Township of Manheim, PA General Provisions

Word usage. In the interpretation of this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

Definitions. All words and phrases not otherwise defined herein shall have the meanings 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., as each may be amended or supplemented.

Unless the context of this chapter specifically indicates otherwise, the following terms used in this chapter shall mean:

ABSORPTION AREA EASEMENT

A portion of a lot, tract or parcel that encompasses the primary area and replacement location and which shall be delineated and preserved. The primary area and replacement location need not be contiguous.

ACT

The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535, No. 537, as amended, 35 P.S. §§ 750.1 through 750.20.

ALLOWABLE INDUSTRIAL WASTE

Any solid, liquid or gaseous substance, waterborne waste or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources, as distinct from sewage, which is permitted to be discharged into the sewer system pursuant to the provisions of this chapter.

AUTHORITIES ACT

The Municipality Authorities Act of 1945, Act of May 2, 1945 (P.L. 382, No. 164), as amended, and as supplemented, modified or restated by Act of June 19, 2001 (P.L. 287, No. 2001-02), as amended.

AUTHORIZED AGENT

The Township Engineer, a certified Sewage Enforcement Officer (SEO), professional engineer or sanitarian, plumbing inspector, soils scientist, water quality coordinator, qualified professional engineer, qualified professional geologist, qualified soil scientist, Township Code Enforcement Official, City of Lancaster official, LASA official or any other person who is designated to carry out the provisions of this chapter as the agent of the Township, City of Lancaster or LASA.

BOARD

Board of Commissioners of the Township of Manheim, Lancaster County, Pennsylvania, and any authorized agent or employee designated by it to act on its behalf or on behalf of the Township.

CITY OF LANCASTER

The City of Lancaster, Lancaster County, Pennsylvania.

CLEAN STREAMS LAW

Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 through 691.1001.

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 systems of the City of Lancaster or LASA shall not be considered community sewage systems for the purposes of this chapter.

DEPARTMENT/DEP

The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.

DEVELOPER

Any owner, agent of such owner or tenant with the permission of such owner, who makes or causes to be made a subdivision of land or a land development, or other activities covered by this chapter.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, and public facilities.

IMPROVED PROPERTY

Any property located within the Township upon which is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which sewage shall or may be discharged.

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."

INDUSTRIAL WASTE

Any solid, liquid or gaseous substance, waterborne wastes or form of energy ejected or escaping from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources as distinct from sewage.

LAND DEVELOPMENT

(1)

The improvements of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(b)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.

(2)

A subdivision of land.

LASA

The Lancaster Area Sewer Authority, a municipal authority organized and existing under the Authorities Act.

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 system discharges sewage onto the surface of the ground, into groundwater of the commonwealth, into surface waters of the commonwealth, backs up into the building connected to the OLDS or community sewage 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 system shall be considered to be malfunctioning if any of the conditions set forth in this definition occur for any length of time during any period of the year.

NONSTANDARD SYSTEM

An OLDS which has a denitrification unit or any other 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.

OCCUPIED BUILDING

Each single dwelling unit, household unit, condominium, flat or apartment unit, store, shop, office, business, commercial or industrial unit or family unit contained within any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage is or may be discharged.

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.

OWNER

Any person vested with an ownership interest, legal or equitable, sole or partial, in any property located in this Township.

PERMIT

A permit issued by the SEO 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, 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.

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.

PRIMARY AREA

An area on a lot, tract or parcel of land that has been tested by the SEO and found suitable, based upon the then-current DEP site requirements, for the installation of an OLDS and which will be preserved and protected from alteration for installation of the initial OLDS for sewage generated on that lot, tract, or parcel. (See "replacement location.")

PRIVATE DWELLING OR LIVING UNIT

Any structure intended to be occupied as a whole by one family, an apartment intended to be occupied by one family, or any other one-family living unit containing plumbing for kitchen or toilet facilities.

PROPERTY ACCESSIBLE TO THE SEWER SYSTEM

Any improved property which adjoins, abuts or is adjacent to the sewer system or as may be further defined under rules and regulations adopted by the Board pursuant to Article II, § 399-12. Notwithstanding the foregoing, property accessible to the sewer system shall mean, as to a private dwelling or living unit, all improved residential property where the residence thereon is within 150 feet of a sewer as measured from the nearest portion (part) of the residence in a straight line to the center line of the sewer, provided that this modification shall apply solely to private dwelling or living units and to no other improved property, all other improved property being determined to be accessible to the sewer system as provided by the first sentence of this section.

PUMPER/HAULER BUSINESS

Any sole proprietor, company, partnership or corporation which is 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, retaining 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.

PUMPER'S REPORT/RECEIPT

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.

REGULATIONS

The Pennsylvania Code, Title 25, Chapters 71, 72 and 73, as may be amended and supplemented.

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 requirements of the regulations of the Department and all applicable Township ordinances for an OLDS.

RETAINING TANK

A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes, but is not limited to, the following:

(1)

CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.

(2)

HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a sewer system having no discharge point, requiring pump out and disposal of waste at another site.

(3)

PRIVYA tank designed to receive sewage where water under pressure is not available.

(4)

INCINERATING TOILETA device capable of reducing waste materials to ashes.

(5)

COMPOSTING TOILETA device for holding and processing human and organic kitchen waste, employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.

(6)

RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.

SEPTAGE

The residual scum, sludge and other materials pumped from septic or aerobic treatment tanks and the systems they serve.

