[Ord. 741-06, 10/23/2006]
This Part shall be known as and may be referred to, in short,
as the "Borough of Hamburg On-Lot Sewage Ordinance."
[Ord. 741-06, 10/23/2006]
The purposes of this Part shall include:
A.
The regulation of soil testing for installation, inspection, operation,
rehabilitation, replacement, and timely ongoing maintenance of on-lot
sewage disposal systems ("OLDS") within the Borough.
B.
The establishment of provisions and safeguards for the Borough which
enable the issuance of permits for bonded systems and individual residential
spray irrigation systems ("IRSIS") by and through the Sewage Enforcement
Officer ("SEO").
C.
The establishment of minimum standards for the periodic pumping of
treatment and pump tanks which are components of an OLDS permitted
by the SEO.
D.
The adoption, by reference, of standards for initial inspection and
subsequent pumping of systems and tanks.
E.
The establishment of standards for the proper abandonment of an OLDS.
[Ord. 741-06, 10/23/2006]
The terms, when used in this Part, shall mean the following:
A component of an individual or community OLDS, where liquid
from a treatment tank seeps into the soil, which shall consist of
an aggregate-filled area containing piping for the distribution of
liquid and the soil or a sand/soil combination located beneath the
aggregate.
A portion of a lot, tract or parcel that encompasses the
primary and replacement area and which shall be delineated and preserved.
The primary and replacement areas need not be contiguous.
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., which is known as the "Pennsylvania Sewage
Facilities Act."
A certified sewage enforcement officer (SEO), professional
engineer, or sanitarian, plumbing inspector, soil scientist, water
quality specialist, or any other person who is designated to carry
out the provisions of this Part as the agent of the Borough Council
of the Borough of Hamburg.
An individual sewage system located on a single lot serving
a single-family residence, where soil mottling is within 20 inches
of the mineral soil surface, and the installation, operation, and
replacement of which is guaranteed by the property owner.
The Borough of Hamburg, Berks County, Pennsylvania.
A farm or tractor implement used to "rough up" or scarify
the soil surface, break down surface vegetation, and increase the
soil surface area.
A system, whether publicly or privately owned, for the collection
of sewage or industrial wastes of a liquid nature from two or more
lots and for the treatment or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
The Borough Council of the Borough of Hamburg, Berks County,
Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any person, partnership, or corporation which erects or contracts
to erect a building on property owned by it, with the intent to sell
the building to some other party upon its full or partial completion
or upon the conveyance of property on which the building is to be
built.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial, or institutional establishment with sewage flows equal
to 400 gallons per day.
An individual sewage system that uses a system of piping,
tanks, or other facilities for the collecting, treating, and disposing
of sewage into a soil-absorption area or retaining tank.
An individual sewage system that serves a single-family dwelling
and that treats and disposes of sewage using a system of piping, treatment
tanks, and soil renovation through spray irrigation.
An individual sewage system which uses a method of collection,
conveyance, treatment, and disposal other than renovation in a soil-absorption
area or retention in a retaining tank.
A liquid, gaseous, radioactive, solid or other substance,
which is not sewage, resulting from manufacturing or industry or other
plant or works and mine drainage, silt, coal mine solids, rock, debris,
dirt and clay from coal mines, coal collieries, breakers or other
coal processing operations. The term includes substances whether or
not generally characterized as waste.
The condition which occurs when an on-lot system causes pollution
to the ground or surface waters, contamination of private or public
drinking water supplies, nuisance problems or a hazard to the public's
health.
A property shall be deemed to exhibit "marginal conditions"
if it displays any of the following characteristics:
Gross lot size of less than one and five-tenths acre.
Wetlands.
Floodplain.
Limiting zones of less than 20 inches to evidence of seasonal
highwater table or rock.
Slopes in excess of 25%.
Isolation limitations that would limit available space for OLDS
or reduce the net lot size to less than one and five-tenths acre.
Individual or community on-lot sewage disposal systems.
Any person, corporation, partnership, etc. holding deed or
title to lands within the Borough.
A revision to, or exception to the revision of, the Official
Plan, submitted in accordance with DEP regulations and in connection
with the request for approval of a subdivision or land development
plan.
An area on a lot, tract, or parcel of land that has been
tested by the SEO and found suitable, based upon the then-current
DEP site requirements, for the installation of an OLDS and which will
be preserved and protected from alteration for installation of the
initial OLDS for the sewage generated on that lot, tract, or parcel.
(See "replacement area.")
