[Adopted 11-2-1981 by Ord. No. 43-1981; amended in its entirety 4-7-2003 by Ord. No. 142-2003 (Ch. 18, Part 3, of the 1984 Code of Ordinances)]
This article shall be known and may be cited as the "West Donegal Township On-Lot and Community Sewage System Ordinance."
A. 
The Board of Supervisors recognizes that individual on-lot sewage disposal systems constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Township through proper treatment of wastes generated by development within the Township. The use of individual on-lot sewage systems must be regulated in accordance with the regulations promulgated by the Department of Environmental Protection which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Township has determined that should the on-lot sewage system disposal system installed by a landowner fail, the water quality and other natural resources of the Township may be polluted. It is especially of concern to the Board that such pollution may occur when a system fails and there is no suitable area on the lot for the installation of a replacement system. Therefore, in order to protect the water quality and other natural resources of the Township, thereby protecting the health and welfare of residents and visitors, the Board desires to require that all landowners provide and set aside areas for the installation of replacement individual on-lot sewage disposal systems.
B. 
It is the further intent of the Board to insure that on-lot sewage disposal systems are properly maintained. Failure to maintain on-lot sewage disposal systems results in malfunctions which in turn results in the pollution of the water quality and other natural resources of the Township. On-lot sewage disposal systems should be pumped out on a regular basis, and it is the responsibility of all landowners to insure such maintenance is performed.
C. 
The Board also desires to provide for the proper maintenance of the community systems which have been installed in the Township. Proper maintenance of community sewage systems is essential to preserve and protect the health and welfare of Township residents and to preserve and protect the environment.
A certain document, three copies of which have been and are presently on file in the office of the Secretary of the Township of West Donegal, being marked and designated as Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code, being promulgated by the Department of Environmental Protection of the Commonwealth of Pennsylvania, be and is hereby adopted as the sewage permit application and installation procedure of the Township and each and all of the regulations contained in the said chapters are hereby adopted by the Township except as modified by this article. It is the intent of the Board to adopt all subsequent amendments and revisions to the said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt the said chapters as they existed on the effective date of this article.
A. 
Word usage. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Definitions. All words and phrases not otherwise defined herein shall have the meaning provided in Section 2 of the Act, 35 P.S. § 750.2, Section 71.1 of the Department's Regulations, 25 Pa. Code § 71.1, or Section 73.1 of the Department's Regulations, 25 Pa. Code § 73.1, or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
ACT
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.
BOARD
The Board of Supervisors of the Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the Department. Notwithstanding the foregoing, the sewage collection, transmission and treatment system of ERSA not be considered a community sewage system for the purposes of this article.
[Amended 12-5-2011 by Ord. No. 192-2011]
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DEVELOPER
Any person who files a planning module for land development with the Township; or who files an application for approval of a subdivision or land development plan proposing the subdivision or development of land within the Township; or who makes application for a permit; or who makes an application for a zoning permit under Chapter 240, Zoning, of the Code of the Township of West Donegal; or who installs, repairs, modifies, or alters an OLDS or community sewage system serving properties within this Township other than a governmental entity.
ERSA
Elizabethtown Regional Sewer Authority.
[Added 12-5-2011 by Ord. No. 192-2011]
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
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 any waters of the Commonwealth of Pennsylvania and which is located upon the lot which it serves. The term also includes an OLDS which meets the definition of nonstandard system.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
LOT
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 term lot shall include parcels equal to or greater than 10 acres in size where the lot may be occupied by one or more persons or families.
MALFUNCTION
The condition which occurs when an OLDS or community sewage disposal discharges sewage onto the surface of the ground, into groundwaters of the commonwealth, into surface waters of the commonwealth, backs up into the building connected to the OLDS or community sewage disposal system or otherwise causes a nuisance hazard to the public health or pollution of groundwater or surface water or contamination of public or private drinking water wells. An OLDS or community sewage disposal system shall be considered to be malfunctioning if any of the conditions set forth in this paragraph occur for any length of time during any period of the year.
