[Ord. 2013-02, 7/1/2013, § I]
1.
This Part shall be known and may be cited as the "On-Lot Sewage Management
Program" for Spring Township.
2.
As mandated by the municipal codes, the Clean Streams Law (34 P.S.
§ 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), municipalities have the power and the
duty to provide for adequate sewage treatment 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 Spring 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.
3.
The purpose of this Part is to provide for the inspection, maintenance
and rehabilitation of on-lot sewage disposal systems; to further permit
the municipality to intervene in situations which are public nuisances
or hazards to the public health; and to establish penalties and appeal
procedures necessary for the proper administration of a sewage management
program.
[Ord. 2013-02, 7/1/2013, § II]
The Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq., known as the Pennsylvania Municipalities
Planning Code.
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 certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, municipal secretary
or any other qualified or licensed person who is delegated by the
municipality to function within specified limits as the agent of the
municipality to carry out the provisions of this Part.
The Board of Supervisors, Spring Township, Centre County,
Pennsylvania,
A construction code official who has been certified by the
Department of Labor and Industry to administer and enforce codes and
regulations under the Act 45 of 1999.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots or uses, or two or more
equivalent dwelling units, and the treatment and/or disposal of the
sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person, partnership or corporation which erects or contracts
to erect a building on property it owns, whether with the intent to
sell the building to some other party upon its full or partial completion,
or upon conveyance of property on which the building is to be built,
or with the intent to continue ownership of the property.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple family dwelling, commercial,
industrial, or institutional establishment with sewage flows equal
to 400 gallons per day.
Any property within the municipality upon which there is
erected an improvement intended for continuous or periodic habitation,
occupancy or use by human beings and from which improvement sewage
shall or may be discharged by any means.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this Commonwealth or by means of conveyance
to another site for final disposal.
A land development is identified in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition which occurs when an on-lot sewage disposal
system causes pollution to ground or surface waters, contamination
of private or public drinking water supplies, nuisance problems or
hazard to public health. Indications of malfunctioning systems include,
but are not limited to, foul odors, lush grass growing over the system,
backup of wastewater in the attached building(s), soggy ground over
the system, surfacing sewage effluent flowing over the ground and
occurring at any time of the year.
The management program shall encompass individual and community
on-lot sewage disposal systems which discharge into the soils or into
any waters of the municipality. All systems shall be operated under
the jurisdiction of the municipal governing body and other applicable
laws of the Commonwealth of Pennsylvania.
Spring Township, Centre County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal, adopted by the municipality and approved by DEP in accordance
with Act 537 and with applicable DEP regulations.
Any person, corporation, partnership, etc., holding deed/title
to lands within the municipality.
Any individual, association, public or private corporation
whether for profit or not for profit, partnership, firm, 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 action to comply with the terms
of this Part, the term person shall include the members of an association,
partnership or firm and the officers dairy public or private corporation
whether for profit or not for profit.
A revision to, or exception to the revision of, the municipal
Official Sewage Facilities Plan submitted in connection with the request
for approval of a subdivision or land development in accordance with
DEP regulations.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems.
Form provided to the owner(s) by the pumper/hauler when said
pumper/hauler pumps or cleans a sewage system and shows such information
as the date, name of owner(s), gallons pumped and the fee due.
Form provided by the municipality which must be completed
for each sewage system pumped within the municipality, which copies
of said form must be given to the system's owner(s) and submitted
to the municipality.
Work done to modify, repair, enlarge, or replace an existing
on-lot sewage disposal system.
An area designated as the future location of an individual
on-lot sewage disposal system that shall be installed should the initial
individual on-lot sewage disposal system installed or to be installed
fails or otherwise becomes inoperable and which shall meet all the
regulations of DEP and all applicable municipal ordinances for an
individual on-lot sewage disposal system, and shall be protected from
encroachment by an easement recorded on the final plan as filed with
the Centre County Recorder of Deeds. This is also applicable to community
on-lot sewage disposal systems.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
or 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.
