[Adopted 12-2-2013 by Ord. No. 2013-3]
A.
This article shall be known and may be cited as "an Ordinance providing
for an On-Lot Sewage Management Program for Westtown Township."
B.
In accordance with the Second Class Township Code (53 PS § 65101
et seq.), the Clean Streams Law (Act of June 27, 1937, P.L. 1987,
No. 394 as 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 the duty of Westtown Township to provide for adequate
sewage treatment and disposal 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 Westtown Township
indicates that it is necessary to formulate and implement a sewage
management program to effectively prevent and abate water pollution
and hazards to the public health caused by improper treatment and
disposal of sewage.
C.
The purpose of this article is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further allow intervention in situations which may constitute a
public nuisance or hazard to the public health; and to establish penalties
and appeal procedures necessary for the proper administration of a
sewage management program.
A.
ACT 537
AUTHORIZED AGENT
BOARD
COMMUNITY ON-LOT SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL ON-LOT SEWAGE SYSTEM
INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM (IRSIS)
INITIAL TREATMENT UNIT
LIQUID WASTE
LIQUID WASTE HAULER
LOT
MAINTENANCE CONTRACTOR
MALFUNCTION
OFFICIAL SEWAGE FACILITIES ACT 537 PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
RETAINING TANK
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT PROGRAM
TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A person with demonstrated knowledge and experience regarding
on-lot sewage disposal system design, operation, and maintenance who
is authorized to function within specified limits as an agent of Westtown
Township to administer or enforce the provisions of this article.
The Board of Supervisors, Westtown Township, Chester County,
Pennsylvania.
A sewage system which serves two or more lots, or two or
more equivalent dwelling units, and uses a system of piping, tanks,
or other facilities for collecting, treating, and disposing of sewage
into a soil absorption area, retaining tank, or cesspool.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A sewage system which serves a single lot and a single equivalent
dwelling unit, and uses a system of piping, tanks, or other facilities
for collecting, treating, and disposing of sewage into a soil absorption
area, spray field, retaining tank, or cesspool.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage through using a system of
piping, treatment tanks, and soil renovation through spray irrigation.
Term used to describe the on-lot disposal system receiving
unit to which sewage is delivered from a sewage generating facility.
The term includes, but is not limited to, septic tanks, aerobic treatment
units, and cesspools.
Septage pumped from septic tanks, cesspools, holding tanks,
privies, or chemical toilets which does not include any toxic, industrial,
or hazardous wastes.
Any person engaged in the business of pumping and transporting
liquid waste within Chester County using vehicles licensed by the
Chester County Health Department.
A parcel of land, undivided by any street or dedicated future
street right-of-way. Such parcel shall be separately described by
metes and bounds, the description of which is recorded in the office
of the Recorder of Deeds of Chester County by deed description or
is described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Chester County.
A private independent contractor who has been given training
by the original equipment manufacturer on the operations of applicable
sewage system components, has been authorized by the manufacturer
to service said components, or has demonstrated technical expertise
in the field of on-lot sewage system maintenance. All maintenance
contractors shall be approved by the Township to provide such maintenance
services within the borders of the Township.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of ground-
or surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A comprehensive plan for the provisions of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.
Any community on-lot sewage system or individual on-lot sewage
system as defined herein.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. This term is synonymous with the term
"holding tank."
The residual scum, sludge, and other materials pumped from,
but not limited to, initial treatment units, other treatment tanks,
retaining tanks, pump 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 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. 394), known
as "the Clean Streams Law," as amended.
A person certified by DEP who is employed by the Chester
County Health Department. Such person is authorized to conduct investigations
and inspections, review permit applications, and do all other activities
as may be provided for such person in the Sewage Facilities Act, the
rules and regulations promulgated thereunder and this article or any
other ordinance adopted by the Township or Chester County Health Department.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this article.
The Township of Westtown, Chester County, Pennsylvania.
B.
The definition of any term defined herein is specific to this article.
Any term which is not defined herein shall have that meaning attributed
to it under the Sewage Facilities Act and regulations promulgated
thereto, also solely for the purposes of this article.
From the effective date of this article, its provisions shall
apply to all portions of the Township served by on-lot sewage disposal
systems. Within such an area or areas, the provisions of this article
shall apply to all persons owning any property serviced by an on-lot
sewage disposal system and to all persons installing or rehabilitating
on-lot sewage disposal systems.
A.
No building permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until an on-lot sewage disposal
system permit has been issued by the Chester County Health Department
SEO. Proof of on-lot sewage disposal system permit issuance shall
be presented to the Township in the form of a properly executed permit
signed by the Chester County Health Department SEO.
