[Ord. 2007-06, 11/7/2007, § I]
1.
Introduction. In accordance with municipal codes, the Clean Streams
Law, Act of June 27, 1937, P.L. 1987, No. 394 a amended, 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.,
known as Act 537, it is the power and duty of Shrewsbury Township
to provide for adequate sewage treatment facilities and for the protection
of the public health, safety and general welfare by preventing the
discharge of untreated or inadequately treated sewage.
2.
Purpose.
A.
It is the intention of the Board to insure that on-lot sewage disposal
systems (OLDS) are properly maintained. Failure to maintain on-lot
sewage disposal systems (OLDS) results in malfunctions which result
in health risks, the pollution of water and other natural resources
of the Township. On-lot sewage disposal systems (OLDS) should be pumped
out on a regular basis in order to assure an adequately functioning
OLDS over the life of the system.
B.
It is recognized that a number of property owners fail to maintain
or pump their septic tanks on a regular basis. This failure could
lead to the malfunction or failure of the OLDS. Therefore, the Township
by this Part 1C will require periodic maintenance and prescribe penalties
for failure to comply with this Part 1C.
3.
Applicability. From the effective date of this Part 1C, its provisions
shall apply in all portions of Shrewsbury Township. The provisions
of this Section shall apply to all persons and all other entities
owning or occupying any property serviced by an on-lot disposal system.
[Ord. 2007-06, 11/7/2007, § II]
1.
Word Usage. In the interpretation of this Part, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
2.
ACT
CLEAN STREAMS LAW
DEPARTMENT/DEP
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LOT
MALFUNCTION
OLDS
OWNER
PERMIT
PERSON
PUMPER/HAULER BUSINESS
PUMPERS REPORT/RECEIPT
RETAINING TANK
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
Definitions. All words and phrases not otherwise defined herein shall
have the meaning provided in § 2 of the Act, 35 P.S. § 750.2,
§ 71.1 of the Department's regulations, 25 Pa.Code § 71.1,
or § 73.1 of the Department's regulations, 25 Pa. Code § 73.1,
or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537 as amended, 35 P.S. § 750.1
et seq.
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35
P.S. § 691.1 et seq.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any system of piping, tanks, or other facilities serving
on a single lot and collecting and disposing of sewage in whole or
in part into the soil and which is located upon the lot which it serves.
The term also includes an OLDS which meets the definition of nonstandard
system.
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The condition which occurs when an OLDS discharges sewage
onto the surface ground, into groundwaters of the Commonwealth, into
surface waters of the Commonwealth, backs up into the building connected
to the OLDS or otherwise causes a hazard to public health or pollution
of ground or surface water or contamination of public or private drinking
water wells An OLDS system shall be considered to be malfunctioning
if any of the conditions set forth in this definition occur, regardless
of the length of time.
An individual on-lot sewage disposal system.
Any person having any legal or equitable interest in land
located within the Township, either in whole or part, whether by deed,
sales agreement, decree, inheritance or operation of law. Whenever
the term "owner" is used in connection with any clause providing for
the imposition of a fine or penalty or the ordering of the action
to comply with the terms of this Section, the term "owner" shall also
include any adult tenant or adult occupant of the land.
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine the suitability of a proposed OLDS
or the repair, replacement or enlargement of an existing OLDS.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, trust, estate, or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of the action to comply with the terms
of this Section, the term "person" shall include the members of an
association, partnership or firm and the officers of any public or
private corporation, whether for profit or not-for-profit.
Any person, as defined in this Part, licensed by the Department
and/or other governmental agency to engage in cleaning any or all
components of a community or individual on-lot system, holding tanks,
privies, aerobic tanks, cesspools, or any other sewage disposal facility
within the Township and evacuate and transport the septage cleaned
therefrom, whether for a fee or free of charge.