A person appointed by the municipality to administer the
provisions of this Part and authorized by DEP in accordance with Chapter
72, "Administration of Sewage Facilities Program" of Title 25, "Rules
and Regulations" to perform site and soil evaluation, percolation
tests, and issue permits for on-lot sewage disposal systems.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this Commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S.
§ 10101 et seq.
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All other definitions of words and terms used in this Part shall
have the same meaning as set forth in "Chapter 73, Standards for Sewage
Disposal Facilities" of "Title 25, Rules and Regulations, Department
of Environmental Protection."
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[Ord. 2013-02, 7/1/2013, § III]
From the effective date of this Part, its provisions shall apply
to all persons owning any property in the municipality serviced by
an individual on-lot sewage disposal system or a community on-lot
sewage disposal system and to all persons installing such on-lot sewage
disposal systems.
[Ord. 2013-02, 7/1/2013, § IV]
1.
Regardless of lot size, no person shall install, construct, or request
bid proposals for construction or alter an individual on-lot sewage
disposal system or community on-lot sewage disposal system or construct
or request bid proposals for construction or install or occupy any
building or structure for which an individual on-lot sewage disposal
system or community on-lot sewage disposal system is to be installed
without first obtaining a permit indicating that the site and the
plans and specifications of such system are in compliance with the
provisions of the Pennsylvania Sewage Facilities Act (hereinafter
called "Act 537" or "Act") and the standards adopted pursuant to that
Act.
2.
No system or structure designed to provide individual or community
on-lot sewage disposal shall be covered from view until approval to
cover the same has been given by the municipality's certified SEO.
If 72 hours have elapsed, except Sundays and holidays, since the SEO
issuing the permit received notification of completion of construction,
the applicant may cover said system or structure unless permission
has been specifically refused by the SEO.
3.
The municipality may require applicants for sewage permits to notify
the municipality's certified SEO of the schedule for construction
of the permitted on-lot sewage disposal system so that inspection(s)
in addition to the final inspection required by Act 537 may be scheduled
and performed by the municipality's certified SEO at the cost of the
applicant.
4.
No building or occupancy permit shall be issued by the municipality
or its BCO for a new building which will contain sewage generating
facilities until a valid sewage permit has been obtained from the
municipality's certified SEO.
5.
No building or occupancy permit shall be issued 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 the municipality's
BCO and the structure's owner receive from the municipality's certified
SEO either a permit for modification or replacement of the existing
on-lot sewage disposal system or written notification that such a
permit will not be required. In accordance with Chapter 73 regulations,
the certified SEO shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
6.
Sewage permits may be issued only by a certified SEO employed by
the municipality for that express purpose. DEP shall be notified by
the municipality as to the identity of their currently employed primary
and alternate certified SEO's.
7.
No sewage permit may be issued unless proof is provided the owner
of record has owned the lot before May 15, 1972, or that Act 537 planning
for that lot has been provided by the municipality and approved by
DEP.
8.
No final Act 247 approval of a subdivision or land development plan
may be made and no recording of deeds for newly created lots completed
until formal Act 537 planning approval by DEP is received.
[Ord. 2013-02, 7/1/2013, § V]
1.
Requirements.
A.
Any supplements, revisions, or exceptions (Component 1 Planning Module)
to the municipality's Official Sewage Facilities Plan which are prepared
pursuant to the applicable regulations of DEP for subdivision or development
of land within the municipality shall provide for the testing, identification,
and reservation of an area of each lot or developed property suitable
for the installation of a replacement on-lot sewage disposal system.
This requirement is in addition to the testing, identification, and
reservation of an area for the primary on-lot sewage disposal system.
B.
No permit shall be issued for any proposed new on-lot sewage disposal
system on any newly created or subdivided property in the municipality
unless and until a replacement area is tested, identified and reserved.
C.
After the effective date of this Part, a replacement area for an
individual on-lot sewage disposal system shall be required for all
lots or lots to be created which are not serviced or to be serviced
by a public sewer system or for which a valid permit for installation
of an individual on-lot sewage disposal system has not been issued.