An area on a lot, tract, or parcel of land, separate from
the primary area, that has been tested by the SEO and found suitable,
based upon the then-current DEP site requirements, for the installation
of an on-lot system and which will be preserved and protected from
alteration for potential future use if the primary area on the same
lot, tract, or parcel shall fail for any reason. (See "primary area.")
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. This term includes but is not limited
to the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste material to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste which employs the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for re-use in flushing.
The residual scum, sludge, and other materials pumped from
septic or aerobic treatment tanks and the systems which they serve.
Any substance that contains any waste products or excrement
or other discharge from the bodies of human beings or animals. It
shall also refer to a substance harmful to the public health, an animal
or aquatic life, or the use of water for domestic water supply or
for recreation, or a substance that constitutes pollution to the waters
of the Commonwealth under the Clean Streams Law, as amended 35 P.S.
§ 691.1001 et seq.
A practicing Pennsylvania ARC PAC or PAPSS certified soils
professional qualified for on-lot sewage evaluations.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs, and
other bodies or channels of conveyance of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of the Commonwealth of Pennsylvania.
[Ord. 741-06, 10/23/2006]
This section shall require all permits herein to be acquired
in coordination with all necessary building permits and DEP permitted
systems.
A.
All individual or community OLDS, regardless of the size of the lot,
tract or parcel on which they are proposed to be constructed, are
subject to the issuance of a permit by the SEO pursuant to the requirements
of this Part and the Act.
B.
Building and zoning permits shall not be issued for any building
or improvement to real property to be serviced by an OLDS prior to
receiving a permit for the installation of the OLDS from the SEO.
C.
All sewage system components, including absorption areas, must be
located on the same lot, tract or parcel as the structure they will
serve. Systems or components cannot be located on a separately deeded
parcel, regardless of the parcel's ownership, except through
means of an easement.
D.
All planning modules proposing individual or community OLDS, which
require a DEP permit, shall include a provision granting the Borough
and its agents the right to enter the premises to inspect the construction
and/or operation of the DEP permitted system. If the system is not
being constructed or operated according to the permitted design, the
Borough and its agents shall issue a stop-work order or revoke the
occupancy permit until construction or operation is brought into compliance
with the permit.
E.
No part or component of any OLDS shall be altered, extended, augmented,
modified or repaired without the issuance of a repair permit by the
SEO.
F.
No OLDS shall be used or loaded in a manner that is inconsistent
with the permit that was issued herein to authorize the system's
installation.
G.
Permit applications for OLDS that include electronically, mechanically,
hydraulically or pneumatically operated or controlled devices shall
be accompanied by the respective manufacturer's recommended maintenance
schedule and product specifications.
H.
Permit applications for which the provisions of § 18-407 apply shall include a fully executed maintenance contract indicating the person or company responsible to carry out the required maintenance, the maintenance schedule and a provision stating that the Borough shall be promptly notified of termination of the maintenance contract.
[Ord. 741-06, 10/23/2006]
1.
Soil-probe and percolation testing and/or soil morphological evaluations
by a soil scientist to provide a replacement area shall be required
on all proposed lots which exhibit marginal conditions, as defined
herein.
2.
A replacement area shall be required for all unimproved lots existing
prior to the effective date of this Part, which are intended to be
serviced by a soil-absorption system and contain marginal soils but
for which a permit to install an OLDS has not been issued.
3.
Allowance of open land for the replacement area without performance
of appropriate soil testing to verify suitability of the land for
a replacement area shall not constitute compliance with this Part.
4.
The location of the primary and replacement areas shall be delineated
and identified as an absorption-area easement on the plot plans and
maps or diagrams submitted as part of the permit application and subdivision
or land development plan.
5.
The description, including metes and bounds, of every absorption-area
easement shall be recorded as part of the deed for each lot created
as part of a subdivision or land development and shall contain language
reflecting the following:
A.
No improvements, whether permanent or temporary, shall be constructed
upon or within the absorption-area easement.
B.
No permanent or temporary alterations, grading, excavation, stockpiling
of any soil or any other material shall take place on or in the absorption-area
easement.
C.
During any construction or other activities, the absorption-area
easement shall be so marked to prevent equipment with greater wheel
loadings than a common garden tractor/riding mower from traveling
over or operating on the surface of the absorption-area easement.
D.
The final cover or improvement to every absorption-area easement
shall be limited to shallow-rooted vegetation. The exception shall
be where drip irrigation or IRSIS systems are proposed, provided that
trees will be allowed to remain.
