[Ord. 2004-06, 10/25/2004, § 1]
This Part shall be known and may be cited as the "Penn Township
On-Lot and Community Sewage System Ordinance."
[Ord. 2004-06, 10/25/2004, § 2]
1.
The Board of Supervisors recognizes that individual on-lot sewage
disposal systems constitute a valid and approved manner of conserving
the quality of the water and other natural resources of the Township
through proper treatment of wastes generated by development within
the Township. The use of OLDS must be regulated in accordance with
the regulations promulgated by the Department of Environmental Protection
which pertain to the location and permitted types of OLDS. In addition,
the Township has determined that should an OLDS fail, the water quality
and other natural resources of the Township may be polluted. It is
especially of concern to the Board that such pollution may occur when
an OLDS fails and there is no suitable area on the lot for the installation
of a replacement system. Therefore, in order to protect the water
quality and other natural resources of the Township, thereby protecting
the health and welfare of residents and visitors, the Board desires
to require that all landowners provide and set aside areas for the
installation of replacement OLDS.
2.
It is the further intent of the Board to insure that OLDS are properly
maintained. Failure to maintain an OLDS results in malfunctions which
in turn results in the pollution of the water quality and other natural
resources of the Township. OLDS must be pumped out on a regular basis,
and it is the responsibility of all landowners to insure such maintenance
is performed.
3.
The Board also desires to provide for the proper maintenance of the
community systems which have been installed in the Township. Proper
maintenance of community sewage systems is essential to preserve and
protect the health and welfare of Township residents and to preserve
and protect the environment.
[Ord. 2004-06, 10/25/2004, § 3]
A certain document, three copies of which have been and are
presently on file in the office of the Secretary of the Township of
Penn, being marked and designated as Chapters 71, 72, and 73 of Title
25 of the Pennsylvania Code, being promulgated by the DEP, be and
are hereby adopted as the sewage permit application and installation
procedure of the Township and each and all of the regulations contained
in the said chapters are hereby adopted by the Township except as
modified by this Part. It is the intent of the Board to adopt all
subsequent amendments and revisions to the said chapters as permitted
by law and in accordance with the provisions of 1 Pa.C.S. § 1937(a).
If such an intent is found invalid by a court of competent jurisdiction,
it is the intent of the Board to adopt the said chapters as they existed
on the effective date of this Part.
[Ord. 2004-06, 10/25/2004, § 4]
1.
Word Usage. In the interpretation of this Part, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
2.
ACT
BOARD
CLEAN STREAMS LAW
COMMUNITY SEWAGE SYSTEM
DEP
DEVELOPER
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LCPC
LCSWMA
LOT
MALFUNCTION
MANIFEST
MPC
NONSTANDARD SYSTEM
OFFICIAL PLAN
OLDS
PERMIT, INSTALLATION
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PLANNING COMMISSION
PUBLIC SEWER SERVICE PROVIDER
REPLACEMENT LOCATION
SEO
SEPTAGE HAULER
SEWAGE
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
TOWNSHIP
Definitions. All words and phrases not otherwise defined herein shall
have the meaning provided in § 2 of the Act, 35 P.S. § 750.2,
§ 71.1 of the DEP Regulations, 25 Pa.Code § 71.1,
or § 73.1 of the DEP Regulations, 25 Pa.Code § 73.1,
or the MPC, 53 P.S. § 10101 et seq.:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The Board of Supervisors of the Township.
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35
P.S. § 691.1 et seq.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more of the lots or at any other site
and which shall comply with all applicable DEP regulations. Notwithstanding
the foregoing, the sewage collection, transmission and treatment systems
of the public sewer service providers shall not be considered community
sewage systems for the purposes of this Part.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person who files a planning module for land development with the Township; or who files an application for approval of a subdivision or land development plan proposing the subdivision or development of land within the Township; or who makes application for a permit; or who makes an application for a zoning permit under the Township Zoning Ordinance [Chapter 27]; or who installs, repairs, modifies, or alters an OLDS or community sewage system serving properties within this Township other than a governmental entity.