SEWAGE

Any substance that contains any of the waste products or excrements or other discharge from the bodies of human beings or animals and any noxious or deleterious substance 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 Clean Streams Law.

SEWAGE ENFORCEMENT OFFICER (SEO)

The Sewage Enforcement Officer of the Township.

SEWAGE TREATMENT PLANT

The plants and facilities owned by the City of Lancaster and the Lancaster Area Sewer Authority for the treatment and disposition of sewage and allowable industrial waste, as well as any other sewage treatment plant which may, in the future, be used for the treatment and disposition of sewage and allowable industrial waste from the sewer system serving the Township.

SEWER

Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.

SEWER SYSTEM

All sewer mains, lateral sewers from the main to the point of service connections, sewage ejector and/or pumping stations, force mains, sewage treatment plant, and all appurtenances thereto which are owned and/or operated by the Township, City of Lancaster and/or LASA for the collection and disposal of sewage and allowable industrial waste within this 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.

SOIL ABSORPTION SYSTEM

An on-lot system that uses the renovative capacity of the soil for treatment. All SEO permitted systems, except retention tank systems, are soil absorption systems.

SUBDIVISION

The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership, or building or lot development.

TOWNSHIP

The Township of Manheim, Lancaster County, Pennsylvania.

§ 399-2 Appointment of agent.

The City of Lancaster is hereby designated and appointed as an authorized agent of the Township for the purpose of receiving, treating, and disposing of sewage and allowable industrial waste to be collected by the sewer system which is transported to any sewage treatment plant owned or operated by the City of Lancaster and to promulgate rules and regulations which are reasonably necessary in connection with the function of the City of Lancaster as the receiving authorized agent of sewage from the Township and for receiving all applications for permits required under the provisions of this chapter, designating place of connection, establishing rules and regulations on the materials and construction of the sewer system, private sewer system, service line, house connection, lateral sewer, and service connection, and carrying out all inspections, observations, measurements, samplings and testing required or permitted hereunder.

LASA is hereby designated and appointed as an authorized agent of the Township for the purpose of receiving, treating, and disposing of sewage and allowable industrial waste to be collected by the sewer system which is transported to any sewage treatment plant owned or operated by the LASA and to promulgate rules and regulations which are reasonably necessary in connection with the function of the LASA as the receiving authorized agent of sewage from the Township and for receiving all applications for permits required under the provisions of this chapter, designating place of connection, establishing rules and regulations on the materials and construction of the sewer system, private sewer system, service line, house connection, lateral sewer, and service connection, and carrying out all inspections, observations, measurements, samplings and testing required or permitted hereunder.

§ 399-3 Incorporation of City of Lancaster/LASA standards.

With respect to that portion of the sewer system which transports sewage and allowable industrial waste for treatment by the sewage treatment plant of the City of Lancaster, the Township specifically and expressly incorporates by reference, in its entirety, the Code of the City of Lancaster, Chapter 249, Sewers, as such rules and regulations are currently in effect and as the same may be amended from time to time.

With respect to that portion of the sewer system which transports sewage and allowable industrial waste for treatment by the sewage treatment plant of LASA, the Township specifically and expressly incorporates by reference, in their entirety, the rules and regulations of the Lancaster Area Sewer Authority, as such rules and regulations are currently in effect and as the same may be amended from time to time.

§ 399-4 Fees.

The Board may, by resolution, establish a fee schedule and collect fees to cover the Township's actual costs of administering this chapter.

§ 399-5 Establishing manner of fee collection by Sewage Enforcement Officer (SEO); method of compensation.

Utilizing invoices provided by the Township, the SEO shall invoice and collect all fees charged in connection with the work performed by the SEO. The SEO shall forward a copy of the invoice along with all collected fees to the Township.

The SEO shall deliver a written statement of all work performed by the SEO, specifically describing the work performed, stating the dates on which the work was performed, stating the address and location of the lot where the work was performed, and identifying the person for whom the work was performed.

Upon receipt of the SEO's written statement, the Township shall compensate the SEO for the work performed in accordance with the terms of compensation agreed upon by the Township and SEO.

§ 399-6 Penalties applicable to Article II, §§ 399-9 through 399-14.

Any person who violates any provision contained in Article II, §§ 399-9 through 399-14 shall be punishable by a maximum fine of $600 plus all costs of prosecution, which fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge, in like manner as debts of like amount may be sued for by existing laws. Each day that a violation continues and each section of this article which is violated constitutes a separate violation. Each occupied building shall constitute a separate and distinct unit under the provisions of Article II, §§ 399-9 through 399-14, and the owners of occupied buildings consisting of multiple units contained in the same structure who violate any of the provisions of Article II, §§ 399-9 through 399-14 shall be subject to the aforesaid fine for each of such occupied buildings or units which is in violation of the provisions of Article II, §§ 399-9 through 399-14.

§ 399-7 Penalties applicable to Article II, §§ 399-15 through 399-17.

Any person who violates any provision contained in Article II, §§ 399-15 through 399-17, and Article III, § 399-29 shall be punishable by a maximum fine of $1,000 plus all costs of prosecution, which fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge, in like manner as debts of like amount may be sued for by existing laws. Each day that a violation continues and each section of this article which is violated constitutes a separate violation.

§ 399-8 Penalties applicable to Article III of this chapter.

Any person who violates or permits the violation of any provision of Article III; 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 punishable by a maximum fine of $1,000 plus all costs of prosecution, which fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge, in like manner as debts of like amount may be sued for by existing laws. Each day that a violation continues and each section of this article which is violated constitutes a separate violation.