MANIFEST
A written report made to the Township by a septage hauler providing service to an OLDS within the Township which at a minimum contains the name and address of the septage hauler, the name of the property owner, the address of the property upon which the OLDS is located, a description of all services performed by the septage hauler, the location at which any sewage or solids removed from the OLDS will be disposed, a description of the condition of the OLDS, a statement noting whether any malfunctions of the OLDS were observed, and a statement noting all maintenance or repairs to the OLDS performed.
[Added 12-9-2013 by Ord. No. 206-2013]
NONSTANDARD SYSTEM
An OLDS which has any equipment which is not commonly found on OLDS within Lancaster County or an OLDS which has been modified to address groundwater contamination or other environmental issues or any OLDS which requires additional approvals from the Department or a modification or amendment to the Township's Official Plan.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the Department in accordance with the Act and with applicable Department regulations.
OLDS
An individual on-lot sewage disposal system.
PERMIT
A permit issued by the Sewage Enforcement Officer after the performance of tests to determine suitability to authorize the initial installation of an OLDS or the repair, replacement or enlargement of an existing OLDS.
PERSON
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 article, 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.
PLANNING COMMISSION
The Township Planning Commission.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
REPLACEMENT LOCATION
A location designated as the future location of an OLDS that shall be installed should the OLDS installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the Department and all applicable Township ordinances for an OLDS.
SEPTAGE HAULER
Any person licensed by the Lancaster County Solid Waste Management Authority, the Department or other governmental agency to remove septage or other solids from treatment tanks of OLDS or community sewage disposal systems, holding tanks, privies, aerobic tanks, cesspools, or any other sewage disposal facility within the Township.
SEWAGE
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.
SEWAGE ENFORCEMENT OFFICER
The Sewage Enforcement Officer of the Township.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L 805, No. 247, as amended and reenacted, 52 P.S. § 10101 et seq.
THE CLEAN STREAMS LAW
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. § 691.1 et seq.
TOWNSHIP
The Township of West Donegal, Lancaster County, Pennsylvania.[1]
[1]
Editor’s Note: The former definition of "WDTA," which immediately followed, was superseded 12-5-2011 by Ord. No. 192-2011. See now the definition of "ERSA."
In order to insure compliance with the Official Plan, all developers who request approval of planning modules for land development or who request the review of subdivision plans and/or land development plans providing for sewage disposal by means of OLDS or community sewage systems shall submit the following information to the Township for review in accordance with the following requirements:
A. 
The developer shall submit the information required by this § 170-45 to the Township with the planning module for land development or with the preliminary subdivision or land development plan, whichever the developer first submits to the Township.
B. 
It is the responsibility of the developer to submit the information to all other reviewing agencies, including but not limited to the Lancaster County Planning Commission, in accordance with the Department's regulations. It is the responsibility of the developer to pay for the publication of any legal advertisement which may be required by the Department's regulations. Failure of the developer to pay the costs of legal advertisement within 15 days after receipt of a copy of the newspaper's invoice shall render the submission incomplete.
C. 
The developer shall submit a written report detailing the planning and decisionmaking steps used in the selection of the method of sewage disposal.
A. 
After the effective date of this article, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted unless the applicant presents to the Board evidence that each lot or lot to be created contains a suitable location for the installation of an initial OLDS except when such lots or lots to be created are to be served by a community sewage system. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the location shall be performed as approved by the Department.
B. 
After the effective date of this article, all planning modules for land development except planning modules for land development which propose sewer service by means of the ERSA sewer system shall be accompanied by hydrogeologic tests performed in accordance with all applicable Department regulations. The Board shall not approve any planning module for land development which does not contain hydrogeologic studies which demonstrate that the proposed sewage disposal facilities will not adversely affect the groundwater or that measures will be utilized, such as the installation of denitrification systems or dispersion plume easements, which will address the impacts of the proposed sewage disposal facilities.
[Amended 12-5-2011 by Ord. No. 192-2011]
C. 
Well test results submitted with planning modules will be compared with the Official Plan well test data. If the results vary from the Official Plan well test data, the Township may require additional testing to verify any discrepancies.
