[Adopted 6-28-2010 by Ord. No. 2010-3 (Ch. 18, Part 6, of
the 1991 Code of Ordinances)]
As mandated by the Clean Streams Law (35 P.S. §§ 691.1
to 691.1001), and the Pennsylvania Sewage Facilities Act (35 P.S.
§ 7501 et seq.), 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 Official Sewage Facilities Plan for Fairview Township
has evaluated the need to implement an On-Lot Management Program to
effectively prevent potential water pollution and hazards to the public
health caused by improper treatment and disposal of sewage.
A.
To bring and keep the municipality within the requirements of the
Clean Streams Law (Act of 1937, P.L. 1987, No. 394) and the Pennsylvania
Sewage Facilities Act (Act of 1966 P.L. 1535, No. 537, as amended,
known as "Act 537").
B.
To provide for inspection, pumping, maintenance, and rehabilitation
of private and public on-lot sewage systems.
C.
To establish penalties and appeal procedures necessary for the proper
administration of such a management program.
As used in this article, the following terms shall have the
meanings indicated:
The Act of 1966, P.L. 1535, No. 537, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A certified sewage enforcement officer, Code Enforcement
Officer, professional engineer, Plumbing Inspector, Township Manager,
or any other qualified or licensed person who is delegated by the
Township to carry out the provisions of this article within specified
limits.
The Fairview Township Board of Supervisors, York County,
Pennsylvania.
A belowground cavity built of loose rock or blocks that provides
for the temporary storage of sanitary sewage until the sewage drains
into the surrounding area.
An authorized agent of the Township to administer and enforce
other ordinances in the Township.
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.
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 the Commonwealth of Pennsylvania.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition occurring when an on-lot sewage system causes
pollution to ground or surface waters, contamination of private or
public drinking water supplies, nuisance problems or is a hazard to
public health. Any treatment or holding tank observed to be leaking
or any instance where sewage is backing up into a building connected
to the system is considered a malfunction. 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.
The Township of Fairview, York County, Pennsylvania.
A Comprehensive Plan for the provision of adequate sewage
disposal systems, adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act,[1] hereinafter called the "Plan," it shall mean the Fairview
Township Act 537 Plan, as amended.
A comprehensive set of legal and administrative requirements
including this article, the Act, the Clean Streams Law, and all regulations
and requirements adopted by the Board to enforce and administer this
article.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sewage systems
and community sewage systems.
Any person having an equitable or legal interest in real
estate in Fairview Township.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate,
or other legally recognized entity.
A properly executed York County Solid Waste and Refuse Authority
Sludge/Septage Manifest.
A person or organization licensed by the York County Solid
Waste Authority to conduct septage pumping and hauling within York
County.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot disposal system.
Any human excrement, other domestic or restaurant waste,
or other material or substance removed from a portable toilet, septic
tank, seepage pit, treatment tank, cesspool, or other enclosure used
for the storage or decomposition of sewage, but does not include liquid
industrial waste.
A Township form to be completed by the pumper/hauler for
each individual tank and forwarded to the Township after each inspection
and/or pumping.
A watertight tank that provides for the treatment of sanitary
sewage prior to its discharge to an absorption area.
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 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. 94), known as the "Clean
Streams Law," as amended.[2]
An agent of the Township, DEP certified, to issue and review
permit applications and conduct such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated thereunder.
Any method of sewage collection, conveyance, treatment, and
disposal that will prevent the discharge of untreated or inadequately
treated sewage into the waters of this commonwealth or otherwise provide
for the safe and sanitary treatment and disposal of sewage.
Any area or areas of the Township designated in the 537 Plan
adopted by the Board as an area where sewage management is to be implemented.
The Township of Fairview, York County, Pennsylvania.
From the effective date of this article, its provisions shall
apply to every owner of a lot served by an on-lot sewage system within
Fairview Township and all persons or businesses servicing on-lot sewage
systems (constructing, pumping, inspecting, or repairing on-lot sewage
systems) within the Township.
A.