E.
No trees shall be planted or remain which are located within 10 feet
of the proposed sewage-absorption area.
6.
A landowner wishing to alter the use of the absorption-area easement
must first document, through a site evaluation by the SEO, that an
additional area suitable for the installation of an OLDS exists and,
upon such a finding, shall:
[Ord. 741-06, 10/23/2006]
1.
All sites shall have a minimum of two soil probes excavated and observed
by the SEO.
2.
Commercial or community sites shall have a minimum of one probe every
50 feet on conventional ground-based systems and one probe every 100
feet for drip and spray sites. Probes shall be staggered in order
that the lower probe is in the middle of the upper two.
3.
All sites shall have a minimum of six percolation test holes conducted
uniformly within the proposed sewage-absorption area.
4.
Commercial and community sites shall require a number of percolation
test holes in accordance with the following:
|
Proposed Absorption Area
(square feet)
|
Number of Percolation Test Holes
| |
|---|---|---|
|
2,000
|
9
| |
|
3,000
|
12
| |
|
4,000
|
15
| |
|
5,000
|
18
| |
|
6,000
|
21
| |
|
7,000
|
24
|
5.
No sewage system repairs may be completed involving the installation
of a new sewage-absorption area or a repair to an existing sewage-absorption
area without completing percolation and soil-probe testing as provided
herein.
6.
All percolation and soil-probe testing shall be observed by the Borough
SEO to be valid.
7.
All percolation and probe excavations shall be located on a referenced
scaled plan drawing by the applicant or subdivider within 60 days
after completion.
8.
The applicant or landowner shall be responsible to protect the safety,
health and welfare of all individuals relative to conducting on-site
probe and percolation testing. The excavations shall be protected
during testing and closed within 72 hours thereafter.
[Ord. 741-06, 10/23/2006]
1.
All applications for an OLDS that propose to use an IRSIS as the
treatment method shall be accompanied by a maintenance agreement between
the owner and the Borough providing for an annual inspection by the
SEO, which shall be conducted at the owner's expense, in accordance
with the currently adopted Borough fee schedule, for the purpose of
monitoring the satisfactory operation of the system. The inspection
shall include analyses of effluent at a DEP-certified laboratory for
compliance with DEP standards. Said testing may be conducted based
upon samples taken by the owner, who must send a copy to the Borough.
2.
Also included in this requirement shall be systems permitted by DEP,
such as stream or swale discharge, and all holding tanks, whether
residential, commercial or temporary.
4.
Module submissions for DEP-permitted systems shall be accompanied
by a financial guaranty of the same type and character that is required
elsewhere in this section.
5.
The financial guaranty shall assure that the Borough has access to
sufficient funds to operate, maintain, repair or replace any component
of the IRSIS in the event that the owner:
A.
Fails to maintain the system or any of the system's components
according to the manufacturer's specifications;
B.
Fails to service, clean, inspect, and/or pump the treatment tank(s)
in accordance with the other applicable standards of this Part; or
C.
Fails to conduct testing and monitoring at least annually, or more
frequently, if required by DEP regulation, and report the analysis
to the Borough.
6.
From the date that the permit application or planning module is submitted
to the SEO or Borough and continuing for a period ending two years
after the date the system's installation is approved or verified
by the SEO, the financial assurance shall be in an amount not less
than 50% of the contract price for the installation of the system
and all related system components.
7.
Beginning two years after the date the system's installation
is approved or verified by the SEO and continuing as long as the system
is in use, the financial assurance shall be reduced to an amount not
less than 10% of the actual construction cost for the installation
of the system and other related system components.
8.
The financial guaranty shall be forfeited by the owner and the Borough
shall apply the funds to the repair, operation and maintenance of
the system when:
A.
The system is not maintained according to the standards of this Part,
applicable DEP regulations or the manufacturer's specifications;
B.
The treatment tank(s) are not serviced, cleaned, inspected and/or
pumped according to the applicable standards of this Part; or
C.
The testing and monitoring are not conducted according to the standards
of this Part, applicable DEP regulations or the manufacturer's
specifications.
[Ord. 741-06, 10/23/2006]
1.
Permits for OLDS shall comply with all provisions of Title 25, Pa.
Code Chapters 71-73, and any amendments thereto, and comply with this
Part. A permit shall be obtained from the Borough's SEO prior
to conducting any alteration, construction or repair to any sewage
system within the Borough, regardless of lot size or configuration.
The Borough shall retain final authority for the conditions and issuance
of OLDS permits.