Lots existing prior to the effective date of this Part shall be exempt
from the requirements of this section.
D.
The replacement area provided shall comply with the Act and with
all regulations issued by DEP as incorporated into this Part concerning
individual on-lot and community on-lot sewage disposal systems, including
isolation distances, and with the terms of this Part and any other
applicable municipal ordinances.
2.
Identification of Replacement Area.
A.
Each applicant who shall submit a plan for the subdivision or development
of land or who shall apply for a permit for the installation of an
individual on-lot or community on-lot sewage disposal system, or who
shall request approval of a Planning Module for land development or
the adoption of a revision, exception to revision, or supplement to
the Official Sewage Facilities Plan shall demonstrate to the satisfaction
of the municipality's certified SEO that a suitable area exists on
the lot or on each lot to be created for an initial individual on-lot
sewage disposal system and for a replacement area. The municipality's
certified SEO shall perform or observe all tests required for the
location of an individual on-lot or community on-lot sewage disposal
system to confirm the suitability of the replacement area. Allowance
of open land for the replacement area without testing performed or
observed by the municipality's certified SEO shall not constitute
compliance with the requirements of this section.
B.
The location of the initial on-lot sewage disposal system and the
replacement area as confirmed by the municipality's certified SEO
shall be identified on the plot plans and diagrams submitted as part
of the permit application.
C.
If the application has been submitted as part of an application for
subdivision or land development approval or as part of a request that
the municipality approve a Planning Module for land development or
amend its Official Sewage Facilities Plan, or a request for an exception
to the revision of the Official Sewage Facilities Plan, the location
of each initial individual on-lot or community on-lot sewage disposal
system and each replacement area shall be noted upon the plot plans.
If the application is for subdivision or land development approval,
a note constituting a permanent easement shall be added to the plans
stating that no improvements shall be constructed upon the replacement
area, and the deed to be recorded for each lot created as part of
the subdivision or land development shall contain language reflecting
this limitation.
D.
Any revisions to a permit or plan affecting a replacement area which
previously has been approved pursuant to the provisions of this Part
shall be reviewed for approval by the municipal Board or its authorized
representative.
3.
Construction Restrictions.
A.
The easement for the replacement area noted upon the plan and recorded
with the Centre County Recorder of Deeds shall state that no permanent
or temporary improvements of any character, other than shallow rooted
plant matter, shall be constructed upon the replacement area.
B.
If a person desires to construct such improvements on the designated
replacement area, such person shall demonstrate to the satisfaction
of the municipality's certified SEO that an alternate replacement
area, which complies with all applicable regulations of DEP, this
Part, and all other applicable municipal ordinances, exists upon the
lot. If such an alternate replacement area shall be identified, the
alternate replacement area may be considered to be the replacement
area required by this Part and shall be designated as the replacement
area.
[Ord. 2013-02, 7/1/2013, § VI]
1.
Any on-lot sewage disposal system may be inspected by the municipality's
certified SEO or authorized agent at any reasonable time as of the
effective date of this Part, but in no case shall an inspection of
every on-lot sewage disposal system be conducted less frequently than
once every six years.
2.
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, other ground water sources,
the sampling of the contents of the sewage disposal system itself
and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and the ultimate
destination of wastewater generated in the structure. A copy of the
inspection report shall be furnished to the owner(s) and current resident,
which shall include at least all of the following information: date
of inspection; name and address of system owner; address where system
is located if different than address of owner; description and diagram
of the location of the system, including the location of access hatches
and risers; size of tank(s); indication of any system malfunction
observed; results of any and all soils and water tests, as required;
and any remedial action required.
3.
The municipality's certified SEO or authorized agent shall have the
right to enter upon land for the purposes of inspections described
herein. In the event access to inspect the property is denied, the
following steps shall be taken:
A.
The matter will be officially referred to the governing body of the
municipality for action.
B.
The governing body of the municipality may schedule a review at the
next scheduled meeting of the Board or, if the situation threatens
the health or safety of the residents of the municipality, the Board
may commence an immediate procedure to obtain a search warrant from
the District Justice.
