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:
(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.
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The above provisions shall be retroactive and shall apply to
existing treatment plants.
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(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.