B.
No occupancy permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until the sewage disposal
system has been installed and the completed installation is approved
by the Chester County Health Department SEO. Proof of on-lot sewage
disposal system final installation approval shall be presented to
the Township in the form of a properly executed permit signed by the
Chester County Health Department SEO.
C.
No building or occupancy permit shall be issued for and no work shall
begin on any alteration or conversion of any existing structure if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until either the structure's
owner receives a permit from the Chester County Health Department
SEO for alteration or replacement of the existing sewage disposal
system or until the structure's owner and the appropriate officials
of the Township receive written notification from the Chester County
Health Department SEO that such a permit will not be required. The
Chester County Health Department SEO shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
D.
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Chester County Health Department.
A.
Initial inspections.
(1)
Each person owning a building served by an on-lot sewage disposal
system shall employ a maintenance contractor to complete an initial
inspection for the purpose of determining the type, condition, and
maintenance needs of each on-lot sewage disposal system. All such
inspections shall be completed within three years of the effective
date of this article, although the Board may define subsets of the
Township where initial inspections shall be completed in shorter prescribed
periods in order to facilitate administration.
(2)
Initial inspections may be conducted concurrent with the pumping requirements of § 132-59A or § 132-59B, as applicable. However, if the liquid depth in the initial treatment unit is above the unit's outlet piping, the initial treatment unit must be pumped dry at the time of inspection. Pumping may also be required at the time of inspection for other conditions which would prevent a satisfactory inspection where such conditions are identified by the maintenance contractor and the requirement for pumping is verified by the Township's authorized agent.
[Amended 11-17-2014 by Ord. No. 2014-2]
(3)
A written inspection report signed by the maintenance contractor
shall be furnished to the Township by the person owning the property
served by the on-lot sewage disposal system within 30 days of the
inspection. All written inspection reports shall be on a form provided
by the Township.
(4)
Initial inspection requirements may be waived for the following conditions:
(a)
A new system has been installed in accordance with all Chester
County Health Department and DEP standards within one year prior to
the effective date of this article. Copies of all approved Chester
County Health Department permit data, including plot plan, as-built
plot plan, design specifications, and installation inspection reports
must be submitted to the Township by the property owner to qualify
for a waiver from the initial inspection requirements.
(b)
A property owner has applied for a Chester County Health Department
permit to repair a malfunctioning on-lot sewage disposal system but
no repair was deemed possible by the Health Department. Copies of
all Chester County Health Department documentation, including the
permit application form, soils testing field reports, and a written
determination from the Health Department that no repair is possible
must be submitted to the Township by the property owner to qualify
for a waiver from the initial inspection requirements. Any such waiver
will not absolve the property owner from the responsibility to maintain
the on-lot sewage disposal system in a manner to prevent malfunction,
including frequent pumping, water conservation, or any other means
deemed acceptable by the Chester County Health Department. The property
owner shall further assume an ongoing responsibility to revisit options
for repair of the on-lot sewage disposal system with the Chester County
Health Department at least annually in order to determine whether
any new technologies may have been approved by DEP which would allow
for permit issuance to repair the on-lot sewage disposal system.
B.
Routine inspections.
(1)
Each person owning a building served by an on-lot sewage disposal
system shall employ a maintenance contractor to complete routine inspections
for the purpose of evaluating ongoing condition and maintenance needs
of each on-lot sewage disposal system in the Township.
(2)
Routine inspections shall be completed every three years after the date of initial inspection, the date of a new on-lot sewage disposal system installation pursuant to § 132-57A(4)(a), or the date of any waiver granted pursuant to § 132-57A(4)(b), as applicable. Routine inspections shall also be completed every three years after final installation approval by the Chester County Health Department SEO for all on-lot sewage disposal systems constructed after the effective date of this article.
(4)
A written inspection report signed by the maintenance contractor
shall be furnished to the Township by the person owning the property
served by the on-lot sewage disposal system within 30 days of the
inspection. All written inspection reports shall be on a form provided
by the Township.
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(3)
Toxic or hazardous substances or chemicals, including but not limited
to, pesticides, disinfectants (excluding household cleaners), 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, french drains, air-conditioner
condensate discharges, and dehumidifier discharges.
(5)
Wastewater resulting from hair treatment at a multi-chaired beauty
shops.
(6)
Any nonbiodegradable materials.
B.
The Township may require other operation or maintenance procedures
to ensure proper on-lot sewage disposal system performance.
