[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
This Part shall be known any may be cited as "An Ordinance Providing for an On-lot sewage management program for Lower Macungie Township."
2. 
In accordance with the Municipal Code, the Clean Streams Law (Act of June 27, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as "Act 537"), it is the power and the duty of the Township to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage.
3. 
The Official Sewage Facilities Plan for Lower Macungie Township indicates that it is necessary to formulate and implement an on-lot sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
4. 
The purpose of this Part is to provide for the regulation, inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit intervention in situations which may constitute a public nuisance or hazard to the public health; and to establish appeal procedures necessary for the proper administration of an on-lot sewage management program.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
For the purposes of this Part, any term not defined herein shall have that meaning found in the Sewage Facilities Act, the Municipalities Planning Code and regulations promulgated thereto, unless the context clearly indicates otherwise.
BOARD
The Board of Commissioners of Lower Macungie Township, Lehigh County, Pennsylvania.
COMMUNITY ON-LOT SEWAGE SYSTEM
A system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
INDIVIDUAL ON-LOT SEWAGE SYSTEM
An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
INDIVIDUAL SEWAGE SYSTEM
Any system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of the commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, or into surface waters of this 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 condition noted above occurs for any length of time during any period of the year.
MUNICIPALITY
Lower Macungie Township, Lehigh County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of an adequate sewage disposal system adopted by the Board and approved by the DEP, pursuant to the Pennsylvania Sewage Facilities Act.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local or municipal, public or private corporation for profit or not for profit.
PUMPER/HAULER
Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems, and who has registered with the Township.
REHABILITATION
The work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
REPLACEMENT AREA
A portion of a new lot created after the date of the enactment of this Part, which is reserved and sized to allow the installation of a replacement on-lot sewage disposal system in the event of the malfunction of the existing on-lot sewage disposal system.
SEPTAGE
The sewage, residual scum and sludge pumped from on-lot disposal systems.
SEWAGE
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 animal or aquatic life, or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as "the Clean Streams Law," as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the DEP who is appointed by the Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as may be provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder and this Part or any other ordinance adopted by the Township.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in the Official Sewage Facilities Plan adopted by the Board as an area for which an on-lot sewage management program and ordinance is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this Part, the Sewage Facilities Act, the Clean Streams Law, the regulations promulgated thereunder and such other requirements adopted by the Board to effectively enforce and administer this Part.
SEWAGE PERMIT
A document issued for the local agency by the SEO when proper application, fee, test results, field investigations, a suitable system design and other requested information by the Township have all been provided to the SEO in accordance with Pa. Code Title 25, Chapter 72, and administration of the sewage facilities permitting program.
SUBDIVISION
The division or subdivision of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom. For the purpose of this Part, this term shall also mean a land development.
TOWNSHIP
Lower Macungie Township, Lehigh County, Pennsylvania.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
From the effective date of this Part, it shall apply to all persons owning any property serviced by an on-lot sewage disposal system and all persons installing or rehabilitating on-lot sewage disposal systems.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
No person shall install, construct or request bid proposals for construction, or alter an individual sewage system or community sewage system or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit from the Sewage Enforcement Officer, which permit shall indicate that the site and the plans and specifications of such system are in compliance with the provisions of the Clean Streams Law (35 P.S. §§ 691.1-691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and the regulations adopted pursuant to those Acts.
2. 
No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the Sewage Enforcement Officer.
3. 
The Sewage Enforcement Officer will require notification of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by the Sewage Facilities Act may be scheduled and performed by a Sewage Enforcement Officer.
4. 
No building or occupancy permit shall be issued for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the Sewage Enforcement Officer.
5. 
No building permit or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage, that will require an alteration or replacement of the existing sewage disposal system, until either the property owner receives a permit for the alteration or replacement of the existing sewage disposal system or until the appropriate officials of the Township receive written notification from the Sewage Enforcement Officer that such a permit will not be required. The Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
6. 
Sewage permits may be issued only by the Sewage Enforcement Officer appointed by the Township. The DEP shall be notified as to the identity of each Sewage Enforcement Officer appointed by the Township.
7. 
No sewage permit shall be issued for any proposed on-lot sewage disposal system on any newly created or newly subdivided property in any sewage management district unless and until a replacement area is tested, approved and reserved. All new subdivision plans must show the location of two approved on-lot disposal sewage sites on each lot.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
Should any on-lot sewage disposal system be malfunctioning or be alleged to be malfunctioning, the Sewage Enforcement Officer, with the owner's permission, shall have the right to inspect said property and its on-lot sewage disposal system in order to assure the proper functionality of the system. Such routine inspections will be conducted after 24 hours' notice is given to the property owner.