After the effective date of this article, a replacement location for an OLDS shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system operated by a governmental entity or for which a valid permit for an OLDS has not been issued. The replacement location shall comply with the Act and with all regulations issued by the Department as incorporated into this article concerning OLDS, including isolation distances, and with the terms of this article and any other applicable Township ordinances.
A. 
Each person who shall apply for a permit under Chapter 240, Zoning, or a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS), or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan, or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the replacement location shall be performed as approved by the Department. Allowance of open land for the replacement location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B. 
The developer shall identify the location of the initial OLDS and the replacement location as confirmed by the Sewage Enforcement Officer on the plot plans and diagrams submitted as a part of the subdivision or land development plan and as part of the permit application.
C. 
If the application has been submitted as a part of an application for approval or review of a planning module for land development, the developer shall identify the location of each OLDS and each replacement location upon the plans. If the application is for subdivision or land development approval, the developer shall include a note on the plans stating that no improvements shall be constructed upon the replacement location, and the deed to each lot created as a part of the subdivision or land development shall contain language reflecting this limitation.
D. 
Any revisions to a permit affecting a replacement location which previously has been issued pursuant to the provisions of this article shall be approved by the Board or its authorized representative. Any revisions to a subdivision or land development plan affecting a replacement location which previously approved has been pursuant to the provisions of this article shall be approved by the Planning Commission.
No person shall construct or install any permanent or temporary improvements of any character other than the planting of trees, shrubs, or other plant matter upon the replacement location unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the Sewage Enforcement Officer that an alternate replacement location which complies with all applicable regulations of the Department, this article and all other applicable Township ordinances exists upon the lot. If such an alternate replacement location shall be identified, the alternate replacement location may be considered to be the replacement location required by this article and shall be designated as the replacement location. The newly designated replacement location shall thereafter be considered the replacement location for the purposes of this article.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under Chapter 240, Zoning, or an installation permit for an OLDS may request that the Board of Supervisors grant an exception to the requirement of providing a replacement location. Applicants for relief under this section shall submit a written application setting forth the information required by this section and shall include the application fee established by resolution or ordinance of the Board of Supervisors. The applicant for such an exception shall present credible evidence to the Board demonstrating i) that the lot was held in single and separate ownership on the effective date of this article; ii) the size of the lot; iii) inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and iv) the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article.
The landowner and any contractor performing work upon an OLDS shall obtain a permit from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department, and this article prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Board granting relief from the designation of a replacement location in accordance with Section § 170-50 of this article or unless such permit is requested to repair a malfunction of an existing OLDS.
All developers within the Township shall design sewage disposal systems in accordance with the planning policies and methodology set forth in this section. The developer shall include a narrative with any planning submission which shall demonstrate the procedure used by the developer in determining the sewage disposal facilities proposed for the development. If the developer is not required to submit a planning submission, the developer shall present information sufficient to demonstrate compliance with this section with his or her application to the Sewage Enforcement Officer for a permit to install, repair, alter or modify an OLDS.
A. 
The Township encourages use of OLDS wherever feasible and economical outside of the present and future public sewer service area as defined by the Official Plan of the Township. Developers shall use outside of the public sewer service area planning policies which foster the non-sewer approach and the conservation of groundwater resources. At a minimum, the developer shall address the following Township policies:
(1) 
Establish OLDS and community sewage disposal system ownership and maintenance responsibilities with the individual lot owner, a homeowners' association, condominium unit owners' association or the developer.
(2) 
Provide water conservation and waste flow reduction by the use of water-saving devices and other state of the art water conservation methods for all new construction and the replacement of any components of existing structures.
(3) 
Recycle wastewater by relying upon OLDS for groundwater recharge via subsurface disposal of treated wastewater.
(4) 
Restrict elevated sand mound systems in accordance with Chapter 73 of the Department's regulations where possible.
(5) 
Restrict subsurface community sewage disposal systems to resolution of sewage-related problems of existing structures.
B. 
The methodology for selecting and evaluating specific OLDS shall be a progressive multistep process. The developer may consider and evaluate a community sewage system outside of the public sewered areas established by the Official Plan only when individual OLDS are not feasible.
