[Ord. 790, 1/21/2002]
1.
The purpose of this Part is to establish procedures for the design,
installation, use and maintenance of community on-lot sewage disposal
systems (COLDS) for the collection, treatment and disposal of sewage.
It is hereby declared that the enactment of this Part is necessary
for the protection, benefit, and preservation of the health, safety,
and welfare of the inhabitants of this Township.
2.
This Part is intended to provide a method of sewage treatment and
disposal under circumstances where the Township does not have the
capability to convey, treat, and/or dispose of sewage via a Township
or Township authorized agency's publicly held conveyance, treatment,
and/or disposal system, and where the construction, use, and maintenance
that are or may be associated with individual sewage disposal systems
pose or may present potential health risks.
[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:
University Area Joint Authority (UAJA).
The Board of Supervisors of Ferguson Township.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
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.
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 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.
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.
Any individual, partnership, company, association, corporation
or other group or entity.
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.
The Ferguson Township Sewage Enforcement Officer.
Ferguson Township, Centre County, Pennsylvania.
[Ord. 790, 1/21/2002]
1.
The Board hereby authorizes and empowers the Authority to oversee
within the Township the design, installation, operation and maintenance
of COLDS. Permits for COLDS shall be issued by the SEO.
2.
The Board hereby authorizes and empowers the Authority, as its acting
agent to enter into or acquire escrow agreements, construction and
performance bonds, and engineering services to ensure COLDS and related
collection systems are designed, constructed, and operated and maintained
in accordance with any applicable rules and regulations of the Board.
3.
The Board authorizes and empowers the Authority to take ownership,
operation and maintenance of all operating COLDS within the Township
following the issuance of a permit by the SEO.
4.
The Board hereby authorizes and empowers the Authority to oversee,
operate, maintain, improve, and/or discontinue any COLDS within Ferguson
Township.
[Ord. 790, 1/21/2002]
1.
COLDS can only be used in locations outside of the Centre Region
Act 537 Sewage Facility Plan's existing and five-year sewer service
area.
2.
All COLDS must be designed and constructed in accordance with the
specifications of the Authority.
3.
The Authority is hereby authorized and empowered to adopt such rules
and regulations concerning COLDS which it may deem necessary from
time to time to effect the purposes herein. Any regulations proposed
by the Authority shall be provided to Ferguson Township for review
and comment.
4.
All such policies, regulations and specifications of the Authority
shall be in conformance with the provisions herein, all other ordinances
of the Township and all applicable laws, rules and regulations of
the Commonwealth of Pennsylvania.
5.
All COLDS must have two absorption areas, designed according to site
characteristics, each with a capacity sufficient to serve all equivalent
dwelling units which can be connected to the system.
6.
COLDS must be designed to include an inspection portal which may
be used by the Authority to monitor the depth of solids in the tank.
In addition, each COLD system shall contain a riser which can be used
for pumping purposes.
7.
The Authority shall be responsible for the maintenance of all COLDS
within Ferguson Township approved after the enactment of this Part.
[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]
1.
Any person who is the owner of any existing or proposed COLDS serving
as means of sewage disposal within the Township is subject to all
requirements of this part.
2.
The developer proposing a COLDS shall be responsible for obtaining
all required permits from the Township, DEP, and any other agencies
requiring permits for such an installation. The owner of any proposed
COLDS shall be responsible for its construction and start up in accordance
with the requirements of this Part.
[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.
