[Ord. 790, 1/21/2002; as amended by Ord. 881, 1/15/2007,
§ 1]
1. As part of any subdivision or land development plan proposing the
use of a COLDS, compliance with these rules and regulations and the
policies, regulations, and specifications of the University Area Joint
Authority ("UAJA") shall be a condition of approval. All COLDS as
defined herein that are to be constructed shall list the official
permittee as the UAJA.
2. Developments located outside the Act 537 Sewage Facilities Plan Regional
Growth Boundary/Sewer Service Area that propose 15 or more EDUs (equivalent
dwelling units) shall utilize a community on-lot sewage disposal system
(COLDS) designed and maintained according to the standards of the
University Area Joint Authority (UAJA). For phased developments, this
requirement will apply to developments that reach a cumulative total
of 15 equivalent dwelling units.
3. Upon the issuance of a permit for a COLDS by the Township SEO, the
COLDS shall be dedicated by the developer to the Authority. No COLDS
shall be accepted for dedication except in accordance with these rules
and regulations and the specifications of the UAJA. COLDS are only
permitted in areas zoned RA (Rural Agricultural), RR (Rural Residential),
AR (Agricultural Research) and FG (Forest/Gamelands) that are located
outside of the Centre Region Act 537 Sewage Facility Plan's existing
and five-year sewer service areas.
[Ord. 790, 1/21/2002]
As used herein, the following terms shall have the meanings
herein described unless otherwise provided:
AUTHORITY
University Area Joint Authority (UAJA).
BOARD
The Board of Supervisors of Ferguson Township.
DEP
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
CAPITAL RESERVE FUND
An interest-bearing revolving fund, established for or by
the Authority with monies contributed by each COLDS developer/user,
for the purpose of financing major equipment and facility repair,
maintenance, and replacement or upgrade. A separate capital reserve
fund shall be established for each COLDS.
COMMUNITY ON-LOT SEWAGE DISPOSAL SYSTEM (COLDS)
Any sanitary sewage treatment and disposal system which treats
and disposes of sewage generated from two or more equivalent dwelling
units (EDU's) by utilizing a subsurface absorption bed or land
application. This definition specifically excludes any treatment or
disposal system that serves only one dwelling unit or one dwelling
unit with an absorption field located off property.
DESIGN STANDARDS
Design standards for COLDS as established by DEP (25 Pa.Code,
Chapter 73) as well as all relevant installation and locational standards
established by such regulations, and specifications for the design,
installation, and use of COLDS as set forth by the Authority.
IMPROVED PROPERTY
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage shall or may be discharged.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SANITARY SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and noxious or deleterious substances 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. This definition specifically excludes
wastewater of industrial origin.
SEO
The Ferguson Township Sewage Enforcement Officer.
TOWNSHIP
Ferguson Township, Centre County, Pennsylvania.
[Ord. 790, 1/21/2002]
The Authority shall have the right and power to fix, alter,
charge and collect rates, assessments and other charges at reasonable
and uniform rates as authorized by applicable law.
[Ord. 790, 1/21/2002]
The collection, treatment, and disposal of all sewage from any
improved property utilizing a COLDS shall be done solely by the Authority
or its authorized representative.
[Ord. 790, 1/21/2002]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof in a proceeding commenced
before a district justice pursuant to the Pennsylvania Rules of Criminal
Procedures, be sentenced to a fine of not less than $100 nor more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this Part continues shall constitute a separate offense.