(1) 
Evaluate individual OLDS. The approved individual wastewater treatment systems within the Township are septic tanks, aerobic treatment units, spray irrigation systems and, if no other method is feasible, individual stream discharge systems. These treatment methods may be used with the various effluent treatment and disposal methods outlined below:
(a) 
Conventional subsurface absorption system. If a site is suitable in accordance with Department regulations for conventional sewage disposal systems, such as a septic or aerobic tank with an absorption area (standard trench, seepage bed, subsurface sand filter or elevated sand mounds), the appropriate combination of wastewater treatment and effluent disposal system shall be selected as the most cost-effective OLDS.
(b) 
Conventional spray irrigation or stream discharge system. If a site is suitable in accordance with Department regulations for a conventional spray irrigation or individual stream discharge system, and if the site is not suitable for a conventional subsurface absorption system, the appropriate combination of wastewater treatment and effluent disposal system shall be selected.
(c) 
Alternate systems. The developer shall evaluate alternate systems if there are inadequate soils or other concerns on the site that prevent the use of conventional septic systems. These systems shall use technology that has been proven successful. The design of the alternate system shall be approved in accordance with the regulations of the Department and the Act.
(d) 
Experimental systems. The Township does not encourage experimental systems. A developer may propose the use of an experimental system only in areas where other alternatives are not available. The developer shall submit all documentation required for approval of the experimental system in accordance with the regulations of the Department and the Act. Testing, monitoring and permitting of these systems shall comply with the requirements of the Department.
(2) 
Replacement location. The developer shall provide a replacement location for each OLDS set forth above unless such OLDS is being installed to address an existing malfunction and no replacement location is available or unless the developer obtains a waiver from the requirement to provide a replacement location in accordance with the provisions of this Ordinance.
(3) 
Examine combined individual and community systems. As a remedial action, a developer may propose the linking of existing, malfunctioning OLDS to a new development to solve the malfunctioning condition.
(4) 
Examine community sewage systems. The developer may evaluate community sewage systems only if it is not feasible to provide for sewage disposal through OLDS. The developer shall provide on-site or off-site wastewater treatment. The developer shall review each collection alternative and shall select an effluent disposal method from the various alternatives. Community sewage systems shall be utilized only for correction of sewage -related problems of existing OLDS or community sewage systems unless the community sewage system is operated by a governmental entity in accordance with the Township Official Plan.
C. 
The developer shall evaluate the construction cost, operation and maintenance costs, and environmental impacts of each method of sewage disposal and shall choose the most appropriate for maintenance of water quality. The developer shall present the evaluation to the Township as part of its planning submission.
All landowners, developers and contractors who desire to install, repair, modify or alter an OLDS in the Township shall obtain a permit from the Sewage Enforcement Officer prior to the commencement of such work. All work performed under any permit shall comply with the following regulations:
A. 
The holder of a permit and the contractor performing work under such permit shall notify the Sewage Enforcement Officer at least three working days before commencing installation, repair, modification or alteration of the OLDS in order that one or more inspections in addition to the final inspection required by the Department may be scheduled and performed by the Sewage Enforcement Officer.
B. 
Any OLDS permit providing for the installation or repair of a septic tank shall require that the septic tank contain septic solid retainers of the type as specified by the Department's regulations. This is to obtain the highest quality effluent.
C. 
If construction or installation of the OLDS and of any building or structure for which such OLDS is to be installed has not commenced within three years after the issuance of the permit for such OLDS, the permit shall expire. The landowner and/or contractor shall obtain a new permit prior to commencement of the installation, repair, modification, replacement or alteration of the OLDS.
All landowners, developers and contractors who desire to install a nonstandard OLDS in addition to all requirements of §§ 170-51, 170-52 and 170-53 of this article shall also meet all of the following requirements:
A. 
The record owner of the lot on which such system is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the system which grants the Township the right to enter upon the property; to inspect such system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such system is not functioning properly; to maintain such system if the landowner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the landowner. The agreement shall specifically authorize the Township to file a municipal claim against the property to recover costs and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
B. 
The applicant shall post financial security with the Township to secure the future maintenance of the system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular nonstandard system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest-bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
C. 
The applicant shall demonstrate to the Township that the proposed nonstandard system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D. 