A form, provided by the Township, which shall be used by
all pumper/hauler truck operators to report every pumping of an on-lot
system in the Township. (See, 25 Pa.Code, Chapters 71, 72 and 73)
A watertight holding receptacle which receives and retains
sewage and is designed and constructed to facilitate ultimate disposal
of the sewage at another site.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
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 the public health or to animals or aquatic life or to the use of
water for domestic water supply or for recreation or which constitutes
pollution under the Clean Streams Law.
The Sewage Enforcement Officer appointed by the Township.
[Ord. 2007-06, 11/7/2007, § III]
All persons who own a lot upon which an OLDS is installed, and
all persons who occupy a lot on which an OLDS is installed, shall
properly use and maintain such OLDS. Proper maintenance of an OLDS
shall include, at a minimum:
A.
Follow any and all operation and maintenance recommendations of the
manufacturer of the OLDS. If the OLDS is a nonstandard system, the
operation and maintenance recommendations of the manufacturer of the
system shall be adhered to or followed. Such maintenance shall include
the denitrification unit or other nonstandard equipment which is part
of the OLDS.
B.
The owner of a property upon which an OLDS is constructed shall at
all times operate and maintain the on-lot system 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.
C.
The owner of a property upon which an OLDS is constructed shall maintain
the areas around such system so as to provide convenient access for
inspection, maintenance and pumping, and divert surface water and
downspouts away from the absorption area and system components and
protect the absorption area(s) from physical damage.
D.
Every aerobic or septic treatment tank which discharges effluent
to a soil absorption area shall be pumped out according to the schedule
established in this Part 1C. If a component's manufacturer requires
a more frequent pumping interval than contained in this Part 1C, that
interval shall be deemed the minimum interval for pumping.
E.
When an OLDS treatment tank is pumped out, all dosing tanks, lift
tanks and other tanks associated with the system shall also be pumped
out.
F.
Retaining or 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 no less frequently than 12 times
per year or at sufficient intervals to ensure the tank does not reach
75% capacity. Proof of pump out of holding tanks shall be supplied
to the Township.
G.
Any person owning a building served by an aerobic treatment tank
or an on-lot system, which includes any electrically, mechanically,
hydraulically or pneumatically operated or controlled device, shall
follow the maintenance recommendations of the equipment's manufacturer.
H.
All water used within a residence, including kitchen and laundry
wastes and water softener backwash, and all sewage shall be discharged
into a treatment tank.
[Ord. 2007-06, 11/7/2007, § IV]
All pumper/hauler businesses shall at least seven days before
offering pumping services to property owners pursuant to compliance
with the terms of this Part:
A.
Register with the Township and agree to comply with all reporting
requirements established herein.
B.
Identify all employees/owners and vehicles that will provide these
services in the Township.
C.
Operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act, Act 97 of 1980, 35 P.S §§ 6018.101-6018.1003.
D.
Provide a current fee schedule for all services required under this
Part.
E.
Provide documentation that all septage pumped from properties in
this Township will be delivered to a DEP approved site or facility.
F.
Provide evidence of workman's compensation and liability insurance
coverages.
[Ord. 2007-06, 11/7/2007, § V]
1.
Upon completion of each required pumping, the pumper/hauler business
shall:
A.
Complete a pumper report.
B.
Deliver the original pumper report to the owner.
C.
Deliver a copy of the pumper report to the Township not later than
the tenth business day of the month following the month of inspection
and/or pumping.
D.
The report shall be on three-part forms provided by the Township.
2.
When a system's tank is pumped, the pumper reports shall include
the following minimum information:
A.
Date of pumping of tank; tank capacity and nature of pumped material.
B.
Name and address of system owner.
C.
Property address where tank is located, if different from owner's.
D.
Name of current occupant and number of system users.
F.
Presence and condition of baffles in all tanks and all compartments.
G.
Permit number and date existing system was installed, if known.
H.
Last date of pump-out, if known.
I.
List of other maintenance performed.
J.
Indications of system malfunction observed, if any.
K.
Amount (gallons) of septage, sludge, or other material removed.
L.
Statement of general system condition.
M.
List of recommendations for system rehabilitation, if needed.
N.