Any system of piping, tanks, or other facilities serving
on a single lot and collecting and disposing of sewage in whole or
in part into the soil and any waters of the Commonwealth of Pennsylvania
and which is located upon the lot which it serves. The term also includes
an OLDS which meets the definition of a nonstandard system.
A land development as defined in the MPC.
The Lancaster County Planning Commission.
The Lancaster County Solid Waste Management Authority.
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term lot shall include parcels equal to or greater than 10 acres
in size where the lot may be occupied by one or more persons or families.
The condition which occurs when an OLDS or community sewage
disposal discharges sewage onto the surface of the ground, into ground
waters of the Commonwealth, into surface waters of the Commonwealth,
backs up into the building connected to the OLDS or community sewage
disposal system or otherwise causes a nuisance hazard to the public
health or pollution of ground or surface water or contamination of
public or private drinking water wells. An OLDS or community sewage
disposal system shall be considered to be malfunctioning if any of
the conditions set forth in this Subsection occur for any length of
time during any period of the year.
A written report made to the Township by a septage hauler
providing service to an OLDS within the Township which at a minimum
contains the name and address of the septage hauler, the name of the
property owner, the address of the property upon which the OLDS is
located, and all other information required in § 18-115.1.B(13)
of this Part.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
An OLDS which has any equipment which is not commonly found
on OLDS within Lancaster County or an OLDS which has been modified
to address groundwater contamination or other environmental issues
or any OLDS which requires additional approvals from the DEP or a
modification or amendment to the Township's official plan.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the DEP in
accordance with the Act and with applicable DEP regulations.
An individual on-lot sewage disposal system.
A permit issued by the SEO after the performance of tests
to determine suitability to authorize the initial installation of
an OLDS or the repair, replacement or enlargement of an existing OLDS.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, 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 the 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 of any public or private corporation,
whether for profit or not-for-profit.
A revision to the Township official plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with DEP regulations.
The Township Planning Commission.
Northwestern Lancaster County Authority or any other political
subdivision or municipal authority which provides or may in the future
provide public sewer service within the Township.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all DEP regulations
and all applicable Township ordinances for an OLDS.
The Sewage Enforcement Officer of the Township.
Any person licensed by the LCSWMA, DEP, or other governmental
agency to remove septage or other solids from treatment tanks of OLDS
or community sewage disposal systems, holding tanks, privies, aerobic
tanks, cesspools, or any other sewage disposal facility within the
Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health or to animals or aquatic life or to the use of
water for domestic water supply or for recreation or which constitutes
pollution under the Clean Streams Law, 35 P.S. § 750.1 et
seq.
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 MPC, 53 P.S. § 10101
et seq.
The Township of Penn, Lancaster County, Pennsylvania.
[Ord. 2004-06, 10/25/2004, § 5]
1.
In order to insure compliance with the official plan, all persons
who request approval of planning modules for land development or who
request the review of subdivision plans, and land development plans
providing for sewage disposal proposing sewage disposal by means of
OLDS or community sewage systems shall submit the following information
to the Township for review in accordance with the following requirements:
B.
It is the responsibility of the developer to submit the information
to all other reviewing agencies, including but not limited to the
LCPC, in accordance with DEP regulations. It is the responsibility
of the developer to pay for the publication of any legal advertisement
which may be required by DEP regulations. Failure of the developer
to pay the costs of legal advertisement within 15 days after receipt
of a copy of the newspaper's invoice shall render the submission
incomplete.
C.
The developer shall submit a written report detailing the planning
and decision making steps used in the selection of the method of sewage
disposal.
[Ord. 2004-06, 10/25/2004, § 6]
1.
The Township shall grant no requests for approvals of planning modules
for land development and no revisions or supplements to the official
plan unless the applicant presents to the Board evidence that each
lot or lot to be created contains a suitable location for the installation
of an initial OLDS except when such lots or lots to be created are
to be served by a community sewage system. All tests required by the
DEP and this Part for the location of an OLDS to confirm the suitability
of the location shall be performed as approved by DEP.
2.
All planning modules for land development except planning modules
for land development which propose sewer service by means of a public
sewer service provider sewer system shall be accompanied by hydrogeologic
tests performed in accordance with all applicable DEP regulations.