2.
The Code Enforcement Officer or authorized person of the Borough
shall not issue a building permit for a building to be served by either
an individual or community OLDS without first receiving a copy of
the permit for the OLDS issued by the Borough's SEO.
3.
The Code Enforcement Officer or authorized person of the Borough
shall not issue an occupancy permit for a building to be served by
either an individual or community OLDS without first receiving a copy
of the permit for the OLDS bearing the signature of the Borough's
SEO granting approval to cover.
4.
In addition to the standard items required by PA DEP regulations,
all systems shall provide, at a minimum, the following:
A.
Cleanouts at the end of laterals with a removable plug for all pressurized
systems.
B.
All piping from the treatment tank to the absorption area shall have
a minimum thickness of Schedule 40 PVC.
C.
Where a distribution box is used, a cleanout shall be provided at
the inlet of the d-box to identify its location, which shall also
be installed with a watertight cap above final grade.
D.
Where a manifold is used for gravity distribution, at least one cleanout
must be provided in seepage bed piping, to identify location and to
check ponding, which shall also be installed with a watertight cap
above final grade.
5.
Conventional in-ground trench sewage systems shall have the following
minimum horizontal separation distances from edge of trench to edge
of trench as follows:
|
Land Slope Percentage
|
Minimum Horizontal Separator
| |
|---|---|---|
|
0% — 10%
|
6 feet
| |
|
10% — 20%
|
7 feet
| |
|
21% — 25%
|
8 feet
|
[Ord. 741-06, 10/23/2006]
1.
Privately owned community systems are subject to the same requirements
of this Part as an individual OLDS. In addition, the following shall
be applicable to community systems:
A.
A list of the names and addresses of all participants in the community
OLDS shall be provided to the Borough.
B.
Participants shall be equally liable for expenses incurred by the
Borough or its authorized agent on the shared component of the system
unless they have decided among themselves to assume unequal burdens
of responsibility for the system, in which case all expenses incurred
shall be assessed accordingly by the Borough.
C.
Expenses incurred on the individual property of participants by the
Borough or its authorized agent shall be assessed against the individual
participant.
2.
Participants in a community OLDS shall be assessed directly for expenses
incurred by the Borough or its authorized agent unless an organization
exists that manages the system, in which case the Borough may deal
solely with that organization.
[Ord. 741-06, 10/23/2006]
1.
2.
All specified OLDS construction observations shall permit visual
review of all sewer system components prior to placing soil cover.
3.
Any sewage system component covered without review and observations
by the SEO will be required to be opened for examination prior to
approval.
4.
No structure may be occupied nor may any land be placed in use where
an OLDS is utilized without the sewage system being approved by the
Borough SEO.
5.
Construction observation requests should be received by the SEO two
working days prior to requiring the same. All OLDS projects shall
require inspection regardless of time of inspection request.
6.
The Code Enforcement Officer or other authorized person of the Borough
shall not issue a demolition permit for any building that is served
by an OLDS without first receiving written notice from the SEO that
the OLDS has been properly abandoned.
7.
Landowners wishing to abandon an existing OLDS must first contact
the SEO for instructions and/or standards for the proper abandonment
of said system. The owner shall be responsible to pay the necessary
fees incurred for a minimum of one compliance inspection in accordance
with the current municipal fee schedule. Exact requirements for safe
abandonment of OLDS may vary according to the individual system characteristics
and design. Requests will be handled on a case-by-case basis by the
Borough.
8.
The Borough of Hamburg's plumbing code requires the Borough
to inspect the building sewer. A property owner/excavator shall contact
the Borough prior to installation for the inspection requirements.