A.
Each person owning a building served by an on-lot sewage disposal
system shall have the initial treatment unit pumped within three years
of the effective date of this article by a Chester County Health Department
licensed liquid waste hauler. Thereafter, the property owner shall
have the system pumped at least once every three years. Receipts from
the Chester County Health Department licensed liquid waste hauler
shall be submitted by the property owner to the Township within the
prescribed pumping periods.
B.
The required pumping frequency may be modified at the discretion
of the Board of Supervisors or the Township's authorized agent if
the initial treatment unit is undersized, if an inspection reveals
solids or scum in excess of 1/3 of the liquid depth of the tank, if
the hydraulic load on the system increases significantly above average,
if a garbage grinder is used in the building, if the system malfunctions
or for other good cause shown.
C.
All on-lot sewage disposal system pumping shall be performed in accordance
with Chapter 504 of the Chester County Health Department regulations
and shall also conform to the following minimum standards, unless
other standards are specified by an equipment manufacturer:
(1)
At all times, the pumper truck operator's personal safety, as well
as protection of the environment and the landowner's property, shall
receive the highest priority.
(2)
Initial treatment units shall only be pumped from or through the
manhole or access port (i.e., the largest tank opening).
(3)
Initial treatment units shall not be pumped from or through the observation
or inspection port.
(4)
When necessary to break up solids, backwashing 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.
(5)
When backwashing, care shall be taken not to fill or refill the initial
treatment units to a level greater than 12 inches below the elevation
of the outlet pipe, where applicable.
(6)
No liquids or solids are to be discharged into or through the outlet
pipe, where applicable.
(7)
Initial treatment units shall be deemed to be cleaned when all organic
solids are removed and the total average liquid depth remaining is
less than one inch.
(8)
At all times, and in all phases of operations, the liquid waste hauler
shall comply with all laws and regulations regarding the activities
associated with on-lot sewage disposal system maintenance and disposal
of materials removed therefrom.
D.
Any person owning a building served by an on-lot sewage disposal
system which utilizes any components or technologies deemed by DEP
to require more detailed operation and maintenance requirements than
provided for in this article, including but not limited to individual
residential spray irrigation systems (IRSIS), alternate systems, or
experimental systems shall be further subject to the maintenance responsibilities
recommended by DEP for said system. The Township may impose additional
requirements as deemed necessary to provide for the increased oversight
inherent in these cases, including but not limited to collection of
an annual fee and additional financial security.
E.
Surface contouring shall be required as necessary to direct surface
water and drainageways away from all components of on-lot sewage disposal
systems.
F.
Additional maintenance activity may be required as needed including,
but not limited to, providing reasonable access to initial treatment
unit, cleaning and unclogging of piping, servicing and the repair
of mechanical and electrical equipment, leveling of distribution boxes,
tanks and lines, removal of obstructing roots or trees, etc.
A.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner to constitute a malfunction. Any suspected malfunction
shall be reported to the Chester County Health Department SEO, who
shall make a final determination as to functional status and rehabilitation
measures required. Any person owning a building served by an on-lot
sewage disposal system determined to be in a state of malfunction
by the Chester County Health Department SEO shall perform all corrective
measures required by the SEO to abate the malfunction. The Chester
County Health Department SEO shall have the authority to require abatement
of any malfunction by the following methods: cleaning, repair or replacement
of components of the existing system, adding capacity or otherwise
altering or replacing the system's initial treatment unit, expanding
the existing disposal areas, replacing the existing disposal area,
replacing the system with a retaining tank, frequent pumping, or any
other alternative appropriate for the specific site.
B.
In the event other remedies described in this section fail to abate
a malfunction, the Chester County Health Department's Sewage Enforcement
Officer and/or the Township's authorized agent 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 or they may be required to be replaced by water conserving
devices.
C.
Should none of the remedies described in this section be totally
effective in eliminating the malfunction of an existing on-lot sewage
disposal system, the property owner is not absolved of responsibility
for that malfunction. The Township and the Chester County Health Department
may require action by the property owner to lessen or mitigate the
malfunction to the extent necessary.
D.
There may arise geographic areas where numerous on-lot sewage disposal
systems are known or are suspected to be in a state of malfunction.
A resolution of these area-wide problems may necessitate detailed
planning and a revision to the portion of the Sewage Facilities Plan
pertaining to areas affected by such malfunctions. When a DEP-authorized
Official Sewage Facilities Plan Revision has been undertaken, mandatory
repair or replacement of individual malfunctioning sewage disposal
systems within the area affected by the revision may be delayed, pending
the outcome of the plan revision process. However, immediate corrective
action may be compelled whenever a malfunction, as determined by the
Chester County Health Department and/or the Department, represents
a serious public health or environmental threat.