The applicant shall provide the Township with a complete set of as-built plans for the nonstandard system after its installation.
E. 
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F. 
The applicant shall pay all costs associated with the yearly inspection of the nonstandard system.
All landowners, developers and contractors who desire to install a community sewage system shall meet all of the following requirements:
A. 
The record owner of the lot on which the community sewage system is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the community sewage system which grants the Township the right to enter upon the property; to inspect such community sewage system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such community sewage system is not functioning properly; to maintain such community sewage system if the owner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the owner. The agreement shall specifically authorize the Township to file a municipal claim against the property served by the community sewage system to recover costs and fees and shall specifically state that its provisions are binding upon the landowner executing the agreement and upon all successive owners of the property and any lots which are served by the community sewage system until the community sewage system is removed and the property is connected to a public sewer system owned and operated by a governmental entity or until ERSA or another governmental entity assumes ownership and maintenance responsibility for the community sewage system.
[Amended 12-5-2011 by Ord. No. 192-2011]
B. 
The applicant shall post financial security with the Township to secure the future maintenance of the community sewage system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular community sewage system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest-bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the community sewage system is removed and the property is connected to a public sewer system owned and operated by a governmental entity or until ERSA or another governmental entity assumes ownership and maintenance responsibility for the community sewage system.
[Amended 12-5-2011 by Ord. No. 192-2011]
C. 
The applicant shall demonstrate to the Township that the proposed community sewage system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D. 
The applicant shall provide the Township with a complete set of as-built plans for the community sewage system after its installation.
E. 
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F. 
The applicant shall pay all costs associated with the yearly inspection of the community sewage system.
[Amended 12-9-2013 by Ord. No. 206-2013[1]]
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. 
Retention of a septage hauler to inspect the OLDS and to remove septage from the tank of the OLDS at least once during each period of three calendar years or whenever an inspection reveals that the treatment tank is filled with solids in excess of 1/3 the liquid depth of the tank or with scum in excess of 1/3 the liquid depth of the tank, whichever shall require the more frequent removal. It is the responsibility of the property owner to insure that septage is removed from the tank of the OLDS and the OLDS is inspected in accordance with the requirements of this section. No person other than a septage hauler shall be permitted to remove septage from the tank of an OLDS or to otherwise dispose of any septage or any other substance within an OLDS.
(1) 
After the effective date of the amendment to this article, the Township shall be divided into three sections. All property owners shall be notified by the Township of the section to which the property is assigned.
(2) 
Any OLDS installed upon a property which is located within Section 1 shall be inspected and have septage removed from the tank of the OLDS within 12 months from the effective date of the amendment to this article (January 1, 2014). Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS was inspected and had septage removed from its tank within the twenty-four-month period preceding the effective date of the amendment to this article, the OLDS will not have to be inspected and have septage removed within 12 months from the effective date of the amendment to this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of § 170-56A(5) herein.
(3) 
Any OLDS installed upon a property which is located within Section 2 shall be inspected and have septage removed from the tank of the OLDS within 24 months from the effective date of the amendment to this article (January 1, 2014). Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS was inspected and had septage removed from its tank within the twelve-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 24 months from the effective date of the amendment to this article, and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of § 170-56A(5) herein.
(4) 
Any OLDS installed upon a property which is located within Section 3 shall be inspected and have septage removed from the tank of the OLDS within 36 months from the effective date of the amendment to this article (January 1, 2014).
(5) 
The date upon which any OLDS is inspected and has septage removed in accordance with § 170-56A(2) through (4) herein shall be considered the date of initial maintenance. All OLDS shall be inspected and have septage removed in accordance with this Section within three years from the date of initial maintenance. The OLDS shall continue to be inspected and have septage removed from the tank within three years from the date of the last inspection and removal of the septage as long as the OLDS continues to be used for sewage disposal.
(6) 
For OLDS installed after the effective date of the amendment to this article (January 1, 2014), the OLDS must be inspected and have septage removed within three years from the date of final inspection of the OLDS or, in the case of new construction, if the property will not be occupied within one month from the date of final inspection of the OLDS, within three years from the date of the issuance of the certificate of use and occupancy by the Zoning Officer. The OLDS shall continue to have septage removed from the tank within three years from the date of the last inspection and removal of the septage as long as the OLDS continues to be used for sewage disposal.