C.
Upon receipt of a search warrant to inspect the property, the municipality's
certified SEO or authorized agent of the municipality shall be accompanied
by an officer of the municipal Police Department and the inspection
shall be completed in accordance with this subsection.
4.
An initial inspection shall be conducted by the municipality's certified
SEO or authorized agent within six years of the effective date of
this Part for the purpose of determining the typo and functional status
of each on-lot sewage disposal system in the municipality. A written
report shall be furnished to the owner of each property inspected
and a copy of said report shall be maintained in the municipal records.
5.
A routine inspection of each on-lot sewage disposal system in the
municipality will be scheduled every six years to assure the proper
functioning of all systems in the municipality.
6.
The municipality's certified SEO or authorized agent shall inspect
systems known to be or alleged to be, malfunctioning. Should said
inspections reveal that the system is indeed malfunctioning, the municipality's
certified SEO shall take action to require the correction of the malfunction.
If total correction is not technically or financially feasible in
the opinion of the municipality's certified SEO and a representative
of DEP, then action by the property owner to mitigate the malfunction
shall be required.
A permit shall be required by the municipality for alterations
or connections to an existing individual or community on-lot sewage
disposal system when the alteration or connection requires the repair,
replacement or enlargement of a treatment tank or retention tank,
or the repair, replacement, disturbance, modification or enlargement
of a soil absorption area or spray field, or the soil within or under
the soil absorption area or spray field.
7.
There may arise geographic areas within the municipality where numerous
on-lot sewage disposal systems are malfunctioning. A resolution of
these area-wide problems may necessitate detailed planning and a municipally
sponsored revision to that area's Act 537 Official Sewage Facilities
Plan. When a DEP authorized Sewage Facilities Plan revision has been
undertaken by the municipality, mandatory repair or replacement of
individual malfunctioning on-lot sewage disposal systems within the
study area may be delayed, at the discretion of the municipality,
pending the outcome of the Plan revision process. However, the municipality
may compel immediate corrective action whenever a malfunction, as
determined by municipal officials and/or DEP, represents a serious
public health or environmental threat.
[Ord. 2013-02, 7/1/2013, § VII]
1.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other non-domestic oil.
C.
Toxic or hazardous substances or chemicals including, but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.
Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
2.
Owner(s) shall ensure that their on-lot sewage disposal system treatment tank does not contain any of the substances listed above under Subsection 1. If any of those substances are being put into their treatment tank, the owner(s) must contact the municipality's certified SEO and the pumper/hauler to inform them of such.
[Ord. 2013-02, 7/1/2013, § VIII]
1.
Any person owning a building served by an on-lot sewage disposal
system shall have the septic tank pumped by a qualified pumper/hauler
within three years of the effective date of this Part. Thereafter,
that person shall have the tank pumped at least once every three years.
2.
An option will be provided to allow the property owner to request
a waiver from pumping every three years if, because of tank size,
household size, or seasonal use, it is determined by the municipality's
certified SEO that such pumping is not needed. In such cases, a waiver
from pumping may be granted, at the discretion of the municipality's
certified SEO, when an inspection of the tank by the municipal SEO
reveals that the solids are less than one-third the liquid depth of
the tank.
3.
The required pumping frequency may be increased, at the discretion
of the municipality's certified SEO or authorized agent, if the septic
tank is undersized, if solids buildup in the tank is above average,
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.
4.
If any person can prove that their system's tank(s) has been pumped
within three years of the effective date of this Part, then the municipality
may delay that person's initial required pumping to conform with the
general pumping frequency requirement.
5.
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 Part including, but not limited to, individual
residential spray irrigation systems (IRSIS), alternate systems, or
experimental systems shall be further subject to the maintenance responsibilities
required by DEP for said system. These responsibilities shall, at
the discretion of the municipality, be memorialized in individual
operation and maintenance agreements or other similar acceptable arrangements
for each such use, to which both the municipality and the property
owner shall be party. The municipality may impose additional requirements
as deemed necessary including, but not limited to, collection of an
annual fee and additional financial security.