The Township shall not approve any planning module for land development
which does not contain hydrogeologic studies which demonstrate that
the proposed sewage disposal facilities will not adversely affect
the groundwater or that measures will be utilized, such as dispersion
plume easements, which will address the impacts of the proposed sewage
disposal facilities.
3.
Well test results submitted with planning modules will be compared
with the official plan well test data. If the results vary from the
official plan well test data, the Township may require additional
testing to verify any discrepancies.
[Ord. 2004-06, 10/25/2004, § 7]
A replacement location for an OLDS shall be required for all
lots or lots to be created which are not serviced or to be serviced
by a community sewage system operated by a public sewer service provider.
The replacement location shall comply with the Act and with all DEP
regulations as incorporated into this Part concerning OLDS, including
isolation distances, and with the terms of this Part and any other
applicable Township ordinances.
[Ord. 2004-06, 10/25/2004, § 8]
1.
Each person who shall apply for a permit under the Township Zoning Ordinance [Chapter 27] or for a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS) or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the official plan or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate to the satisfaction of the SEO that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. All tests DEP or this Part requires for the location of an OLDS to confirm the suitability of the replacement location shall be performed as approved by DEP. Allowance of open land for the replacement location without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section.
2.
The developer shall identify the location of the initial OLDS and
the replacement location as confirmed by the SEO on the plot plans
and diagrams submitted as a part of the subdivision or land development
plan and as part of the permit application.
3.
If the application has been submitted as a part of an application
for approval or review of a planning module for land development,
the developer shall identify the location of each OLDS and each replacement
location upon the plans. If the application is for subdivision or
land development approval, the developer shall include a note on the
plans stating that no improvements shall be constructed upon the replacement
location, and the deed to each lot created as a part of the subdivision
or land development shall contain language reflecting this limitation.
4.
Any revisions to a permit affecting a replacement location which
previously has been issued pursuant to the provisions of this Part
shall be approved by the Board or its authorized representative. Any
revisions to a subdivision or land development plan affecting a replacement
location which has been previously approved pursuant to the provisions
of this Part shall be approved by the entity with power to approve
subdivision and land development plans in the Township.
[Ord. 2004-06, 10/25/2004, § 9]
No person shall construct or install any permanent or temporary
improvements of any character other than the planting of trees, shrubs,
or other plant matter upon the replacement location unless the person
who desires to construct such improvements shall demonstrate to the
satisfaction of the SEC, that an alternate replacement location which
complies with all applicable DEP regulations, this Part and all other
applicable Township ordinances exists upon the lot. If such an alternate
replacement location shall be identified, the alternate replacement
location may be considered to be the replacement location required
by this Part and shall be designated as the replacement location.
The newly designated replacement location shall thereafter be considered
the replacement location for the purposes of this Part.
[Ord. 2004-06, 10/25/2004, § 10]
If any lot held in single and separate ownership on March 1, 1992, shall not contain land suitable for a replacement location, the applicant for a permit under the Township Zoning Ordinance [Chapter 27] or an installation permit for an OLDS may request that the Board of Supervisors grant an exception to the requirement of providing a replacement location. Applicants for relief under this section shall submit a written application setting forth the information required by this section and shall include the application fee established by resolution or ordinance of the Board of Supervisors. The applicant for such an exception shall present credible evidence to the Board demonstrating (A) that the lot was held in single and separate ownership on March 1, 1992 and continuously thereafter; (B) the size of the lot; (C) inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and (D) the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this Part.
[Ord. 2004-06, 10/25/2004, § 11]
The landowner and any contractor performing work upon an OLDS shall obtain an installation permit from the SEO in accordance with the Act, DEP regulations, and this Part prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The SEO shall not issue an installation permit for an OLDS until a suitable replacement location has been established or until the applicant presents the SEO with a written determination by the Board granting relief from the designation of a replacement location in accordance with § 18-210 of this Part or unless such permit is requested to repair a malfunction of an existing OLDS.
[Ord. 2004-06, 10/25/2004, § 12]
1.
