 2, Area 3. After the end of the cycle in which Area 3 is required
to be pumped, the pattern shall begin again with Area 1. For example,
the cycle for Area 2 shall commence on October 1, 2014, and shall
expire on September 30, 2015. As such, a different area will have
a pumping requirement each and every year, and each area will be subject
to pumping requirements once per three year period.
[1]
Editor's Note: The Londonderry Township Sewer Service Areas Map is included at the end of this chapter.
G.
The required cleaning/pumping frequency for a particular septic system
on a particular property may be increased at the discretion of the
municipality's authorized agent if the septic tank, cesspool,
or tank is undersized, if solid buildup in the tank is above average,
if the hydraulic load on the OLDS increases significantly above average,
if a garbage grinder is used in the building, if the OLDS malfunctions,
or for other good cause shown.
H.
The pumper/hauler shall enter the pump-out data into the CCSMDS.
I.
Any septic tank cleaning and pumping shall include an inspection
of the baffles within the septic tank. If the baffles are in deteriorated
condition, the landowner is responsible to ensure replacement of the
baffles with sanitary tees. A sewage permit shall be required to replace
deteriorated baffles with sanitary tees.
J.
The municipality's authorized agent may require installation
of water conservation devices and other methods to improve OLDS operations.
The use of such water conservation devices, including but not limited
to low-flow toilets, showerheads, and dishwashers, shall be required
when an existing facility is to be replaced and as part of any new
construction.
K.
Where the operator of any sewage disposal facility is required to
submit an annual report to DEP in accordance with Pennsylvania Code
Title 25, Chapter 94, the operator shall submit a copy of such report
to the Township.
[Amended 7-12-2016 by Ord. No. 03-2016]
L.
The owner of any property served by an OLDS shall enter into a Londonderry
Township on-lot disposal system operation and maintenance agreement,
attached to this article as Exhibit B,[2] prior to the issuance of a building permit by the Township.
[2]
Editor's Note: The Londonderry Township On-Lot Disposal System Operation and Maintenance Agreement is included at the end of this chapter.
A.
No person or landowner shall operate and maintain an OLDS in such
a manner that it malfunctions. All liquid wastes, including kitchen
and laundry wastes and water softener backwash, shall be discharged
to an OLDS. 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 to discharge has been obtained from
the DEP.
B.
The CCHD shall issue a written notice of violation to any person
who is the landowner of a property in the municipality that is found
to be served by a malfunctioning the OLDS or which is discharging
raw or partially treated sewage without a sewage permit. The municipality
may inform the CCHD of known problems but shall not be responsible
for enforcement.
C.
Within 30 days of notification by the municipality or CCHD that a
malfunction has been identified, the landowner shall make application
to the SEO for a sewage permit to repair or replace the malfunctioning
OLDS.
D.
The municipality's authorized agent shall have the authority
to require the remediation of any on-lot sewage disposal system malfunction
under the regulations set forth in Pennsylvania Code Title 25, Chapters
71, 72, and 73.
E.
In lieu of, or in combination with, the remedies described in § 112-24D, above, the municipality's authorized agent may require the installation of water conservation equipment and the institution of water conservation practices in structures served.
F.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing OLDS, the landowner
is not absolved of responsibility for that malfunction. The municipality
may require whatever action is necessary to mitigate the malfunction.
This may include a requirement to connect to a community sewage system
regardless of distance to such system, the installation of a holding
tank compliant with the Township's holding tank Ordinance and
CCHD requirements, or the vacating of a structure. The municipality
may require the landowner to apply to the DEP for a sewage permit
to install a system to remedy the situation. Upon receipt of said
sewage permit, the landowner shall complete construction of the system
within 60 days, unless seasonal or unique conditions mandate a longer
period. The municipality shall determine the construction period in
this case.[1]
[1]
Editor’s Note: Former Subsection G, permitting the Township’s
authorized agent to design a program of interim remedial actions until
public sanitary sewers are available to property in need of future
sewage service, which immediately followed, was repealed 7-12-2016
by Ord. No. 03-2016.
The municipality, upon written notice from the municipality's
authorized agent that an imminent health hazard exists due to failure
of a landowner to maintain, repair or replace an OLDS, as provided
under the terms of this article, shall have the authority to perform
or contract to have performed, the work required by the municipality's
authorized agent. The landowner shall be charged for the work performed
and, if necessary, a lien shall be entered therefore in accordance
with the law.