6.
Any person owning a building in Spring Township served by a cesspool
or dry well, which cesspool or dry well is still being utilized for
sewage disposal, will be considered as an absorption area provided
the following conditions are met:
A.
The cesspool or dry well is functioning properly and does not have
a regulatory malfunction as defined by DEP in the Pennsylvania Code.
B.
A DEP-approved septic tank appropriately sized for the building it
will serve is installed between the building and the cesspool or dry
well.
A permit to install a septic tank as outlined above must be
secured from the municipality's certified SEO prior to such installation.
For a system consisting of a cesspool or dry well preceded by an approved
septic tank, only the septic tank must be pumped at the prescribed
interval.
7.
The municipality may require additional maintenance activity as needed
including, but not necessarily limited to, cleaning and unclogging
of piping, servicing and the repair of mechanical equipment, leveling
of distribution boxes, tanks and lines, removal of obstructing roots
or trees, the diversion of surface water away from the disposal area,
etc.
8.
Any and all steel septic tanks found within Spring Township shall
be removed and replaced with a DEP-approved septic tank of the appropriate
size, as determined by the municipality's certified SEO, for the building
it well serves.
9.
Each time a septic tank or other subsurface waste disposal tank is
pumped out, the municipality, its authorized agent, or a private septage
pumper/hauler, whichever provides the service, shall provide to the
owner of the on-lot sewage disposal system a signed pumper's report/receipt
containing, at minimum, the following information:
10.
Upon completion of each required pumping, the pumper/hauler shall
fill out and submit a pumper's septage manifest, copies of which shall
be provided by the municipality or its authorized agent to all pumpers/haulers
operating within Spring Township. The pumper/hauler shall provide
one copy of the pumper's septage manifest to the owner and one copy
to the municipality or its authorized agent. Copies must be received
by the municipality or its authorized agent within 30 days of the
date of pumping.
[Ord. 2013-02, 7/1/2013, § IX]
1.
No person shall operate and maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment system or tank. No on-lot sewage disposal system shall
discharge untreated or partially treated sewage to the surface of
the ground or into the waters of the Commonwealth unless a permit
to discharge has been obtained from DEP.
2.
The municipality or its authorized agent shall issue a written notice
of violation to any person who is the owner of a property in the municipality
which is found to be served by a malfunctioning on-lot sewage disposal
system or which is discharging raw or partially treated sewage.
3.
Within seven days of initial notification by the municipality or
its authorized agent that a malfunction has been identified, the property
owner shall make application with the municipality's certified SEO
for a permit to repair or replace the malfunctioning system or system
component. Within 30 days of initial notification by the municipality
or its authorized agent, construction of the permitted repair or replacement
shall commence. Within 60 days of the initial notification by the
municipality or its authorized agent, the construction shall be completed
and approved unless seasonal or unique conditions mandate a longer
period, in which case the municipality or its authorized agent shall
set an extended completion date.
4.
The municipality's certified SEO shall have the authority to require
the repair 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 treatment
tank, expanding the existing disposal area, replacing the existing
disposal area, replacing a gravity distribution system with a pressurized
system or other alternatives as appropriate for the specified site.
5.
In lieu of, or in combination with, the remedies described in Subsection 4 above, the municipality's certified SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served by an on-lot sewage disposal system. 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 and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
6.
In the event that the rehabilitation measures in Subsections 1 through 5 above are not feasible or do not prove effective, the municipality may require the owner to apply to DEP for a permit to install an approved single residence treatment and discharge system that is capable of being instituted on site. Upon receipt of said permit, the owner shall complete construction of the system within 60 days.
7.
Should none of the remedies described above prove 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 municipality may require whatever action is necessary
to lessen or mitigate the malfunction to the extent that it feels
necessary.
[Ord. 2013-02, 7/1/2013, § X]
The municipality, upon written notice from the municipality's
certified SEO that an imminent health hazard exists due to failure
of a property owner to maintain, repair or replace an on-lot sewage
disposal system as provided under the terms of this Part, shall have
the authority to perform or contract to have performed, the work required
by the certified SEO. The owner shall be charged for the work performed
and, if necessary, a lien shall be entered, therefore, in accordance
with law. Liens may also be levied when any owner(s) fail to remit
penalty costs.