All persons who desire to install, repair, modify or alter an OLDS
in the Township shall obtain an installation permit from the SEO prior
to the commencement of such work. All work performed under any installation
permit shall comply with the following regulations:
A.
The holder of the installation permit and the contractor performing
work under such installation permit shall notify the SEO at least
three working days before commencing installation, repair, modification
or alteration of the OLDS in order that one or more inspections in
addition to the final inspection required by the DEP may be scheduled
and performed by the SEO.
B.
Any installation permit providing for the installation or repair
of a septic tank shall require that the septic tank contain septic
solid retainers of the type as specified by DEP regulations.
C.
If construction or installation of the OLDS and of any building or
structure for which such OLDS is to be installed has not commenced
within three years after the issuance of the installation permit for
such OLDS, the permit shall expire. The landowner and/or contractor
shall obtain a new installation permit prior to commencement of the
installation, repair, modification, replacement or alteration of the
OLDS.
[Ord. 2004-06, 10/25/2004, § 13]
1.
All persons who desire to install a nonstandard OLDS, in addition to all requirements of §§ 18-211 and 18-212 of this Part, shall meet all of the following requirements:
A.
The record owner of the lot on which such system is to be installed
and, if different, the applicant, shall enter into an agreement with
the Township, in recordable form, providing for the long-term maintenance
of the system which grants the Township the right to enter upon the
property; to inspect such system not less than once each year and,
in addition, whenever the Township receives a complaint or otherwise
has reason to believe that such system is not functioning properly;
to maintain such system if the landowner fails to do so; and to recover
the cost of any maintenance performed plus a penalty from the landowner.
The agreement shall specifically authorize the Township to file a
municipal claim against the property to recover costs and fees and
shall specifically state that its provisions are binding upon the
landowner executing the agreement and upon all successive owners of
the property until the system is removed and the property is connected
to a public sewer service provider sewer system.
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the system and payment of costs of
annual inspection of such system. The amount of the financial security
shall be based upon the estimated cost to maintain the particular
nonstandard system chosen by the applicant. The financial security
shall be posted through an irrevocable letter of credit in a form
acceptable to the Township Solicitor or in a cash escrow which the
Township shall maintain in a non-interest bearing account. The Township
shall not release such financial security until the Township is provided
with alternate financial security or until the system is removed and
the property is connected to a public sewer system owned and operated
by a governmental entity.
C.
The applicant shall demonstrate to the Township that the proposed
nonstandard system meets all applicable DEP regulations and that the
applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete set of as-built
plans for the nonstandard system after its installation.
E.
The applicant shall reimburse the Township for all costs incurred
in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with the yearly inspection
of the nonstandard system.
[Ord. 2004-06, 10/25/2004, § 14]
1.
All landowners, developers and contractors who desire to install
a community sewage system shall meet all of the following requirements:
A.
The record owner of the lot on which the community sewage system
is to be installed and, if different, the applicant, shall enter into
an agreement with the Township, in recordable form, providing for
the long-term maintenance of the community sewage system which grants
the Township the right to enter upon the property; to inspect such
community sewage system not less than once each year and, in addition,
whenever the Township receives a complaint or otherwise has reason
to believe that such community sewage system is not functioning properly;
to maintain such community sewage system if the owner fails to do
so; and to recover the cost of any maintenance performed plus a penalty
from the owner. The agreement shall specifically authorize the Township
to file a municipal claim against the property served by the community
sewage system to recover costs and fees and shall specifically state
that its provisions are binding upon the landowner executing the agreement
and upon all successive owners of the property and any lots which
are served by the community sewage system until the community sewage
system is removed and the property is connected to a public sewer
service provider system or until a public sewer service provider assumes
ownership and maintenance responsibility for the community sewage
system.
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the community sewage system and payment
of costs of annual inspection of such system. The amount of the financial
security shall be based upon the estimated cost to maintain the particular
community sewage system chosen by the applicant. The financial security
shall be posted through an irrevocable letter of credit in a form
acceptable to the Township Solicitor or in a cash escrow which the
Township shall maintain in a non-interest bearing account. The Township
shall not release such financial security until the Township is provided
with alternate financial security or until the community sewage system
is removed and the property is connected to a public sewer service
provider system or until a public sewer service provider assumes ownership
and maintenance responsibility for the community sewage system.
