Where a public sanitary or combined sewer is not available under the provisions of § 36-77D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.
Before commencement of construction of a private sewage disposal system serving a single dwelling or business (single unit system), the owner shall first obtain a written permit signed by the Township Plumbing Inspector. The application for such a permit shall be made on a form furnished by the Township and shall include specifications and other information deemed necessary by the Township. A permit and inspection fee shall be paid to the Township Treasurer at the time the application is filed.
A permit for a single unit system shall not become effective until the installation is completed to the satisfaction of the Township. The Township shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Township when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Township.
The type, capacities, location, and layout of a single unit system shall comply with all recommendations of the County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
At such time as a public sewer becomes available to a property served by a single unit system, a direct connection shall be made to the public sewer in compliance with this Part 4 and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Township.
No person shall build a private sewage disposal system serving more than one dwelling or business (multiple unit system) unless the Township Board of Trustees approves a permit to build the system upon finding that it meets the requirements of this article. A permit will not be approved by the Township unless it receives evidence that the system has received all permits required by state and federal law and by county ordinance and that the system meets all state, federal and local laws and regulations. No person shall operate a multiple unit system unless the Township issues an operation permit upon finding that the system has received all necessary state, federal and county approvals and that it has been built in compliance with all state, federal and county laws and regulations and that it is in compliance with this article and any regulations adopted pursuant to this article.
A multiple unit system must be owned and operated by a corporate entity separate from the Township which has the authority to assess all users for the costs of operating, maintaining, repairing and rebuilding the system. It must have authority to impose liens and foreclose on liens for users who do not pay the assessments. The corporation shall have the duty to operate, maintain and repair all aspects of the system, including individual components assigned to dwelling units.
Before being issued a permit to build a multiple unit system, the owner must make deposit in a Township escrow account sufficient funds to cover all the Township's expenses for inspecting and approving the system. Before operating the system, the owner must establish and maintain at all times an escrow account with sufficient funds projected to operate, maintain, repair and rebuild the system during the future five-year period at any time when the system is in operation.
A multiple unit system must be designed so that it does not contaminate the air, the groundwater and/or the surface water. It must comply with all state, federal and county permit requirements. Copies of all required permits must be provided to the Township before a Township permit is issued.
An applicant for a multiple unit system must establish that the personnel who will operate the system are fully qualified and have all required licenses.
Any master deed for the area to be served by a multiple unit system and all individual deeds or other instruments of conveyance to users of the system shall clearly establish the right to assess all costs of the multiple unit system on the user's property and shall make unpaid assessments a lien on the property. The deeds shall contain the following language in not less than twelve-point bold face type: "Sanitary sewage service for this property is provided by a private sewer system financed by the users of the system. The Township has no responsibility for the operation, maintenance of the sewer system. If the system fails to meet the requirements of the Township Code, the Township may appoint a receiver to operate the system and specially assess the property of systems users for all costs associated with the receivership."
No permit for the building or operation of a multiple unit system shall be effective until an operating agreement between the Township and the owner of the system has been executed and recorded. The agreement shall specify the means by which the owner shall comply with this article and shall provide for a continuous escrow with the Township of funds projected to cover the Township's costs for inspecting the system. The agreement shall provide that the owner of the system shall pay all of the Township's costs, including overhead, to insure compliance with this article. The agreement shall provide for indemnification and defense of the Township for all claims arising out of the operation of the system. It shall require that there be insurance of not less than $5,000,000 covering all claims and environmental damage caused by the system. It shall require that the owner shall maintain insurance for the full replacement cost of the system. The insurance policies must name the Township as an insured party.
The owner of a multiple unit system shall provide the Township with copies of all reports the owner files with any state, federal or county agency. The owner shall also file with the Township annually a complete report showing its operations, its audited financial condition and other information the Township staff shall require to determine compliance with this article. Monthly reports shall be filed with the Township showing the results of all tests of the system, including samplings of test wells. The owner shall, at least quarterly, provide reports to all users of the system showing the financial and physical condition of the system and providing advice on use of the system. Copies of the reports to users shall be provided to the Township.
The Township shall be permitted to inspect a multiple unit system upon request during construction and after approval. A condition for approval of a multiple unit system is the granting of an easement to the Township for inspection of the system.
Except in the case of appointment of a receiver, as provided in § 36-104, the Township shall not assume any responsibility for the operation, maintenance, repair or financing of a multiple unit system, or for declining to assume responsibility for, or for declining to place in receivership, a multiple unit system.
No certificate of occupancy shall be issued for any structure to be served by a multiple unit system until an operation permit for the system has been approved.
If there is a violation of this article, enforcement may be by any or all of the following means:
A. 
Charge to owner and/or operator a civil infraction violation. Violations of this article shall be civil infractions subject to a civil fine of not less than $500 nor more than $20,000.
B. 
Appointment of a receiver to run the multiple unit system until all violations are corrected and the financial condition of the system is in compliance with this article and the operating agreement. The receiver shall have full authority to operate the system and assess all costs to the users of the system.
C. 
Seek to enjoin violations and require specific enforcement of this article in a court of competent jurisdiction.
Submitting a false report regarding any matter covered by this article is a misdemeanor punishable by imprisonment for up to 90 days and a fine of up to $500.
The Township Board of Trustees may, by resolution, adopt regulations to implement this article.
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the state or County Health Department or DEQ.