[Ord. 741-06, 10/23/2006]
The minimum horizontal distances which shall be maintained between
the named feature and the sewage absorption area pump tank (PT), septic
tanks (ST), and/or holding tank (HT) are as follows:
|
Named Feature
|
Distance to HT, ST, PT, TP
(feet)
|
Distance to Sewage Absorption Area
(feet)
|
Distance to Alternate Drip Tubing
(feet)
|
Spray Irrigation System
(feet)
|
|---|---|---|---|---|
|
Water supply well
|
50
|
100
|
102
|
100
|
|
Driveway
|
10
|
10
|
12
|
25
|
|
Pool
|
10
|
50
|
52
|
100
|
|
Occupied building
|
10
|
10
|
12
|
100
|
|
Cistern
|
25
|
25
|
27
| |
|
Water suction line
|
50
|
100
|
102
|
100
|
|
Water supply line under pressure
|
10
|
10
|
12
|
10
|
|
Stormwater infiltration system
|
50
|
100 uphill
|
100 uphill
| |
|
35 downhill
|
20 downhill
| |||
|
35 side
|
20 side
| |||
|
Drainage swale
|
10
|
10
|
12
|
25
|
|
Stormwater pond
|
25
|
50
|
52
|
50
|
|
Stream or lake
|
25
|
50
|
52
|
50
|
|
Grading or disturbed area
|
5
|
10
|
12
|
10
|
|
Closed depression or mini hole
|
50
|
100
|
102
|
100
|
|
Slopes above 25%
|
10
|
10
|
10
|
10
|
|
Property lines
|
10
|
10
|
12
|
25
|
|
Unoccupied buildings
|
10
|
10
|
12
|
25
|
|
Rock outcrop
|
10
|
10
|
12
|
25
|
|
NOTE:
|
|---|
|
HT = Holding Tank; ST = Sewage Tank; PT = Pump Tank; TP = Treatment
Plant.
|
[Ord. 741-06, 10/23/2006]
1.
All systems shall be operated by the owner in a manner that is in
full compliance with the terms of this Part, DEP regulation(s) and
the system's permit.
2.
Only sewage and normal domestic wastes may be discharged into any
OLDS.
3.
4.
The Borough may require the on-site pretreatment of effluents prior
to their discharge to any sewage facilities owned and operated by
the Borough or any other entity in an effort to assure that the effluent's
chemical or biological constituents are compatible with the renovative
methods employed by the receiving facilities.
5.
The owner of a property upon which an OLDS is constructed shall at
all times operate and maintain the OLDS in such condition as will
permit it to function in the manner in which it was designed and to
prevent the unlawful discharge of sewage.
6.
The owner of a property upon which an OLDS is constructed shall maintain
the area around such system so as to provide convenient access for
inspection, maintenance, and pumping and shall divert surface water
and downspouts away from the absorption area and system components.
7.
Every aerobic or septic treatment tank is recommended to be pumped
out every three years, or more frequently for smaller nonconforming
tanks.
8.
When the treatment tank of an OLDS is pumped out, all dosing tanks,
lift tanks and other tanks associated with the system shall also be
pumped out.
9.
Holding tanks shall be pumped out at such intervals as will prevent
overflow, leakage, backup, other malfunction or a public health hazard
or nuisance, but not less frequently than one time per year in accordance
with this Part.
10.
The SEO may require additional maintenance activities, including
but not limited to cleaning or unclogging of piping; servicing or
repair of electrical or mechanical equipment; leveling of distribution
boxes, tanks and lines; removal of obstructing roots or trees; and
diversion of surface water away from soil-absorption areas.
[Ord. 741-06, 10/23/2006]
1.
In the event a property owner detects conditions that indicate or
could reasonably be interpreted to indicate a malfunction, the landowner
shall contact the SEO and, if repair or replacement is necessary,
apply for a permit to repair or replace the malfunctioning system.
A.
Landowners who disclose to the SEO the presence of a malfunction
upon their lands shall not be penalized for the disclosure.
B.
If a landowner who has disclosed the presence of a malfunction fails
to make voluntary repairs, the Borough may seek injunctive or other
relief to compel the repair of the malfunction or cause the repair
to be effectuated.
2.
The Borough's SEO shall have the authority to order the repair
or replacement of any existing sewage disposal system with an up-to-date
method of sewage disposal. This authority shall include the replacement
of any component of the system, the addition of components to the
system and the replacement of an existing septic system with a completely
different system, as determined by site evaluation and soil testing
as deemed appropriate by the SEO.
3.
Rehabilitation of a malfunctioning system as ordered by the SEO shall
commence construction within 30 days of issuance of said order and
shall be completed within 60 days, unless seasonal conditions mandate
a longer period, in which case the SEO will set an extended completion
date. If construction is not commenced or completed within the allotted
time period, the SEO shall file the proper legal proceedings as provided
in Subsection 1A herein.
4.
The owner of a malfunctioning system may not undertake any independent
repair, modification or replacement of the system without prior notice
to and approval of the Borough SEO. Upon completion, the SEO shall
inspect the rehabilitated system and certify its compliance with state
and local standards, prior to its use.
[Ord. 741-06, 10/23/2006]
1.
Any OLDS owner found to be violating the provisions of this Part shall be served by the SEO with written notice stating the nature of the violation and the penalties prescribed in Subsection 2 below. This notice shall provide a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
2.