A.
All septage originating within the Township shall be disposed of
at sites or facilities approved by the DEP.
B.
Septage pumper/haulers 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
to 6018.1003).
C.
All pumper/haulers must be licensed by the CCHD to pump septage within
or from the municipality.
D.
The municipality shall establish rules and regulations for the licensure
procedure and shall set fees for the licensure by way of resolution.
A.
In addition to violations of other portions of this article or violations
of the Act, the following shall constitute violations:
(1)
The municipality shall issue a written notice of violation to any person who is the landowner of property in the municipality if the municipality has not received from the landowner and hauler on-lot sewage system certification forms proving that their septic tank, cesspool, or tank has been cleaned and pumped within the time limits as specified by the Township's timetable based on the requirements of § 112-23F.
(2)
Within 30 days of notification by the municipality that a septic
tank, cesspool, or tank has not been pumped within the time limits
set by this article, the landowner shall have said septic tank, cesspool,
or tank cleaned and pumped. The pumper/hauler and landowner must provide
the municipality with the on-lot sewage system certification form
showing that the OLDS has been cleaned and pumped, or this shall also
be considered a violation of this article. Any person or landowner
interfering with the pumper's/hauler's responsibility to
notify the municipality under this article shall be in violation and
susceptible to all penalties herein. As with the previous notification
sections set forth in this article, the landowner of the building
shall ensure that the pumper/hauler supplies the municipality with
the certification form of pumping for each property and/or OLDS.
A.
The municipality shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The municipality may employ qualified individuals to carry out the
provisions of this article. Those employees shall be qualified and
may include a CEO, secretary, engineer, solicitor, administrator or
other persons as required. The municipality 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
an OLDS in the municipality shall become the property of the municipality.
Existing and future records shall be available for public inspection
pursuant to the terms and limitations of the Pennsylvania Open Records
Law.[1] All records pertaining to sewage permits, building permits,
occupancy permits and all other aspects of the municipality's
sewage management program shall be made available, upon request, for
inspection by representatives of the DEP.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
D.
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this article.
E.
The municipality may establish a fee schedule by resolution and subsequently
collect fees by any appropriate method, including the use of municipal
liens to cover the cost to the municipality of administering this
program.
A.
In addition to remedies available under this article as it relates
to nuisances, violations of this article or interference with any
officer, agent or the municipality itself, the municipality may assess
civil penalties after providing notice of such penalties or assessments.
B.
Available damages. The municipality may assess the cost of damages
caused by violations of this article, applicable fines and penalties,
the cost of correcting such violation(s), as well as legal fees, costs
of enforcement and fees incurred to hold hearings as set forth in
this Section upon the person in violation.
C.
Enforcement notice. The authorized agent, including but not limited
to the CEO, shall provide a notice of violation of the terms of this
article and the proposed assessment of penalty, if applicable, to
the person in violation. The notice of violation shall include the
following information, at minimum:
(1)
The name of the landowner of record or any other person in violation
of this article and/or against whom the municipality intends to take
action.
(2)
The location of the land/property in violation.
(3)
The specific violation, with the description of the requirements
which have not been met, citing in each instance the applicable provisions
of the Ordinance.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed, and/or the
date on which action had to occur.
(5)
That the landowner or other persons named on the notice of violation,
has the right to request an appeal hearing before a hearing officer
other than the authorized agent who issued the notice of violation.
(6)
The deadline for requesting a hearing is 30 days from the date of
the notice of violation. Such hearing shall be held not more than
60 days from receipt by the municipality of the request for the hearing.
(7)
That failure to comply within the time specified on the notice, unless
extended by appeal to the municipality, constitutes a violation, with
possible sanctions clearly described in the notice of violation.
D.
Penalty. The civil penalty may be assessed whether or not the violation
was willful. The civil penalty so assessed shall not be less than
$300 and not more than $2,500 for each violation. In determining the
penalty, the municipality shall consider:
(1)
The willfulness of the violation;
(2)
Damage to water, land or other natural resources or their uses and
the cost of restoration and abatement;
(3)
Financial gain or expenditure avoided for the person in violation
as a consequence of the violation;
(4)
Deterrence of future violations; and
(5)
Other relevant factors.