2. 
A Sewage Enforcement Officer shall have the right, with the owner's permission, to enter upon land for the purposes of inspections described in this section, with said inspections occurring during regular working hours.
3. 
Following each inspection, the Township shall furnish the owner of each property with a written report of said inspection. The Township shall maintain a copy of the report in its records.
4. 
Should said inspections reveal that the system is indeed malfunctioning, the Sewage Enforcement Officer shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of the DEP, including, but not limited to, those outlined in Chapter 73 of Title 25 of the Pennsylvania Code, or if it is not technically or financially feasible in the opinion of the Sewage Enforcement Officer and a representative of the DEP, then action by the property owner to mitigate the malfunction shall be required.
5. 
If there is a geographic area where numerous on-lot sewage disposal systems are malfunctioning, a resolution of these area-wide problems may necessitate detailed planning and a revision to the portion of the Sewage Facilities Plan pertaining to the areas affected by such malfunctions. If a DEP-authorized Official Sewage Facilities Plan revision has been undertaken, repair or replacement of individual malfunctioning sewage disposal systems within the area affected by the revision may be delayed, pending the outcome of the plan revision process. However, immediate corrective action will be compelled whenever a malfunction, as determined by Township officials and/or the DEP, presents a serious public health or environmental threat.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
Only normal domestic waste shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system:
A. 
Industrial waste.
B. 
Automobile oil and other nondomestic oil.
C. 
Toxic or hazardous substances or chemicals, including, but not limited to, pesticides, disinfectants (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and French drains. Maintenance of surface contouring and other measures shall be taken to divert stormwater away from the treatment facilities and absorption areas.
2. 
Operation and maintenance of electrical, mechanical and chemical components of the sewage facilities, including collection and conveyance piping, pressure lines and manholes, alarm and flow recorder devices, pumps, disinfection equipment and safety items, shall be performed in accordance with applicable requirements and manufacturers' specifications.
3. 
Plumbing systems served by on-site sewage disposal systems shall incorporate water conservation devices to reduce hydraulic loading to the sewer system.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
Every person owning a building/structure served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank cleaned out by pumping by a registered and qualified pumper/hauler at least once every five years.
2. 
In order to ensure that each septic tank is cleaned out by pumping at least every five years, the Township shall implement a schedule whereby property owners shall be notified, in advance, that they shall be required to undertake the maintenance requirements of Subsection 1 hereinabove. Said pumping shall be scheduled using sewer management districts and shall start with Sewage Management District 1, followed by District 2, District 3, District 4 and then District 5, after which said pumping cycle shall be repeated. After notification by the Township, all property owners shall comply with the requirements of this Part no later than December 31 of the notification year. A map showing the properties within the various sewage management districts is on file at the Township offices. The sewage management districts can be modified from time to time at the discretion of the Sewage Enforcement Officer and the Township.
3. 
Thereafter, that person shall have the tank pumped at least once every five years or whenever an inspection reveals that the septic tank is filled with solids or with scum in excess of 1/3 of the liquid depth of the tank. Receipts, verifying pumping or inspection, from the pumper/hauler shall be submitted to the Township within 30 days of the inspection or pumping.
4. 
The required pumping frequency may be increased at the discretion of a Sewage Enforcement Officer if the septic tank is undersized; if solids buildup in the tank is above average; if the hydraulic load on the system increases significantly above average; if a garbage grinder is used in the building; if the system malfunctions; or for other good cause shown.
5. 
If any person can prove that such person's septic tank had been pumped within the six-month period preceding the effective date of the initial pumping requirement for his/her/its specific district, then that person's required pumping may be deferred until the beginning of the next five-year pumping cycle for his/her/its district, except where an inspection reveals a need for more-frequent pumping.
6. 
Any person owning a building/structure served by a septic tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the Township, that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact a Sewage Enforcement Officer for approval of the necessary repair.
7. 
Any person owning a building/structure served by an on-lot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be provided to the Township.
8. 
Any person or landowner owning a building/structure served by a cesspool or drywell shall have that cesspool or drywell cleaned and pumped according to the requirements for a septic tank. As an alternative to this scheduled pumping of the cesspool or drywell, the landowner may secure a sewage permit from the Sewage Enforcement Officer for a septic tank to be installed preceding the cesspool or drywell. For a system consisting of a cesspool or drywell preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval. If the cesspool malfunctions, the property owner shall install a new on-lot disposal system in accordance with DEP's rules and regulations.
9. 