C.
The applicant shall demonstrate to the Township that the proposed
community sewage system meets all applicable DEP regulations and that
the applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete set of as-built
plans for the community sewage system after its installation.
E.
The applicant shall reimburse the Township for all costs incurred
in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with the yearly inspection
of the community sewage system.
[Ord. 2004-06, 10/25/2004, § 15]
1.
All persons who own a lot upon which an OLDS is installed and all
persons who occupy a lot on which an OLDS is installed shall properly
use and maintain such OLDS. Proper maintenance of an OLDS shall include,
at a minimum:
A.
Retention of a septage hauler to inspect the OLDS and to remove septage
from the tank of the OLDS at least once during each period of three
calendar years or whenever an inspection reveals that the treatment
tank is filled with solids in excess of 1/3 the liquid depth of the
tank or with scum in excess of 1/3 the liquid depth of the tank, whichever
shall require the more frequent removal. It is the responsibility
of the property owner to insure that the OLDS is inspection and septage
is removed from the tank of the OLDS in accordance with the requirements
of this section. No person other than a septage hauler shall be permitted
to remove septage from the tank of an OLDS or to otherwise dispose
of any septage or any other substance within an OLDS.
(1)
After the effective date of this Part, October 30, 2004, the
Township shall be divided into three sections. All property owners
shall be notified by the Township of the section to which the property
is assigned.
(2)
Any OLDS installed upon a property which is located within Section 1 shall be inspected and shall have septage removed from the tank of the OLDS within 12 months from the effective date of this Part, October 30, 2004. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS has been inspected and has had septage removed from its tank within the twenty-four-month period preceding the effective date of this Part, the OLDS will not have to have septage removed within 12 months from the effective date of this Part and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of Subsection 1A(1) herein.
(3)
Any OLDS installed upon a property which is located within Section 2 shall have septage removed from the tank of the OLDS within 24 months from the effective date of this Part, October 30, 2004. Notwithstanding the foregoing, if a property owner can provide proof to the Township that such OLDS has been inspected and has had septage removed from its tank within the twelve-month period preceding the effective date of this Part, the OLDS will not have to have septage removed within 24 months from the effective date of this Part and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of Subsection 1A(1) herein.
(4)
Any OLDS installed upon a property which is located within Section
3 shall have septage removed from the tank of the OLDS within 36 months
from the effective date of this Part, October 30, 2004.
(5)
The date upon which any OLDS has been inspected and has had septage removed in accordance with Subsections 1A(2) through (4) herein shall be considered the date of initial maintenance. All OLDS shall be inspected and shall have septage removed in accordance with this section within three years from the date of initial maintenance. The OLDS shall continue to be inspected and have septage removed from the tank within three years from the date of the last removal of the septage as long as the OLDS continues to be used for sewage disposal.
(6)
For OLDS installed after the effective date of the Part, the
OLDS must be inspected and must have septage removed within three
years from the date of final inspection of the OLDS or, in the case
of new construction, if the property will not be occupied within one
month from the date of final inspection of the OLDS, within three
years from the date of the issuance of the certificate of use and
occupancy by the Zoning Officer. The OLDS shall continue to be inspected
and have septage removed from the tank within three years from the
date of the last removal of the septage as long as the OLDS continues
to be used for sewage disposal.
B.
Inspection of the OLDS each time the OLDS is maintained, each time
that a malfunction of the OLDS is reported to the Township, and as
may otherwise be necessary to insure proper function on the OLDS.
The person performing the inspection shall complete a manifest and
shall provide a copy of the manifest to the Township and to the owner
of the property on which the OLDS is located. Each inspection manifest
shall include all of the following information:
(1)
Name and address of owner of property on which OLDS is located.
(2)
Address of property where OLDS is located if different from
address of property owner.
(3)
Identity of person performing inspection including, if applicable,
Sewage Enforcement Officer certification number.
(4)
Date of inspection and/or maintenance.
(5)
Date of prior inspection and/or maintenance (if known).