DEP permit number and destination of the disposal of septage.
O.
List of water conservation devices in use.
P.
Pumper truck operator's and pumper business owner's signature.
3.
Initial and periodic tank pumping shall be performed to the following
minimum standards unless other standards are specified by an equipment
manufacturer.
A.
At all times, the pumper truck operator's personal safety, as well
as protection of the environment and the owner's property, shall receive
the highest priority.
B.
Tanks should be pumped from/through the manhole/access port or standpipe,
i.e., the largest tank opening which is available.
C.
It is recommended that permanent above grade child proof manhole
access ways be established for the purpose of thorough cleaning of
septic tankage.
D.
Where necessary to break up solids, back-washing with clean water
or material of a similar nature already on board the pumper truck
may be employed. Mechanical means (scraping, raking, etc.) are not
necessary, but may be employed provided that appropriate safeguards
are taken to prevent injury.
E.
When backwashing, care shall be taken not to fill/refill the tank
to a level greater than 12 inches below the elevation of the outlet
pipe.
F.
No liquids or solids are to be discharged into/through the outlet
pipe.
G.
Tanks shall be deemed to be clean when all organic solids are removed
and the total average liquid depth remaining in the tank is less than
six inches.
H.
Every pump-out shall include a visual inspection of the interior
of the tank provided adequate access to the tank exists. The inspection
shall include a determination regarding the presence of baffles and
their condition, as well as the physical condition of the treatment
tank. Presence and condition of observation port(s) shall also be
reported.
I.
Dry wells or cesspools are acceptable provided that they were installed
prior to 1972 and are still fully functional with no evidence of hydraulic
overloading or malfunction. These below ground chambers shall be fully
accessible with child proof access and shall be fully pumped of all
sewage effluent and solids.
J.
At all times, and in all phases of operations, pumper businesses
and equipment operators shall comply with all laws and regulations
regarding the activities associated with on-lot wastewater system
maintenance and disposal of materials removed therefrom.
K.
The Township requires documentation of pump-out and tank and site
conditions. The pumper shall not be prevented by the owner from complying
with municipal requirements. A copy of the report sent to the Township
shall also be provided to the owner.
[Ord. 2007-06, 11/7/2007, § VI]
1.
The Township is hereby divided into four maintenance districts, designed
as District 1, 2, 3 and 4. (See map following)[1]
The requirements of this Section shall become effective in a
sequential manner:
|
Area
|
Pumping and Inspection Completed By
|
|---|---|
|
1
|
12/31/08
|
|
2
|
12/31/09
|
|
3
|
12/31/10
|
|
4
|
12/31/11
|
[1]
Editor's Note: The Maintenance Districts Map is included as an attachment to this chapter.
2.
Notification will be provided to each property owner from the Township
by March 1 of each year for those systems requiring inspection and
pumping for the current year.
3.
After the initial inspection and pumping, all tanks in all systems
shall be pumped out at a minimum regular interval of once every four
years from the year of either the initial pumping or subsequent pumping.
Tanks that have been subjected to more frequent pumping, by nature
of their size, loading rate or other system characteristics, should
continue to receive that frequency of pumping. This Part is not an
instruction to reduce the frequency of pumping and should not be construed
as such. This Part establishes the minimum pump out requirement for
all treatment tanks that do not exhibit characteristics that indicate
more frequent pumping is required.
4.
In addition to the requirements for periodic tank pumping, an inspection
of the OLDS shall be conducted and a report to the Township on forms
provided by the Township shall be made in regards to the presence
of any or all of the following:
A.
Defective tank components (lids, baffles, dividers, etc.).
B.
Before pumping, water level above outlet pipe elevation.
C.
Following or during pumping, backflow from the absorption area.
D.
Inflow from building(s) served to verify connection to the building(s).
E.
Surface discharge, ponding or other signs of malfunction in the vicinity
of the absorption area.
5.