A septic tank pumping report on the pumper/hauler's own form approved by the Township shall be submitted to the Township immediately after each pumpout, either by the pumper/hauler or the property owner. The property owner shall retain a copy for his or her records.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
No person shall operate or maintain an on-lot sewage disposal system in such a manner so that it malfunctions. No sewage system shall discharge untreated sewage to the surface of the ground or into the waters of the commonwealth unless a permit for such discharge has been obtained from the DEP.
2. 
A written notice of violation shall be issued to any person who is the owner of any property which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging sewage without a permit.
3. 
A Sewage Enforcement Officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system; adding capacity or otherwise altering or replacing the system's treatment tank; expanding the existing disposal areas; replacing the existing disposal area; replacing a gravity distribution system with a pressurized system; or any other alternative appropriate for the specific site.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
The Township, upon written notice from the Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage disposal system, as provided in this Part, shall have the authority to perform, or contract to have performed, the work required by the Sewage Enforcement Officer. The property owner shall be charged for the work performed, and, if necessary, a lien shall be entered therefor in accordance with the law.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
All septage originating within the sewage management district shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.), latest revision, and all other applicable laws and at sites or facilities approved by the DEP. The pumper/hauler shall provide a list of approved disposal sites that it has contracted with to dispose of the septage.
2. 
The pumper/hauler of septage, operating within the sewage management district, shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003), latest revision, and all other applicable laws.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
The Township shall issue a written notice of violation to any person who is the property owner if the Township has not received from the property owner or pumper/hauler a septic tank pumping form proving that the septic tank, cesspool or drywell or tank has been cleaned and pumped within the time limits as specified by this Part.
2. 
Within 30 days of the notice of violation by the Township, the property owner shall have said septic tank, cesspool or drywell or tank cleaned and pumped. Failure to comply with the notice of violation shall be considered a violation of this Part.
3. 
Any person or property owner interfering with the pumper/hauler's responsibility to notify the Township under this Part shall be in violation and susceptible to all penalties herein. As set forth in this Part, the property owner of the building shall ensure that the pumper/hauler supplies the Township with the certification form of pumping the septic tank.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part.
2. 
Any permits, records, reports, files and other written materials relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the sewage management district shall become the property of and be maintained by the Township. Existing and future records shall be available for public inspection during regular hours at the official office of the Township. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the sewage management program shall be made available, upon request, for inspection by representatives of the DEP.
3. 
The Township shall establish all administrative procedures necessary to properly carry out the provisions of this Part.
4. 
The Township may establish a fee schedule by resolution and authorize the collection of fees by any appropriate method, including the use of municipal liens, to cover the cost to the Township of administering this Part.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
In addition to remedies available under the Pennsylvania Sewage Facilities Act as it relates to nuisances, violations of the Act or interference with any officer, agent or the Township itself, the Township may assess civil penalties after providing notice of such penalties or assessments.
2. 
The Township may assess the cost of damages caused by violations of this Part or the Pennsylvania Sewage Facilities Act, applicable fines and penalties, the cost of correcting such violation(s), as well as legal fees, costs of enforcement and fees incurred to hold hearings.
3. 
The Sewage Enforcement Officer shall provide notice of violations of this Part or the Sewage Facilities Act and the proposed assessment of penalties.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
Appeals from final decisions of the Sewage Enforcement Officer under this Part shall be made to the Board of Commissioners in writing within 30 days from the date of written notification of the decision in question.
2. 
The appellant shall be entitled to a hearing before the Board of Commissioners at its next regularly scheduled meeting, if a written appeal is received at least 14 days prior to that meeting. If the appeal is within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the next regularly scheduled meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing, provided that it is submitted with the notice of appeal.
3. 
A decision shall be rendered in writing within 30 days of the date of the hearing.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
1. 
Any person failing to comply with any provision of this Part shall be subject to a fine of not less than $500 and costs, and not more than $1,000 and costs, or in default thereof shall be confined in the county jail for a period of not more than 90 days. Each day of noncompliance shall constitute a separate offense.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
The provisions of this Part shall be severable; and if any provision hereof shall be declared unconstitutional, illegal, or invalid, such decision shall not affect the validity of any of the remaining provisions of this Part. It is hereby declared as a legislative intent of the Township that this Part would have been amended as if such unconstitutional, illegal or invalid provision or provisions had not been included herein.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
All other Township ordinances or parts thereof adopted prior to this Part which are in conflict with this Part are hereby repealed.
[Ord. 2013-09, 11/7/2013; as amended by Ord. 2014-15, 12/4/2014]
This Part shall take effect and be in full force and effect five days from and after the date of final passage and adoption.