(6)
Description and diagram of the location of the treatment tank,
risers (if available), and access hatches, pump tanks, filters, and
similar facilities with distances relative to two fixed landmarks.
(7)
Size of tank.
(8)
Age of OLDS (if known).
(9)
Presence and conditions of baffles in all tanks and all compartments.
(10)
If applicable, list of maintenance performed at time of inspection
including amount of septage, sludge or other material removed.
(11)
Statement of whether any malfunction was observed and, if so,
description of malfunction.
(12)
DEP permit number and site name for destination of septage removed,
if applicable.
(13)
Septage hauler truck operator name.
(14)
Signature of person performing inspection.
C.
Maintenance of surface contouring and other measures consistent with
DEP regulations to divert stormwater away from the treatment facilities
and absorption areas and to protect the absorption areas from physical
damage.
D.
Following any operation and maintenance recommendations of the manufacturer
of the OLDS. If the OLDS is a nonstandard system, additionally following
the operation and maintenance recommendations of the manufacturer
of the nonstandard equipment which is part of the OLDS.
E.
Discharging only domestic sanitary sewage into an OLDS. The following
types of waste shall not be discharged into an OLDS:
(1)
Industrial waste.
(2)
Automobile oil, other non-domestic oil, grease, nonbiodegradable
soaps, detergents and/or inert materials such as coffee grounds.
(3)
Toxic or hazardous substances or chemicals including, but not
limited to, pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and other solvents.
(4)
Clean surface or ground water, including water from roof or
cellar drains, springs, basement sump pumps, and french drains.
(5)
Vehicle wash water and other potentially contaminated or clean
run off or stormwater.
(6)
Disposable products such as diapers, tampons, and similar materials.
(7)
Beauty shop waste other than a single chair beauty shop in conjunction
with a residential use.
(8)
Abattoir or butcher shop waste.
[Ord. 2004-06, 10/25/2004, § 16]
1.
All persons who own a lot which is served by a community sewage system
shall properly use such community sewage system. The owner of the
community sewage system shall property maintain the community sewage
system. Proper maintenance of a community sewage system shall include
at a minimum:
A.
Inspection of the community sewage system by the SEO or by a DEP-certified
sewage enforcement officer on a bimonthly basis. If the inspection
is performed by a sewage enforcement officer other than the SEO, the
property owner shall submit the inspection report prepared and signed
by the sewage enforcement officer to the Township within one month
after the date of inspection of the community sewage system. All laboratory
analyses required to be submitted by the DEP or DEP regulations shall
also be submitted simultaneously to the Township to be reviewed as
appropriate by the SEO or his designee.
B.
Removal of septage or sludge in accordance with DEP regulations and
manufacturer specifications.
C.
Maintenance of surface contouring and other measures consistent with
DEP regulations to divert storm water away from the treatment facilities
and absorption areas and to protect the absorption areas from physical
damage.
D.
Following any operation and maintenance recommendations of the manufacturer
of the community sewage system.
E.
Requiring that all users of the community sewage system discharge
only domestic sanitary sewage into the community sewage system. The
owner of the community sewage system shall inform all users of the
community sewage system that the types of waste described in § 18-215.E
of this Part shall not be permitted to be discharged.
[Ord. 2004-06, 10/25/2004, § 17]
1.
Each septage hauler who performs maintenance upon an OLDS within
the Township, including, but not limited to, pumping out the OLDS,
shall insure that after maintenance of an OLDS the septage hauler
files a manifest with the Township for each OLDS serviced within the
Township and provides the owner of the property on which the OLDS
is located with a copy of the manifest.
2.
The owner of a lot on which an OLDS is located is responsible to
insure that the septage hauler files a copy of the manifest with the
Township after maintenance of the OLDS and, in the event the septage
hauler fails or refuses to do so, shall file a copy of the manifest
with the Township.
3.
Each person who performs maintenance upon a community sewage system
within the Township shall insure that after maintenance of the community
sewage system such person files a manifest with the Township for the
community sewage system serviced within the Township and provides
the owner of the community sewage system with a copy of the manifest.
