[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.
The Board of Commissioners of Lower Macungie Township, Lehigh
County, Pennsylvania.
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
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.
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.
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.
Lower Macungie Township, Lehigh County, Pennsylvania.
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.
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.
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.
The work done to modify, alter, repair, enlarge or replace
an existing on-lot sewage disposal system.
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.
The sewage, residual scum and sludge pumped from on-lot disposal
systems.
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.
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.
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.
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.
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.
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.
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.
