[Ord. 105, 10/16/2000, § 1]
1.
This Part shall be known and may be cited as the "Sewage Management
Program Ordinance of East Coventry Township."
2.
In accordance with the Clean Streams Law and the Pennsylvania Sewage
Facilities Act, the Township has the power and duty to provide for
adequate sewage treatment facilities and for the protection of the
public health by prohibiting the discharge of untreated or inadequately
treated sewage. In particular, the rules and regulations promulgated
by PaDEP under the Pennsylvania Sewage Facilities Act and the Clean
Streams Law require the Township to assure proper operation and maintenance
of sewage facilities within its borders by the establishment of a
sewage management program and the official sewage facilities plan
of the Township states that it is necessary to formulate and implement
such sewage management program.
3.
The purpose of this Part is to establish and provide for such sewage
management program for individual on-lot sewage systems and community
on-lot sewage systems within the Township.
[Ord. 105, 10/16/2000, § 1]
1.
General.
A.
The captions used in this Part are for convenience only and shall
not control or affect the meaning or construction of any or the provisions
of this Part.
B.
Unless otherwise expressly stated, or where the context clearly indicates
otherwise, the words and phrases defined in this section shall be
construed throughout this Part to have the meanings indicated in this
section, whether such words and phrases appear in this Part with initial
capitalization, full capitalization or otherwise.
C.
Except as may be otherwise provided in this Part and/or if the context
clearly indicates otherwise, all words and phrases appearing in this
Part which are not defined in this section and which also appear in
the PaDEP rules and regulations at 25 Pa. Code, Chapters 71, 72 and/or
73, shall be construed throughout this Part to have the same meanings
as defined or used in the PaDEP rules and regulations at 25 Pa.Code,
Chapters 71, 72 and/or 73.
D.
The present tense of any word or phrase used in this Part includes
the future, the singular number includes the plural and the plural
the singular, and the masculine gender includes the feminine and neuter.
E.
Whenever appearing in this Part, the word "shall" is always mandatory;
the word "may" is always permissible; the words and phrases "person,"
"landowner," "lot owner" and "owner" include a corporation, unincorporated
association, partnership or other legal entity, as well as an individual;
the word "building" includes a structure and shall be construed as
if followed by the phrase "or part thereof"; and the words and phrases
"such as," "including," and the like are intended to introduce matters
which are illustrative of the meaning of the sentence, clause or phrase
in which such words or phrases appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such words or phrases appear.
F.
Unless specifically provided otherwise herein, any reference in this
Part to any other ordinance of the Township, to any federal or state
law or statute, to any regulation, study, map, survey, publication
or other matter issued or prepared by the Board of Supervisors or
any officer or official thereof, and/or by any federal or state public
body or any public officer or official thereof, shall include such
other ordinance, law, statute, regulation, study, map, survey, publication
or other matter, with all amendments and supplements thereto and any
new ordinance, law, statute, regulation, study, map, survey, publication
or other matter substituted for the same, as in force at the time
of application under this Part.
G.
Unless specifically provided otherwise herein, any reference in this
Part to any governmental agency, department, board, commission or
other public body, or to any public officer or other public official
shall include an entity or official which or who succeeds to substantially
the same functions as those performed by such public body or official
at the time of application under this Part.
2.
Specific Definitions.
A.
The following words and phrases, when used in this Part, shall have
the same meanings as defined in the PaDEP rules and regulations at
25 Pa.Code, Chapters 71, 72 and/or 73, unless the context clearly
indicates otherwise:
B.
AUTHORIZED AGENT
BOARD OF SUPERVISORS
CODE ENFORCEMENT OFFICER
HEALTH DEPARTMENT
HOLDING TANK ORDINANCE
LOCAL AGENCY LAW
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE SYSTEM
PADEP
PENNSYLVANIA SEWAGE FACILITIES ACT
SEWAGE ENFORCEMENT OFFICER OR LOCAL AGENCY SEWAGE ENFORCEMENT
OFFICER
THE CLEAN STREAMS LAW
TOWNSHIP
The following words and phrases, when used in this Part, shall have
the following meanings, unless the context clearly indicates otherwise:
The Code Enforcement Officer, the local agency sewage enforcement
officer, an employee of the Township, a professional engineer, a plumbing
inspector or any other qualified or licensed person who is authorized
to function within specified limits as an agent of the Township to
administer or enforce the provisions of this Part.
The Board of Supervisors of the Township.
The Code Enforcement Officer of the Township.
The Chester County Health Department.