[Ord. 2004-06, 10/25/2004, § 18]
Any person who transfers a lot containing an OLDS shall provide
the new owner with all records concerning the maintenance of the OLDS
and shall demonstrate compliance with this Part. Each person who transfers
a lot containing a Nonstandard System shall additionally provide the
new owner will all manuals and information provided by the manufacturer
of the nonstandard system.
[Ord. 2004-06, 10/25/2004, § 19]
Each septage hauler which desires to operate within the Township
shall register with the Township prior to commencing operations within
the Township. Each septage hauler shall register annually, and each
registration shall expire on the last business day of December of
a calendar year.
[Ord. 2004-06, 10/25/2004, § 20]
Any person who owns a lot upon which an OLDS or community sewage
system is installed, any person who occupies a lot upon which an OLDS
or community sewage system is installed, any person who owns a community
sewage system, and any septage hauler pumping out or otherwise maintaining
an OLDS or community sewage system shall report any malfunctioning
of such OLDS or community sewage system to the Township. Such report
shall be made as soon as possible but in no case later than three
days after discovery of the malfunction.
[Ord. 2004-06, 10/25/2004, § 21]
1.
In addition to all other duties of the SEO set forth in this Part,
the SEO shall have the power and duty to enforce the provisions of
this Part and to investigate any reports of malfunctioning OLDS and
community sewage system or evidence that an OLDS or community sewage
system may be malfunctioning which the SEO discovers. In performing
these duties the SEO shall have the following powers:
A.
To conduct routine inspections of properties upon which OLDS or community
sewage systems are installed as part of any administrative program
the Township institutes to insure compliance with this Part. Any inspections
shall be performed in accordance with all applicable statutes and
constitutional provisions and shall be at the cost of the owner of
the property on which the OLDS is located or the owner of the community
sewage system.
B.
To perform an inspection of an OLDS or community sewage system when
the owner of the OLDS or community sewage system fails to have such
OLDS or community sewage system maintained and/or fails to submit
or insure that a septage hauler submits a manifest after such inspection
and maintenance.
C.
To make reports as requested by the Board regarding maintenance of
OLDS and community sewage systems in the Township and to suggest actions
which may be taken by the Board to insure proper maintenance.
D.
To institute summary criminal proceedings to enforce this Part.
E.
To consult with the Township Engineer and the Township Solicitor,
as authorized by the Board, to assist in the enforcement of this Part.
[Ord. 2004-06, 10/25/2004, § 22]
1.
Each owner of a property on which an OLDS is located and each person
who owns a community sewage system shall bear all costs associated
with the operation, inspection, and maintenance of such OLDS or community
sewage system.
2.
The owner of each property on which an OLDS is located and the owner
of each community sewage system shall reimburse the Township for all
costs associated with inspections of such OLDS or community sewage
system the Township Sewage Enforcement Officer or any other agent
of the Township performs pursuant to this Part.
3.
The Board of Supervisors shall adopt fees for the issuance of permits
and conduct of inspections under this Part by resolution or ordinance.
[Ord. 2004-06, 10/25/2004, § 23; as amended by
Ord. 2012-02, 2/13/2012]
1.
It shall be a violation of this Part to commit or permit any other
person to commit any of the following acts:
A.
To install, repair, modify or alter an OLDS or a community sewage
system prior to obtaining a permit or in a manner which violates the
terms and conditions of any permit.
B.
To misuse or fail to maintain an OLDS or a community sewage system.
C.
To fail to report a malfunctioning OLDS or community sewage system.
D.
To fail to remedy a malfunctioning OLDS or community sewage system.
F.
To place false information on or omit relevant information from an
application for a permit.
G.
To occupy or permit the occupancy of any structure served by an OLDS
for which a valid permit has not been obtained as required by this
Part.
H.
To occupy or permit the occupancy of any structure served by a community
sewage system for which a valid permit has not been obtained as required
by this Part.
I.
To fail to comply with any other provision of this Part.
2.
It shall be a violation of this Part for any septage hauler to commit
any of the following acts:
A.
To operate within the Township without having previously registered
with the Township.
B.
To perform maintenance of an OLDS or a community sewage system without
completing a manifest and providing a copy of the manifest to the
owner of the lot on which the OLDS is located or the owner of the
community sewage system and to the Township.
