[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:
(1) 
Community on-lot sewage system.
(2) 
Holding tank.
(3) 
Individual on-lot sewage system.
(4) 
Individual spray irrigation system.
(5) 
Lot.
(6) 
Retaining tank.
(7) 
Sewage.
(8) 
Sewage facilities.
(9) 
Treatment tank.
B. 
The following words and phrases, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise:
AUTHORIZED AGENT
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.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Township.
HEALTH DEPARTMENT
The Chester County Health Department.
HOLDING TANK ORDINANCE
Part 1, entitled "Holding Tanks," of Chapter 18 of the Code of Ordinances of the Township of East Coventry.
LOCAL AGENCY LAW
Subchapter B of Chapter 5 and Subchapter B of Chapter 7 of Title 2 of Pennsylvania Consolidated Statutes, 2 Pa. C.S.A. §§ 551 -- 555, 751 -- 754.
MALFUNCTION
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.
OFFICIAL SEWAGE FACILITIES PLAN
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.
ON-LOT SEWAGE SYSTEM
An individual on-lot sewage system; a community on-lot sewage system.
PADEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
PENNSYLVANIA SEWAGE FACILITIES ACT
The Act of January 24, 1966, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq.
SEWAGE ENFORCEMENT OFFICER OR LOCAL AGENCY SEWAGE ENFORCEMENT OFFICER
The Health Department Sewage Enforcement Officer.
THE CLEAN STREAMS LAW
The Act of June 27, 1937, P.L. 1987, No. 394, as amended, 35 P.S. § 691.1 et seq.
TOWNSHIP
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.