A condition which occurs when an on-lot sewage system discharges
sewage onto the surface of the ground, into ground waters of the Commonwealth
of Pennsylvania, into surface waters of the Commonwealth, backs up
into a building connected to the system or in any manner causes a
nuisance or hazard to the public health or pollution of ground or
surface water or contamination of public or private drinking water
wells. A system shall be considered to be malfunctioning if any of
the foregoing conditions occurs for any length of time during any
period of the year.
The comprehensive plan, including all revisions thereto,
for the provision of adequate sewage systems adopted by the Township
and submitted to and approved by PaDEP as provided in and by the Pennsylvania
Sewage Facilities Act and the regulations of PaDEP promulgated thereunder.
An individual on-lot sewage system; a community on-lot sewage
system.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The Act of January 24, 1966, P.L. (1965) 1535, as amended,
35 P.S. § 750.1 et seq.
The Health Department Sewage Enforcement Officer.
The Act of June 27, 1937, P.L. 1987, No. 394, as amended,
35 P.S. § 691.1 et seq.
East Coventry Township, Chester County, Pennsylvania.
[Ord. 105, 10/16/2000, § 1]
1.
Applicability.
A.
The requirements of this Part shall be applicable to individual on-lot
and community on-lot sewage systems which exist within the municipal
limits of the Township on the effective date of this Part or which
may be installed within the municipal limits of the Township after
the effective date of this Part.
B.
With respect to holding tanks which exist within the municipal limits
of the Township on the effective date of this Part or which may be
installed within the municipal limits of the Township after the effective
date of this Part, the requirements of this Part and the requirements
of the holding tank ordinance shall apply. In the event of an inconsistency
between or among the provisions of this Part and the provisions of
the holding tank ordinance, the most restrictive provision shall govern.
2.
Specific Requirements.
A.
The proper operation, maintenance and repair of an on-lot sewage
system shall be the responsibility of the lot owner on which the system
is located; however, the operation, maintenance and repair shall be
subject to the continuing surveillance and periodic inspection by
the Township, its authorized agent and/or the Sewage Enforcement Officer.
(1)
The legal authority for such periodic inspection and for the
entry upon lands for such inspection is, without limitation, the Pennsylvania
Sewage Facilities Act and the PaDEP rules and regulations thereunder.
(2)
It is the policy of the Township that such periodic inspection
shall apply to those on-lot sewage systems that are identified by
the Code Enforcement Officer, the Health Department and/or PaDEP as
(i) needing periodic inspection to provide long-term property operation;
or (ii) not properly functioning because of inadequate operation and
maintenance.
(3)
The schedule of inspections for each on-lot sewage system, identified
for such periodic inspection, shall be established by the Code Enforcement
Officer.
(4)
Notification of the owner of the land on which each on-lot sewage
system identified for such periodic inspection is located, of the
foregoing inspection policy and of the established inspection schedule
for the system shall be given, in writing, by the Code Enforcement
Officer by any one or more of the following means: (i) handing the
notification to the owner wherever he may be found; (ii) mailing the
notification to the owner, by certified mail, postage prepaid, return
receipt requested, to the address of the land or to the last known
address of the owner as appearing on the most current Chester County
tax assessment records for the land; or (iii) leaving the notification
for the owner at the address of the land.
B.
It shall be the responsibility of the owner of a lot on which an on-lot sewage system is located to have the system pumped in accordance with the schedule set forth in § 18-204 of this Part and to otherwise maintain, repair and replace the system as necessary to prevent the malfunctioning of the system. Such pumping and other necessary maintenance, repair and replacement shall be in accordance with the standards provided by the PaDEP rules and regulations at 25 Pa.Code § 71.73(b)(2).
C.
The construction, repair and/or replacement of on-lot sewage systems
shall be subject to the issuance of appropriate permits by the Health
Department.
[Ord. 105, 10/16/2000, § 1]
1.
Treatment Tank Systems.
A.
The owner of a lot on which is located a treatment tank system existing on the effective date of this Part, or installed after the effective date of this Part, shall have each tank pumped and the contents thereof disposed of at a licensed sewage disposal facility by a septic tank contractor licensed by PaDEP and/or the Health Department at least once every three years or whenever an inspection of the tank reveals that the tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank. The owner shall submit proof of the pumping and disposal to the Code Enforcement Officer in the form of a receipted bill issued by the contractor or such other proof as shall be acceptable to the Code Enforcement Officer. The initial and subsequent three year pump and disposal periods, as well as the dates by which proof of the pumping and disposal is to be submitted to the Code Enforcement office, shall be as established under Subsection 1B below.