E.
Manner of providing notice. The enforcement notice shall be sent
to the landowner of record of the parcel on which the violation has
occurred, or to any person requested in writing by the landowner of
record in the following manner: The civil enforcement notice shall
be sent by certified mail and first-class mail, prepaid, to the owner
of record of the property or parcel on which the violation has occurred,
to any person who has filed a written request to receive civil enforcement
notices regarding the property or parcel, or to any other person requested
in writing by the owner of record.
F.
Violation hearing. After receipt of a notice of violation, the landowner
has a right for a hearing before a hearing officer, as set forth in
this section, to evaluate the violation and the amount of the penalty
or cost pursuant to the following procedures:
(1)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(2)
It is not necessary to keep a stenographic record of the proceedings.
However, any party desiring to keep a stenographic record will be
allowed to do so at his/her expense, and said stenographic record
shall be compiled by a properly recognized stenographer. Any parties
ordering stenographic records shall pay their own costs.
G.
Additional penalties. If a person against whom costs or a civil penalty has been assessed after notice and a hearing, if such hearing is requested, fails to pay the assessed costs or penalty in full under § 112-29D or to perfect an appeal de novo under § 112-30 within thirty days following assessment of the civil penalty, such failure to pay or perfect an appeal shall constitute a separate violation for which an additional civil penalty may be assessed pursuant to § 112-29D. Additional violations shall be deemed to occur and additional civil penalties may be assessed pursuant to § 112-29D each time a person fails to pay or perfect an appeal under § 112-30.
H.
Weekly penalties. In any case where the authorized agent/hearing
officer determines that damage resulting from the violation is of
a continuing nature, the authorized agent/hearing officer, on behalf
of the municipality, may impose a weekly assessment of no more than
$2,500 per week for each week the violation continues unabated by
the violator. The weekly assessment shall accrue indefinitely after
the date of the assessment to the violator.
I.
Payment of penalties. Costs and civil penalties shall be payable
to the municipality and shall be collectible in any manner provided
by law for the collection of debts. If any person liable to pay these
costs or penalties neglects or refuses to pay the same after demand,
the amount of costs or civil penalty, together with interest and any
costs that may accrue, shall constitute a judgment in favor of the
municipality upon the real property of the person in the form of a
lien from the date it has been entered and docketed on the record
of the Chester County Prothonotary.
When the municipality has assessed costs or a civil penalty
pursuant to this article, the person assessed with the costs or penalties
shall have 30 days to pay the costs or penalty in full. If the person
wishes to contest the penalty or the fact of the violation, the person
shall have a right to an appeal de novo pursuant to the Local Agency
Law, P.L. 1133, No. 353,[1] before the Board. In order to file an administrative appeal,
the person shall forward the amount of the civil penalty to the municipality
within the thirty-day appeal period for placement in an escrow account
in such manner as is acceptable pursuant to Act 537. If through administrative
or final judicial review of the proposed assessed penalty it is determined
that no violation occurred or that the amount of the penalty is reduced,
the municipality shall, within 30 days, remit the appropriate amount,
less costs of appeal, to the person.
[1]
Editor's Note: See now 2 Pa.C.S.A. §§ 105,
551 et seq. and 751 et seq.
Subsequent appeals of any order or penalty set forth pursuant to § 112-29 of this article shall be to the Court of Common Pleas of Chester County.
Nothing in this article shall be construed or interpreted to
prohibit the municipality from filing a petition for injunction or
similar court action if the municipality shall determine that immediate
or irreparable harm would come to persons or property from violations
of this article. A violation of this article in itself shall be evidence
of immediate and irreparable harm for purposes of enforcement of this
article.
Nothing contained in this article shall be construed or interpreted
to grant any person or entity other than the municipality the right
to commence an action for enforcement pursuant to this section.
Although this article is intended to provide guidelines for
the proper installation and maintenance of an OLDS, nothing contained
herein should be interpreted as a guarantee to the applicants or owners
or system users that systems installed under the provisions of this
article will function as intended. Uncontrollable variables such as
soil characteristics, actual water usage, misuse of the system, and
material or construction inadequacies may cause a system malfunction,
even though the requirements of the Department and this article are
reasonably followed.