B. 
Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.
C. 
Following any operation and maintenance recommendations of the manufacturer of the OLDS. If the OLDS is a nonstandard OLDS, additionally following the operation and maintenance recommendations of the manufacturer of the nonstandard equipment which is part of the OLDS.
D. 
Discharging only domestic sanitary sewage into an OLDS. The following types of waste shall not be discharged into an OLDS:
(1) 
Industrial waste.
(2) 
Automobile oil, other nondomestic oil, grease, nonbiodegradable soaps, detergents and/or inert materials such as coffee grounds.
(3) 
Toxic or hazardous substances or chemicals including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
(4) 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps, and french drains.
(5) 
Vehicle wash water and other potentially contaminated or clean runoff or stormwater.
(6) 
Disposable products such as diapers, tampons, and similar materials.
(7) 
Beauty shop waste other than a single-chair beauty shop in conjunction with a residential use.
(8) 
Abattoir or butcher shop waste.
[1]
Editor's Note: This article also provided for an effective date of January 1, 2014.
All persons who own a lot which is served by a community sewage system shall properly use such community sewage system. The owner of the community sewage system shall property maintain the community sewage system. Proper maintenance of a community sewage system shall include, at a minimum:
A. 
Inspection of the community sewage system by the Township Sewage Enforcement Officer or by a sewage enforcement officer certified by the Department on a bimonthly basis. If the inspection is performed by a sewage enforcement officer other than the Township Sewage Enforcement Officer, the property owner shall submit the inspection report prepared and signed by the sewage enforcement officer to the Township within one month after the date of inspection of the community sewage system. All laboratory analyses required to be submitted by the Department or the Department's regulations shall also be submitted simultaneously to the Township to be reviewed as appropriate by the Sewage Enforcement Officer or his designee.
B. 
Removal of septage or sludge in accordance with Department regulations and manufacturer specifications.
C. 
Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.
D. 
Following any operation and maintenance recommendations of the manufacturer of the community sewage system.
E. 
Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in § 170-56D of this article shall not be permitted to be discharged.
Any person who owns a lot upon which an OLDS or community sewage system is installed, any person who occupies a lot upon which an OLDS or community sewage system is installed, any person who owns a community sewage system, and any septage hauler pumping out or otherwise maintaining an OLDS or community sewage system shall report any malfunctioning of such OLDS or community sewage system to the Township. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
In addition to all other duties of the Sewage Enforcement Officer set forth in this article, the Sewage Enforcement Officer shall have the power and duty to enforce the provisions of this article and to investigate any reports of malfunctioning OLDS and community sewage system or evidence that an OLDS or community sewage system may be malfunctioning which the Sewage Enforcement Officer discovers. In performing these duties the Sewage Enforcement Officer shall have the following powers:
A. 
To conduct routine inspections of properties upon which OLDS or community sewage systems 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 and community sewage systems 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 article.
A. 
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1) 
To install, repair, modify or alter an OLDS or a community sewage system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
(2) 
To misuse or fail to maintain an OLDS or a community sewage system.
(3) 
To fail to report a malfunctioning OLDS or community sewage system.
(4) 
To fail to remedy a malfunctioning OLDS or community sewage system.
(5) 
To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 170-48 and 170-50 of this article.
(6) 
To place false information on or omit relevant information from an application for a permit.
(7) 
To occupy or permit the occupancy of any structure served by an OLDS for which a valid permit has not been obtained as required by this article.
(8) 
To occupy or permit the occupancy of any structure served by a community sewage system for which a valid permit has not been obtained as required by this article.
(9) 
To fail to comply with any other provision of this article.
B. 
Any person who violates or permits the violation of any provision of this article; or who shall use, maintain or alter an OLDS or community sewage system in violation of any permit issued by the Sewage Enforcement Officer; or who shall fail to remedy or who shall negligently or improperly remedy any health hazard; or who shall fail to completely implement a plan to remedy a health hazard which has been reviewed and approved by the Sewage Enforcement Officer shall be liable, upon summary conviction therefor, to fines and penalties of not less than $100 nor more than $1,000 plus all costs of prosecution, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this article shall be paid over to the Township Treasurer. Each day that a violation continues and each section of this article which is violated constitutes a separate violation.