B.
The Board of Supervisors shall, by resolution: (i) divide the geographic
area of the Township into as many districts as the Board deems appropriate;
(ii) designate each such district on a map of the Township; (iii)
assign dates to each district on which the initial and subsequent
three year pumping and disposal periods shall commence for treatment
tank systems existing in the district on the effective date of this
Part and for treatment tank systems installed in the district after
the effective date of this Part; and (iv) assign dates to each district
by which the proof of the initial and subsequent pumping and disposal
of a treatment tank system shall be submitted to the Code Enforcement
Officer for treatment tank systems existing in the district on the
effective date of this Part and for treatment tank systems installed
in the district after the effective date of this Part.
2.
Retaining Tank Systems.
A.
The owner of a lot on which is located a retaining tank or a sewage
treatment system designed or operated as a retaining tank shall enter
into a written contract with a septic tank contractor licensed by
PaDEP and/or the Health Department requiring periodic pumping and
disposal of the tanks contents in accordance with the schedule required
by the permit which authorized the installation and use of the retaining
tank. The contract shall be valid and in effect, and shall be maintained
valid and in effect by the owner of the lot at all times during which
the retaining tank is utilized.
B.
For a retaining tank existing on the effective date of this Part,
a copy of the contract shall be filed by the lot owner with the Code
Enforcement Officer by within 90 days after the effective date of
this Part. For a tank installed after the effective date of this Part,
a copy of the contract shall be filed by the lot owner with the Code
Enforcement Officer within 90 days after the installation of the system.
A copy of any revisions or amendments to the contract and a copy of
any new contracts shall be filed with the Code Enforcement officer
within 30 days after the effective date of any such revision, amendment
or new contract.
3.
Stream Discharge Systems.
A.
The owner of a lot on which a stream discharge sewage system exists
on the effective date of this Part shall register the system with
the Township within 90 days following the effective date of this Part
by filing a copy of the current PaDEP permit, together with any other
information required by the Code Enforcement officer to verify the
current validity of the permit and with copies of any tests performed
during the 12 months immediately preceding the registration which
verify the operational integrity of the system.
B.
The owner of a lot on which a stream discharge sewage system is installed
after the effective date of this Part shall register the system with
the Township within 90 days after such installation by filing a copy
of the current PaDEP permit, together with any other information required
by the Code Enforcement Officer to verify the current validity of
the permit and with copies of any tests performed at any time prior
to the registration which verify the operational integrity of the
system.
C.
Each stream discharge system shall be operated and maintained at
all times through a maintenance agreement between the owner of the
lot on which the system is located and an individual, firm or corporation
experienced in the operation and maintenance of stream discharge systems.
A copy of the maintenance agreement shall be filed with the Code Enforcement
Officer at the time the system is registered with the Township. A
copy of any revisions or amendments to the maintenance agreement and
a copy of any new maintenance agreement shall be filed with the Code
Enforcement Officer within 30 days after the effective date of any
such revision, amendment or new agreement.
D.
The Code Enforcement officer or other authorized agent shall arrange
for periodic inspections of such approved and permitted stream discharge
systems by PaDEP as required.
4.
Individual Residential Spray Irrigation Systems.
A.
Each individual residential spray irrigation system shall be operated
and maintained at all times in accordance with rules and regulations
of PaDEP at 25 Pa. Code § 73.167, and through a maintenance
agreement between the owner of the lot on which the system is located
and an individual, firm or corporation experienced in the operation
and maintenance of individual residential spray irrigation systems.
B.
A copy of the maintenance agreement, for an individual residential
spray irrigation system existing on the effective date of this Part
shall be filed with the Code Enforcement Officer within 90 days after
the effective date of this Part. A copy of the maintenance agreement
for a system installed after the effective date of this Part shall
be filed with the Code Enforcement officer within 90 days after such
installation. A copy of any revisions or amendments to the maintenance
agreement and a copy of any new maintenance agreement shall be filed
with the Code Enforcement Officer within 30 days after the effective
date of any such revision, amendment or new agreement.
5.
Change of Ownership. Prior to the conveyance of any lot containing
an on-lot sewage system, the sewage system shall be pumped and its
contents disposed of as required by this section unless the owner
files with the Township a receipt issued by a septic tank contractor
licensed by PaDEP and/or the Health Department demonstrating that
the system was pumped out within the six-month period immediately
preceding the conveyance. Following the conveyance of the lot, the
new owner shall be subject to the provisions of this Part.
