Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Plumbing Code — See Ch. 1424.
[Ord. No. 315, passed 2-12-1998]
This chapter shall be known and cited as the "Community On-Lot and Community Stream Discharge Sewage Disposal System Management Program" of the Township of Upper Providence.
[Ord. No. 315, passed 2-12-1998]
The purpose of this chapter is to provide for the management and/or ownership and operation, maintenance and inspection of community sewage disposal systems, both on-lot and stream discharge, and establish penalties and appeal procedures necessary for the proper administration of such a Program.
[Ord. No. 315, passed 2-12-1998]
(a) 
This chapter applies to any person, partnership, or corporation, public or private, who or which is the owner, or agent of the owner, of a community on-lot (COLDS) or stream discharge sewage (CSDDS) disposal system.
(b) 
This chapter shall apply to the design, operation, maintenance, inspection, permitting and/or installation of community sewage systems as governed by the Department of Environmental Protection.
[Ord. No. 315, passed 2-12-1998]
(a) 
Generally. As used in this chapter:
(1) 
AEROBIC SEWAGE TREATMENT TANK — Means a mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to a stream or absorption area.
(2) 
COMMUNITY ON-LOT DISPOSAL SYSTEM (COLDS) — Means any system, whether publicly or privately owned, for the collection of sewage from two or more dwelling units or lots, and the treatment and/or disposal of the sewage on one or more of the lots or at any other site for final disposal, in whole or in part, into the soil.
(3) 
SEPTIC TANK — Means a treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
(4) 
STREAM DISCHARGE SYSTEM — Means any system, whether publicly or privately owned, for the collection and treatment of sewage and discharging directly into waters of the Commonwealth of Pennsylvania after treatment.
(5) 
TREATMENT TANK — Means a watertight tank designed to retain sewage long enough for satisfactory bacterial decomposition of the solids to take place. The term includes "aerobic sewage treatment tank" and "septic tank."
(b) 
Other definitions. All other words and terms, when used in this chapter, shall have the meanings set forth in Title 25, Chapter 73, Standards for Sewage Disposal Facilities, of the Pennsylvania Department of Environmental Protection (PADEP), unless the context clearly indicates otherwise.
[Ord. No. 315, passed 2-12-1998]
(a) 
Any person who or which is the owner (public or private) of any community on-lot or stream discharge sewage system serving as a means of sewage treatment and disposal within the Township is subject to all requirements of this chapter.
(b) 
The owner shall be responsible for obtaining all required permits from the Township, the PADEP and any other agencies requiring permits for the construction, installation or operation of such system.
[Ord. No. 315, passed 2-12-1998]
(a) 
All privately owned community on-lot (COLDS) or stream discharge (CSDDS) sewage disposal systems are subject to the applicable sections of this chapter. Owners shall provide the Township with the following:
(1) 
Names and addresses of owners of privately owned systems.
(2) 
Names and addresses of all users of privately owned systems.
(3) 
The name and address of the contractor engaged to operate and maintain a privately owned sewage system.
(4) 
An assessment of liability for expenses for the system user.
(b) 
No privately owned community on-lot disposal system (COLDS) or stream discharge (CSDDS) system may be installed, constructed or operated without the owner providing the Township with the following:
(1) 
Agreements, satisfactory to the Township Solicitor, that assign system users equal liability for expenses incurred by the Township or its authorized agent if the privately owned system has been declared in violation by the PADEP or the Township of any Municipal, State, or Federal statutes, ordinances or rules and regulations.
(2) 
A fee schedule that has been established for all system users of which an assigned percentage of the users' monthly costs shall be deposited in a Township escrow account.
(3) 
A forfeiture bond, escrow or other equity that has been provided to the Township equal to 50% of the construction and/or annual operation costs of the treatment system.
The above provisions shall be retroactive and shall apply to existing treatment plants.
(c) 
The Township or its authorized agent may exercise its right to secure any escrow fund, forfeiture bond or other equity provided by the owner or owners of the system, provided that:
(1) 
The Township finds it necessary to protect the general welfare and public health of its citizens;
(2) 
The Township has been ordered by the PADEP to bring the treatment plant into compliance with the provisions of the Clean Streams Law (35 P.S. 691.1, 691.1001) and the Pennsylvania Sewage Facilities Act of January 24, 1986, P.L. 1535, as amended, 36 P.S. 750.1 et seq.); or
(3) 
The owner of the system has been cited for and convicted of a violation of Township, State or Federal laws, ordinances, or rules and regulations.
(d) 
Forfeiture bonds, escrow accounts or any other equity required by this chapter shall be used only for the direct or indirect expenses incurred by the Township or its authorized agent for the maintenance, rehabilitation or repair of the collection and treatment components of the system and associated fines, penalties or suits in equity.
(e) 
Forfeiture bonds, escrow accounts or other equity established to guarantee construction may be reduced in amounts equal to the value of the construction that is complete and in place.
[Ord. No. 315, passed 2-12-1998]
All private and/or publicly owned systems shall be designed and constructed in accordance with the standards as set forth by the Township and the PADEP and in a manner and according to specifications acceptable to the Township Engineer.
[Ord. No. 315, passed 2-12-1998]
(a) 
All operating community on-lot (COLDS) and stream discharge (CSDDS) sewage disposal systems that are recognized in the Township's Official Plan for Sewage Disposal as part of a Sewage Management Program shall be subject to inspection both during construction and operation by the Township or its authorized agent.
(b) 
The Township or its authorized agent may inspect, as deemed necessary, any component of any sewage system to determine its compliance with the PADEP and/or Township standards and/or its operation.
(c) 
The Township or its authorized agent may sample any sewage (treated or untreated), soils or surface and/or ground waters in the disposal and/or treatment areas.
(d) 
The owner of a private system shall be provided with a copy of the inspection report by the Township or its authorized agent.
[Ord. No. 315, passed 2-12-1998]
(a) 
The owner of a private or public community on-lot (COLDS) or stream discharge (CSDDS) sewage disposal system shall contract with a certified sewage treatment plant operator for the day to day operation and maintenance of the system.
(b) 
The owner of a private system shall provide the Township with copies of operation and maintenance contracts.
(c) 
The owner of a private system shall arrange for the pumping of any treatment tank by a septage hauler licensed by Upper Providence Township and shall provide the Township with a report in form and content as specified by the proposed Licensing of Septage Hauler Ordinance, such pumping and resultant report to occur at least one time during each calendar year.
(d) 
The owner will supply the Township with copies of all reports with regard to plant operations and testing within 30 days of completion.
[Ord. No. 315, passed 2-12-1998]
(a) 
The Township will require a permit fee and review and inspection fees for the construction of a system.
(b) 
An annual fee shall be established and assessed to the owner of private sewage treatment systems for the purpose of paying all costs, charges and fees to administer the Sewage Management Program.
(c) 
The Township reserves the right to establish charges and fees by resolution for the Sewage Management Program.
[Ord. No. 315, passed 2-12-1998]
Any person, being the owner or agent of the owner of a private community on-lot or stream discharge sewage disposal system found to be violating any provisions of this chapter, shall be served by the Township with written notice stating the nature of the violation and providing 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.
[Ord. No. 315, passed 2-12-1998]
The penalties set forth in Section 202.99 (a), (c) and (d) of these Codified Ordinances shall apply each day to any person who has failed or refused to remedy any violation, beginning with the first day after any notice provided pursuant to the time limit provided in Section 1052.11. The fine may be imposed regardless of whether or not the Township elects to pursue additional remedies available under this chapter.