A waiver to property owners may be granted by the Township provided
that within the last two years a Township property transfer sewage
inspection and system pumping was performed to the satisfaction of
the Sewage Enforcement Officer. Additionally, a waiver to homeowners
may be granted by the Township for systems newly installed, inspected
and approved by the Sewage Enforcement Officer within the last two
years. The property owner must complete and submit this information
in writing by June 1 of the year of scheduled inspection and pumping.
If an already existing system has been pumped within two years a waiver
may also be granted by the Township to the property owner.
6.
The Township through its SEO may require additional maintenance activities
including, but not limited to, cleaning or unclogging of piping, servicing
or repair of 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.
7.
The owner shall provide adequate access to OLDS components to facilitate
inspection and pump outs if such access exists. This may include installing
risen extending to grade level on the inspection ports and/or manhole
portion of tanks and other components.
[Ord. 2007-06, 11/7/2007, § VII]
In addition to all other duties of the Sewage Enforcement Officer
set forth elsewhere, the Sewage Enforcement Officer, at the discretion
of the Board of Supervisors, shall have the power and duties to enforce
the provisions of this Part 1C and to investigate any reports of malfunctioning
OLDS or evidence that an OLDS may be malfunctioning. In performing
these duties the Sewage Enforcement Officer shall have the following
powers:
A.
To conduct routine inspections of properties upon which OLDS are
installed as part of an administrative program to insure compliance
with this Article. Any inspections shall be performed in accordance
with all applicable statutes and constitutional provisions.
B.
To make reports as requested by the Board regarding maintenance of
OLDS in the Township and to suggest actions which may be taken by
the Board to insure proper maintenance.
C.
To consult with the Township Engineer and the Township Solicitor,
as authorized by the Board, to assist in the enforcement of this Section.
[Ord. 2007-06, 11/7/2007, § VIII]
1.
Appeals from decisions made under this Section shall be made to the
Board of Supervisors in writing within 30 days from the date of the
decision in question.
2.
The appellant shall be entitled to a hearing before the Board at
its next regularly scheduled meeting if the appeal is received at
least 14 days prior to that meeting If the appeal is received within
seven days of the next regularly scheduled meeting, the appeal shall
be heard at the subsequent hearing. The Township shall thereafter
affirm, modify, or reverse the aforesaid decision. The hearing may
be postponed for good cause shown by the appellant or the Township.
Evidence may be introduced at the hearing, provided that it is submitted
with the written notice of appeal.
3.
A decision shall be rendered within 60 days of the date of the hearing.
If a decision is not rendered within 60 days, the relief sought by
the appellant shall be deemed granted.
[Ord. 2007-06, 11/7/2007, § IX]
1.
The Township Code Enforcement Officer is hereby authorized to enforce
a violation of the provisions of this Part by initiating a civil enforcement
proceeding before a Magisterial District Justice. Upon being found
liable therefor, a violator shall be subject to a civil penalty not
to exceed $300 for the first offense, $600 for a second offense, and
$1,000 for the third and each subsequent offense per violation, plus
additional daily penalties for continuing violations, court costs
and reasonable attorney fees incurred by the Township in the enforcement
proceedings. In addition to or in lieu of civil actions before a Magisterial
District Justice, the Township may enforce this Part by an action
in equity. Each day that a violation continues shall be deemed a separate
violation.
[Amended by Ord. No. 2023-03, 5/3/2023]
2.
In the event an owner detects conditions that indicate or could reasonably
be interpreted to indicate a malfunction, the owner shall contact
the SEO. Owners who disclose to the SEO the presence of a malfunction
upon their lands shall not be penalized for the disclosure. However,
if an owner who has disclosed the presence of a malfunction fails
to make voluntary repairs, the Township may seek injunctive or other
relief to compel the repair of the malfunction or cause the repair
to be effectuated.
3.
The discharge by the Township of its obligations as set forth in
this Section shall create no liability upon the Township, its officials,
employees, or agents.
[Ord. 2007-06, 11/7/2007, § X]
All reports, inspections, appraisals, certification of records
required or produced by the Township, its officials, employees, or
agents, as required by this Section, 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.