Any person who shall violate any provision of this Part, shall be
liable for the payment of a fine and penalty in an amount not less
than $500 and not exceeding $5,000, plus costs, or to imprisonment
not to exceed 90 days, or both. Each day a violation continues shall
constitute a separate offense.
3.
Any septage waste hauler who violates any of the provisions of this
Part or other regulations of the Borough and conditions of its permit
or of any state or local law governing its actions shall, upon conviction
thereof, be suspended from operating within this Borough for a period
of not less than six months nor more than two years for each violation,
as to determined by the Borough.
4.
Upon written notice from the SEO that an imminent health hazard exists
due to the failure of a property owner to properly operate, maintain,
repair or replace an OLDS as provided under the terms of this Part,
the Council shall have the authority to perform or contract to have
performed any repairs as may be directed by the SEO to abate the health
hazard.
5.
The costs for the actual repair, repair permit and site investigations
in support of the permit shall be the responsibility of the property
owner.
6.
The Borough may take all action necessary to recover those costs
in accordance with the law, including entering a lien against the
property.
7.
The Borough may seek injunctive relief to prevent continued use of
a malfunctioning system.
8.
A violation will be assessed against both parties, when the property
is under joint ownership with a contractor, if construction occurred
without compliance with this Part.
[Ord. 741-06, 10/23/2006]
1.
All permits for the installation of OLDS shall be conditioned upon
the inclusion of language in the deed establishing a grant of right
of entry by the landowner, his heirs, successors and assigns to the
Borough for the limited purpose of inspecting, maintaining, sampling,
testing, evaluating or repairing the OLDS described in the application
and permit. The right to enter shall include the right to excavate
any part of the property or to sample soil water or septage. Upon
completion of the activity requiring excavation, the SEO shall return
the land to its former condition as soon as possible.
2.
The grant of right of entry cannot be revoked, suspended, or discontinued
by the present or any future owner.
3.
Property on which an OLDS presently exists or on which an OLDS is
under construction shall not be conveyed by the owner without the
inclusion of language in the deed establishing and assigning a nonrevocable
grant of right of entry by the landowner, his heirs, successors and
assigns to the Borough for the limited purpose of inspecting, maintaining,
sampling, testing, evaluating or repairing the OLDS described in the
application and permit.
4.
In the event that the OLDS is abandoned and not replaced by another
OLDS and all sewage is collected and treated at a site not on the
lot, the Borough shall abandon the easement and right of entry, which
shall then cease.
[Ord. 741-06, 10/23/2006]
1.
The owner of any property serviced by an OLDS shall be subject to
all the requirements contained herein.
2.
If the owner does not reside on the property in question or within
a building on said property, the owner remains responsible for compliance
with this Part. Responsibility for compliance may be transferred to
the lessee or resident of the building by an agreement between the
owner and the lessee or resident. The Borough will not recognize said
agreement until notified in writing. If the lessee or resident shall
move out of the building, responsibility shall revert back to the
owner, even though a valid agreement with the lessee or resident continues
to exist.
3.
Upon transfer of responsibility for compliance, the owner shall provide
the lessee or resident with a copy of all information concerning prior
installation, operation, and maintenance of the OLDS.
4.
Upon transfer of responsibility for compliance in accordance with
the above requirements, all references to "owner" in this Part shall
hereinafter refer to the lessee or resident of the building or property.
5.
The owner of any building serviced by an OLDS within the Borough
shall become subject to all of the requirements contained herein upon
the occurrence of one of the following:
[Ord. 741-06, 10/23/2006]
The Council may, by resolution, establish a fee schedule and
collect fees to cover the Borough's actual costs of administering
this Part.
[Ord. 741-06, 10/23/2006]
1.
Appeals from decisions of the Borough SEO shall be made to the Borough
Manager, in writing, within 30 days from the date of the written decision
issued by the SEO.
2.
The appellant shall be entitled to a hearing before the Council at
its next regularly scheduled meeting, if made at least 14 days prior
to the meeting. If made within 14 days of the next meeting, the appeal
shall be heard at a special meeting. The Council shall thereafter
reverse, modify or affirm the SEO's decision. The hearing may
be postponed for good cause shown by the appellant or the Borough.
Additional evidence may be presented at the hearing, provided it is
submitted with the written notice of the appeal.
3.
A decision shall be rendered within 30 days of the date of the hearing.
If a written decision is not rendered within 30 days, the relief sought
by the appellant shall be deemed granted.