6.
Classification. If the type of an on-lot sewage system is unknown,
the system shall be classified as a treatment tank system.
7.
Location of Systems. If the owner of any lot, which is served by
or on which is located an on-lot sewage system, demonstrates to the
Code Enforcement Officer that the location of the system is unknown
to the lot owner, the owner shall then proceed to have the system
located and pumped in accordance with the following schedule:
A.
The lot owner shall have the on-lot sewage system located by a date
established by Code Enforcement Officer.
B.
The lot owner shall have the on-lot sewage system pumped within 60
days after the date on which the system is located.
C.
The lot owner shall then have the on-lot sewage system pumped in
accordance with the next scheduled pumping cycle as provided in this
section.
[Ord. 105, 10/16/2000, § 1]
In addition to the requirements specified in this section and
other provisions of this Part, the Board of Supervisors may, by resolution,
promulgate such forms and regulations for the administration and enforcement
of this Part as the Board shall deem necessary. Failure of a lot owner
to receive or secure any required form shall not constitute a defense
to the enforcement or penalty provisions of this Part.
[Ord. 105, 10/16/2000, § 1]
When the Township becomes aware of a violation of this Part
and/or the regulations of the Health Department, the violation shall
be reported to the Health Department and shall become subject to the
rules and regulations of the Health Department.
[Ord. 105, 10/16/2000, § 1]
1.
The Code Enforcement officer shall have the power and authority to
determine all issues relating to compliance with the provisions of
this Part and to bring and prosecute, in the name of the Township,
enforcement and penalty proceedings for violations of the provisions
of this Part.
2.
Appeals from determinations or interpretations of the provisions
of this Part by the Code Enforcement officer shall be taken to the
Board of Supervisors within 30 days from the date of such determination
or interpretation. Appeals shall be heard and determined in accordance
with the provisions of the Local Agency Law. The Board of Supervisors
may request documentation and consult with the Township Engineer or
other competent or qualified person as the Board determines necessary
for a proper resolution of the appeal and may impose the reasonable
costs thereof upon the appellant. Notwithstanding the foregoing, the
Board of Supervisors shall have no jurisdiction to hear or determine
any appeal from the action of the Code Enforcement Officer in prosecuting
a violation of this Part in a summary proceeding before a District
Justice or other tribunal having jurisdiction.
[Ord. 105, 10/16/2000, § 1]
1.
Any person, who fails or refuses to comply with any provision of
or any regulation promulgated under this Part or with any lawful notice,
order or direction of the Code Enforcement Officer or authorized agent
issued pursuant to this Part shall be in violation of this Part and
guilty of a summary offense and, upon conviction, shall pay a fine
of not less than $100 and not more than $1,000 (or such other maximum
fine as may be prescribed by applicable law), together with the costs
of prosecution and, upon default in payment of the fine and costs,
shall be subject to imprisonment to the maximum extent allowed by
law for the punishment of summary offenses. Each day or portion thereof
during which any violation of this Part is found to exist shall constitute
a separate offense punishable by like fine and imprisonment.
2.
The penalties set forth in Subsection 1 shall not be in limitation of, but shall be in addition to, such other or further remedies as may be available to the Township in law or in equity for the failure or refusal to comply with, or for any other violation of, any provision of or any regulation promulgated under this Part or any lawful notice, order or direction of the Code Enforcement officer or authorized agent issued pursuant to this Part.
[Ord. 105, 10/16/2000, § 1]
The Board of Supervisors shall, by resolution, adopt a fee schedule
for the administration of this Part. The schedules shall be subject
to review and revision from time to time and at any time as the Board
may deem necessary.
[Ord. 105, 10/16/2000; as added by Ord. 145, 7/14/2008, § I]
It shall be unlawful for any person owning or occupying a property on which there is a building required to be connected to a public sewer under the provisions of § 18-303 hereof to construct or use on such property any privy, privy vault, cesspool, septic tank or other device for the disposal of sanitary sewage, and any such prohibitive device(s) shall have the contents removed and disposed of at a waste water treatment facility at the owner's expense. The tank(s) shall be cleaned and disinfected with at least 5% sodium hypochlorite (common household bleach) solution which could require five gallons of such material. The tank(s) shall be crushed and filled in with gravel or dirt within 90 days following the date on which the aforesaid connection is required to be made at the owner's sole expense, provided that reinforced concrete tanks must be cleaned, disinfected and filled within the said time period but need not be crushed. Tile fields may be abandoned in place with no other action taken by the owner.