A.
Retaining tanks shall only be utilized as a remedy for a malfunctioning
on-lot sewage disposal system when it has been determined by the Chester
County Health Department SEO and the Township that no other remedy
is viable.
B.
Where no on-lot sewage disposal system malfunction has been identified
by the Chester County Health Department, the use of retaining tanks
shall be subject to approval by the Board, the Chester County Health
Department, and DEP. Board approval shall be further predicated upon
a satisfactory operation and maintenance agreement specific to each
use, to which both the Township and the property owner shall be party.
The Township may impose additional requirements as deemed necessary,
including but not limited to collection of financial security and
an annual fee.
C.
Retaining tank installation and use shall be subject to all the requirements
of 25 Pa. Code § 71.63 (relating to retaining tanks) and
the requirements of the Chester County Health Department.
D.
Any person owning a building served by a retaining tank shall annually
provide to the Township a copy of a maintenance contract with a liquid
waste hauler licensed by the Chester County Health Department. The
contract shall provide for regular removal of the retaining tank contents
in accordance with Section 11 and with a frequency sufficient to prevent
the contents from overflowing on the ground surface. The contract
shall also specify the Chester County Health Department license number
of the liquid waste hauler and the disposal site(s) of the retaining
tank contents.
The Township, upon written notice from the Chester County Health
Department's Sewage Enforcement Officer that an imminent health hazard
exists due to failure of the property owner to maintain an on-lot
sewage disposal system, shall have the authority to perform, or contract
to have performed, the work required by the Chester County Health
Department's Sewage Enforcement Officer. The owner shall be charged
for the work performed and, if necessary, a lien shall be entered
therefor in accordance with applicable law.
A.
All septage originating within the Sewage Management District shall
be disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.)
and all other applicable laws and at sites or facilities approved
by DEP.
B.
Pumper/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),
all other applicable laws, and Chester County Health Department regulations.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The Township shall employ or contract with qualified individuals
to carry out the provisions of this article. Those employees and/or
contractors shall include an authorized agent and may include an administrator
and such other persons as may be necessary. The Township may also
contract with private qualified persons or firms as necessary to carry
out the provisions of this article.
C.
The Township's authorized agent shall have the right to enter upon
land for the purpose of administering the provisions of this article.
The Township shall provide a written notice to the property owner
no less than 14 days prior to any entry upon property for these purposes,
unless the Township, Chester County Health Department or DEP has determined
that potential an imminent public health hazard exists, in which case
the Township may conduct such actions at any reasonable time. The
Township's authorized agent shall have a photographic proof of identification
and shall present same to the property owner upon request whenever
entering upon land to administer the provisions of this article.
D.
All records pertaining to sewage permits, building permits, occupancy
permits and all other aspects of the Sewage Management Program shall
be made available for inspection consistent with the provisions of
the Open Records Law.
E.
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this article.
F.
The Board may by resolution establish a fee schedule, and authorize
the collection of fees, to cover the cost to the Township of administering
this article.
A.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board in writing within
30 days from the date of written notification of the decision in question.
B.
The appellant shall be entitled to a hearing before the Board at
its next regularly scheduled meeting, if a written appeal is received
at least 14 days prior to that meeting. If the appeal is received
within 14 days of the next regularly scheduled meeting, the appeal
shall be heard at the following regularly scheduled meeting. The Board
shall thereafter affirm, modify, or reverse the aforesaid decision.
The hearing may be postponed for a good cause shown in writing by
the appellant or the Township. Additional evidence may be introduced
at the hearing, provided that it is submitted with the written notice
of appeal.
C.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
D.
Hearings under this subsection shall be conducted pursuant to the
Act of December 2, 1968 (P.L. 1133, No. 353), known as the "Pennsylvania
Local Agency Act."
In addition to a proceeding under any other remedy available
to the Township at law or in equity for a violation of any provision
of this article or any rule or regulation promulgated under this article
or any order issued by the Township or any permit issued by the Chester
County Health Department and/or the Township pursuant to this article,
the Township, after notices and hearing, may assess a civil penalty
against any person for that violation. All proceedings by the Township
to impose civil penalties pursuant to this section shall be governed
in all respects by the provisions of § 13.1 of Act 537 (35
P.S. § 750.13a) which are incorporated herein by reference
in their entirety.