C.
To place any false statement on a manifest.
D.
To dispose of materials removed from an OLDS or community sewage
system in any manner which violates DEP or LCSWMA regulations or applicable
laws.
3.
Any person who violates or permits the violation of any provision
of this Part; or who shall use, maintain or alter an OLDS or community
sewage system in violation of any permit issued by the SEO; or who
shall fail to remedy or who shall negligently or improperly remedy
any health hazard; or who shall fail to completely implement a plan
to remedy a health hazard which has been reviewed and approved by
the SEO shall be liable, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay 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 or each section of this
Part which shall be found to have been violated shall constitute a
separate offense. All fines and penalties collected for violation
of this Part shall be paid over to the Township Treasurer.
[Ord. 2004-06, 10/25/2004, § 24]
In case any improvement is constructed or any lot maintained
in violation of this Part, or any OLDS or community sewage system
is installed, repaired, altered or modified prior to obtaining a permit
as required by this Part or in a manner which does not comply with
such permit, or any OLDS or community sewage system is not properly
maintained or the malfunction of any OLDS or community sewage system
is not reported to the Township, in addition to the other remedies
provided by law, the Township may commence any appropriate action
or proceedings in equity to prevent such unlawful construction of
improvements or such unlawful maintenance of such lot or the continued
use of such OLDS or community sewage system.
[Ord. 2004-06, 10/25/2004, § 25]
1.
The following activities are hereby declared to be nuisances:
A.
Construction of Improvements on the Replacement Location. Such construction
renders the replacement location useless and therefore jeopardizes
the water quality and other natural resources of the Township. This
harm to the water quality and other natural resources of the Township
is a danger to the health, safety and welfare of the residents of
the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code, 53 P.S. § 45101 et seq.
B.
Installation, alteration or modification of an OLDS or community
sewage system without having obtained a permit as required by this
Part and the regulations of the Department, or, if a permit was obtained,
in a manner which violates the terms of the permit.
C.
Failure to maintain an OLDS or community sewage system as required
by this Part.
2.
All of these actions result in pollution of the waters of the Commonwealth
and other natural resources of the Township and constitute a danger
to the health, safety and welfare of Township residents. The actual
expenses of the Township in the abatement of such nuisances plus a
penalty in the amount of 25% of such expenses shall be filed as a
municipal claim against the property.
[Ord. 2004-06, 10/25/2004, § 26]
Although this Part is intended to provide guidelines for the
installation and maintenance of OLDS and community sewage systems
and the identification and maintenance of a replacement location for
OLDS, nothing contained herein shall be interpreted as a guarantee
or warranty to applicants or other Township residents that systems
installed under the provisions of this Part will function as intended.
The Township assumes no responsibility for the location and/or maintenance
of OLDS or community sewage systems within the Township.
[Ord. 2004-06, 10/25/2004, § 27]
1.
Appeals from any action of the SEO under this Part shall be made
in writing to the Board of Supervisors within 15 days from the date
of the written determination of the SEO. All appeals shall be accompanied
by the appeal fee established by resolution or ordinance of the Board
of Supervisors.
A.
The written appeal shall specify the precise action from which the
appeal is taken and shall set forth in concise terms the reason for
the appeal and any legal authorities supporting the appeal period.
B.
If the appellant desires a hearing before the Board, the appellant
must request a hearing in the written appeal.
C.
If a hearing is requested in writing, the Board shall conduct the
hearing at a regular or special public meeting which occurs not less
than 14 days after receipt of the written appeal. The hearing shall
be conducted in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
D.
The Board shall render a decision on the appeal in accordance with
the provisions of the Local Agency Law.
[Ord. 2004-06, 10/25/2004, § 28]
Except as otherwise required by law, this Part is intended as
a continuation of, and not a repeal of, existing regulations governing
the subject matter. To the extent that this Part restates regulations
contained in ordinances previously enacted by the Board of Supervisors,
this Part shall be considered a restatement and not a repeal of such
regulations. It is the specific intent of the Board that all provisions
of this Part shall be considered in full force and effect as of the
date such regulations were initially enacted.