The Township shall notify all owners of property served by an on-lot
sewage system that their system must be pumped and inspected by the
end of the calendar year in which the letter is received. The Township
shall follow a schedule whereby a quarter of all of the owners of
properties within the Township served by on-lot sewage systems are
notified annually of the pumping and inspection requirement, such
that all owners are notified at least once every four years. Any person
owning a building served by an on-lot sewage system within the Sewage
Management District, which contains a treatment tank, shall have the
tank pumped by a qualified pumper/hauler. The property owner must
have his system pumped within the time period specified in the Township's
notification letter, unless he can provide the Township with a receipt,
or other written evidence satisfactory to the Township, showing that
his tank has been pumped within one year prior to the date of the
Township's letter.
B.
Property owners within the Sewage Management District must return
a fully completed septic system report, completed by the qualified
pumper/hauler, to the Township within 30 days of the date of pumping.
The property owner shall mail or hand-deliver the Septic System Report
to the Township municipal building at 599 Lewisberry Road, New Cumberland,
PA 17070.
C.
Commencing from the date of pumping as prescribed in Subsection A above, removal of septage or other solids from treatment tanks shall be performed every four years or whenever an inspection program reveals the treatment tanks are filled with solids in excess of 1/3 of liquid depth of the tank or filled with scum in excess of 1/3 the liquid depth of the tank.
D.
The required pumping frequency may increase at the determination
of the SEO for the following reasons:
(1)
If the tank is undersized;
(2)
If solids buildup in the tank is above average;
(3)
If the hydraulic load on the system increases significantly above
average;
(4)
If a garbage grinder is used in the building; or
(5)
If the system malfunctions or for other good cause "not shown" or
"not listed above" (as determined by the SEO).
E.
Treatment tanks to be pumped more frequently than the required four
years must have a septic system report prepared and provided to the
Township within 30 days of each pumping occurrence.
F.
The Township may allow a treatment tank to be pumped less than once
every four years if it is demonstrated to the satisfaction of the
Township that the system will operate to its maximum efficiency with
less frequent pumping. In no case shall the period extend beyond eight
years. Such a request may be made after the initial pumping and inspection.
Requests must be in writing with all supporting documents attached.
The Township, in making its determination, shall take into account
the information submitted by the applicant, the sewage permit issued
by the Township SEO upon installation or rehabilitation of the system
and supporting documentation, reports of inspection and maintenance
of the system including documentation that the sludge depth and/or
scum layer is less than 1/3 of the tank capacity as determined by
a pumper/hauler, and other relevant information, and may conduct an
on-site inspection. The applicant shall bear the cost of any inspection,
surface or subsurface, and soil or wastes sampling conducted for the
purposes of evaluating the request. The applicant shall receive a
decision within 30 days of accumulation of all necessary information
by the Township.
G.
Tanks shall be deemed to be pumped when all organic solids are removed
and the total average liquid depth remaining in the tank is less than
one inch.
H.
Holding tanks shall be pumped out at intervals that prevent the overflow,
leakage, backup, and other malfunctions characteristic of an overloaded
system.
I.
The owner of a property upon which an on-lot sewage system is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance, and pumping and to divert surface
water and downspouts away from the absorption area and other on-lot
sewage system components.
J.
Tanks shall only be pumped from/through the manhole/access port (i.e.,
the largest tank opening). Tanks shall not be pumped from/through
the observation port.
K.
Any person owning a building served by an alternate system or on-lot sewage system that 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 in response to the initial notification in accordance with Subsection A. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those required for septic tanks.
L.
The Township may require additional maintenance activity as needed,
including, but not necessarily limited to:
A.
An inspection shall be conducted whenever an on-lot sewage system
is pumped in accordance with this article. It shall be the property
owner's responsibility to schedule the inspection with a qualified
pumper/hauler for the same time as the system is pumped.
B.
The person completing the inspection shall prepare a written report
on the inspection findings using the Fairview Township Septic System
Report form and immediately provide the completed form to the property
owner.
C.
An authorized agent of the Township shall inspect systems known to
be or alleged to be malfunctioning. Should said inspection reveal
that the system is indeed malfunctioning; the Township's authorized
agent shall take action to require the correction of the malfunction.
D.