In case any improvement is constructed or any lot maintained in violation of this article, or any OLDS or community sewage system is installed, repaired, altered or modified prior to obtaining a permit as required by this article or in a manner which does not comply with such permit, or any OLDS or community sewage system is not properly maintained or the malfunction of any OLDS or community sewage system is not reported to the Township, in addition to the other remedies provided by law, the Township may commence any appropriate action or proceedings in equity to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS or community sewage system.
A. 
The following activities are hereby declared to be nuisances:
(1) 
Construction of improvements on the replacement location. Such construction renders the replacement location useless and therefore jeopardizes the water quality and other natural resources of the Township. This harm to the water quality and other natural resources of the Township is a danger to the health, safety and welfare of the residents of the Township and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the Second Class Township Code.
(2) 
Installation, alteration or modification of an OLDS or community sewage system without having obtained a permit as required by this article and the regulations of the Department, or, if a permit was obtained, in a manner which violates the terms of the permit.
(3) 
Failure to maintain an OLDS or community sewage system as required by this article.
B. 
All of these actions result in pollution of the waters of the commonwealth and other natural resources of the Township and constitute a danger to the health, safety and welfare of Township residents. The actual expenses of the Township in the abatement of such nuisances plus a penalty in the amount of 25% of such expenses shall be filed as a municipal claim against the property.
Although this article is intended to provide guidelines for the installation and maintenance of OLDS and community sewage systems and the identification and maintenance of a replacement location for OLDS, nothing contained herein shall be interpreted as a guarantee or warranty to applicants or other Township residents that systems installed under the provisions of this article will function as intended. The Township assumes no responsibility for the location and/or maintenance of OLDS or community sewage systems within the Township.
Appeals from any action of the Sewage Enforcement Officer under this article shall be made, in writing, to the Board of Supervisors within 15 days from the date of the written determination of the Sewage Enforcement Officer. All appeals shall be accompanied by the appeal fee established by resolution or ordinance of the Board of Supervisors.
A. 
The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal period.
B. 
If the appellant desires a hearing before the Board, the appellant must request a hearing in the written appeal.
C. 
If a hearing is requested in writing, the Board shall conduct the hearing at a regular or special public meeting which occurs not less than 14 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
D. 
The Board shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.
Except as otherwise required by law, this article is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this article restates regulations contained in ordinances previously enacted by the Board of Supervisors, including but not limited to Ordinance No. 34-1981, this article shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Board that all provisions of this article shall be considered in full force and effect as of the date such regulations were initially enacted.
[Added 12-9-2013 by Ord. No. 206-2013]
Each septage hauler who performs maintenance upon an OLDS within the Township, including but not limited to pumping out the OLDS, shall insure that after maintenance of an OLDS the septage hauler files a manifest with the Township for each OLDS serviced within the Township and provides the owner of the property on which the OLDS is located with a copy of the manifest. The owner of a lot on which an OLDS is located is responsible to insure that the septage hauler files a copy of the manifest with the Township after maintenance of the OLDS and, in the event the septage hauler fails or refuses to do so, shall file a copy of the manifest with the Township.
[Added 12-9-2013 by Ord. No. 206-2013]
Any person who transfers a lot containing an OLDS shall provide the new owner with all records concerning the maintenance of the OLDS and shall demonstrate compliance with this article. Each person who transfers a lot containing a nonstandard system shall additionally provide the new owner will all manuals and information provided by the manufacturer of the nonstandard system.
[Added 12-9-2013 by Ord. No. 206-2013]
All septage haulers operating within the Township shall register with the Township and shall comply will all reporting requirements established by the Township. A septage hauler may register by completing the registration form and filing the completed registration form with the Township.
[Added 12-9-2013 by Ord. No. 206-2013]
All septage originating within the Township shall be disposed of at sites or facilities approved by the Department. Approved sites or facilities may include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands. Septage 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).