[Ord. 2013-02, 7/1/2013, § XI]
1.
All septage originating within the municipality shall be disposed
of at sites or facilities approved by DEP. Approved sites or facilities
shall include the following: septage treatment facilities, wastewater
treatment plants, composting sites, and approved farm lands.
2.
All septage pumpers/haulers operating within the municipality shall
be licensed by DEP. Pumpers/haulers shall comply with all reporting
requirements established by the municipality.
3.
All septage pumpers/haulers operating within the municipality shall
operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003).
Any septage pumper/hauler who violates any of the provisions of this
Part or regulations of the municipality, the conditions of its State
permit, or any State or local law governing its operation shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $5,000
and costs and, in default of the payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. If any pumper/hauler
shall have been convicted on two occasions of any violation of this
Part, or for violating the conditions of its State permit, or of any
State or local law governing its operation, the municipality shall
have the power to suspend said pumper/hauler front operating within
the municipality for a period of not less than six months or more
than two years for each violation, as determined by the municipality.
Each day the violation continues shall constitute a separate offense.
[Ord. 2013-02, 7/1/2013, § XII]
1.
The municipality shall fully utilize those powers it possesses through
enabling statutes and ordinances to affect the purposes of this Part.
2.
The municipality shall employ qualified individuals to carry out
the provisions of this Part. Those employees shall include a certified
SEO and may include a building code official, secretary, administrator
and other persons as required. The municipality may also contract
with qualified persons or firms, as necessary, to carry out the provisions
of this Part.
3.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems in the municipality shall become the
property of the municipality, Existing and future records shall be
available for public inspection as per Spring Township's Open Records
Policy. All records pertaining to sewage permits, building permits,
occupancy permits and all other aspects of the municipality's sewage
management program shall be made available, upon request, for inspection
by representatives of DEP.
4.
The municipality shall establish a fee schedule to cover the cost
of administering this program. Fees shall be collected by the municipality
or its authorized agent.
5.
Owner(s) shall be notified in writing by the municipality of the
need to arrange for an inspection of their on-lot sewage disposal
system and/or the need to pump their septic tank(s). Notices shall
be sent to the owner(s) of record by First Class Mail.
6.
Upon receipt of notification, the owner(s) shall have 30 days to
pay the fees, as established by municipal resolution, to the municipality
or its authorized agent. Upon receipt of the fee for an inspection,
the municipality or its authorized agent will contact the owner(s)
to schedule the required inspection.
7.
A list of DEP-registered/licensed pampers/haulers shall be kept at
the municipal building and will be provided to owner(s) at their request.
8.
The municipality shall establish all administrative procedures necessary
to properly carry out the provisions of this Part.
[Ord. 2013-02, 7/1/2013, § XIII]
1.
Appeals front decisions of the municipality or its authorized agents
under this Part shall be made to the Board of Supervisors in writing
within 30 days from the date of the decision in question.
2.
The appellant shall be entitled to a hearing before the Spring Township
Board of Supervisors at its next regularly scheduled meeting, if the
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 subsequent meeting. The
municipality shall thereafter affirm, modify, or reverse the aforesaid
decision. The hearing may be postponed for a good cause shown by the
appellant or the municipality. Additional evidence may be introduced
at the hearing provided that it is submitted with the written notice
of appeal.
3.
A decision shall be rendered in writing within 30 days of the date
of the hearing. If a decision is not rendered within 30 days, the
relief sought by the appellant shall be deemed granted.
[Ord. 2013-02, 7/1/2013, § XIV]
Any person failing to comply with any provision of this Part
shall be subject to a fine of not less than $500 and costs, and not
more than $5,000 and costs, or in default thereof shall be confined
in the county jail for a period of not more than 30 days for each
offense. Each day of noncompliance shall constitute a separate offense.