Any on-lot sewage system may be inspected by the Township's
SEO at any reasonable time as of the effective date of this article.
E.
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, other groundwater sources, the
sampling of the contents of the sewage system itself and/or the introduction
of a traceable substance into the interior plumbing of the structure
served to ascertain the path and ultimate destination of wastewater
generated in the structure. The owner will bear the cost of the inspection
and the analysis of any sample(s).
Only normal domestic wastes shall be discharged into any on-lot
sewage system. The following shall not be discharged into the system:
A.
Industrial wastes.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including, but not limited
to, pesticides, disinfectants, acids, paints, thinners, herbicides,
gasoline and other solvents.
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
Any person who shall install new or rehabilitated on-lot sewage
systems shall provide a marker or markers at ground level locating
all major subsurface components of the system. The Township SEO shall
establish marker types and required locations. In addition, a riser
or access hatch shall be constructed so as to enable easy access to
the waste disposal tank and prevent odors from escaping and to prevent
children from removing the hatch. Accessibility for visual inspection
and maintenance shall be provided in the drainage fields via four-inch
vertical, nonperforated PVC pipe connected directly to the drain tile
at a minimum of four locations in the drainage field, and such installation
shall be subject to Township SEO approval.
A.
The Township's SEO shall have the authority to require the repair
of any malfunction by the following methods:
(1)
Cleaning, repair or replacement of components of the existing system;
(2)
Adding capacity or otherwise altering or replacing the existing systems
treatment tank;
(3)
Expanding the existing disposal area;
(4)
Replacing the existing disposal area;
(5)
Replacing a gravity distribution system with a pressurized system;
(6)
Replacing the system with a holding tank; and
(7)
Other alternatives as appropriate for the specific site or building.
B.
In lieu of, or in combination with, the remedies described above,
the SEO may require the installation of water conservation equipment
and the institution of water conservation practices in structures
served. Water-using devices and appliances in the structure may be
required to be retrofitted with water-saving appurtenances. Wastewater
regeneration in the structure may also be reduced by requiring changes
in water usage patterns in the structure served.
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of a property owner to maintain,
repair or replace an on-lot sewage system, as provided under the terms
of this article, shall have the authority to perform or contract to
have performed the work required by the SEO. The owner shall be charged
for the work performed and, if necessary, a lien shall be entered
therefor in accordance with law. The Township reserves the right to
pursue all other lawful remedies.
A.
All septage originating within the Township shall be disposed of
at sites or facilities approved by DEP.
B.
Only pumpers/haulers licensed to operate within York County shall
be utilized.
C.
Septage pumpers/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
through 6018.1003).
A.
The Township shall employ or contract with qualified individuals
to carry out the provisions of this article.
B.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage systems in the Township shall become the property of
the Township. Existing and future records shall be available for public
inspection during required business hours at the Township office.
All records pertaining to sewage permits, building permits, occupancy
permits and all other aspects of the municipality's on-lot management
program shall be made available, upon request. A fee for copying may
be charged.
C.
The Township Supervisors shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
D.
The Supervisors may establish a fee schedule, and subsequently collect
fees, to cover the cost to the Township of administering this program.
Any person aggrieved with the actions of the Sewage Enforcement
Officer or any other authorized agent of the Township may file an
appeal in accordance with Act 537 (see 35 P.S. § 750.16).
A.
Any person who shall violate or fail to comply with any provision
of this article shall, upon conviction thereof by a summary proceeding
action brought before a Magisterial District Judge in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, be sentenced to pay a fine of not less
than $100, nor more than $1,000, plus all court costs, or imprisonment,
all pursuant to the purposes and mandate of Act No. 172 of 1996, as
amended.[1] Each day's continuance of a violation of this article
shall constitute a separate offense.
[1]
Editor's Note: See 53 P.S. § 66601.
B.
The discharge by the Township of its obligations as set forth in
this article shall create no liability upon the Township, its officials,
employees or agents.
C.
All reports, inspections, appraisals, certifications or records required
or produced by the Township, its officials, employees or agents, as
required by this article, shall be for the use and benefit of the
Township only and shall not be accepted, utilized or relied upon by
any other person or party by way of certification or otherwise.
