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.
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.