[Ord. 1-90-318, 1/25/1990, § 1]
From and after the effective date of this Part 5, it shall be unlawful for any person to install a new sewage disposal system or to replace or alter an existing sewage disposal system except in accordance with the conditions and requirements of this Part.
[Ord. 1-90-318, 1/25/1990, § 2]
With the exception of those words and terms defined in § 18-502 of this Part, all words and terms used in this Part shall be defined in accordance with § 71.1 of Chapter 71, § 72.1 of Chapter 72 and § 73.1 of Chapter 73 of the Pennsylvania [Code], Title 25, Department's Regulations.
The following words and terms, when used in this Part 5, shall have the following meanings:
ABSORPTION AREA
A component of an individual or community sewage system where liquid from a treatment tank seeps into the soil; it consists of an aggregate-filled area containing piping for the distribution of liquid and the soil or sand/soil combination located beneath the aggregate.
A. 
ALTERNATE ABSORPTION AREAA tested area which is reserved for possible future installation of an absorption area, if the primary absorption area is clogged or otherwise is malfunctioning.
B. 
PRIMARY ABSORPTION AREAThe absorption area which is initially permitted and installed for the proposed use.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq.
CERTIFIED SEWAGE ENFORCEMENT OFFICER
Any person certified as qualified to issue permits for individual or community sewage systems by the Certification Board.
CHAPTER 71 OF THE DEPARTMENT'S REGULATIONS
Title 25, Pennsylvania Code, Chapter 71, Administration of Sewage Facilities Permitting Program.
CHAPTER 72 OF THE DEPARTMENT'S REGULATIONS
Title 25, Pennsylvania Code, Chapter 72, Administration of Sewage Facilities Permitting Program.
CHAPTER 73 OF THE DEPARTMENT'S REGULATIONS
Title 25, Pennsylvania Code, Chapter 73, Standards for Sewage Disposal Facilities.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
DEPARTMENT
The Department of Environmental Resources of the Commonwealth of Pennsylvania.
INDIVIDUAL SEWAGE SYSTEM
A 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 this commonwealth or by means of conveyance to another site for final disposal.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage systems adopted by the Board of Commissioners of Salisbury Township and submitted to and approved by the Department as provided by the Act and Chapter 71 of the Department's Regulations.
SEO
The Municipal Sewage Enforcement Officer.
[Ord. 1-90-318, 1/25/1990, § 3]
The Board of Commissioners shall annually appoint a minimum of two certified sewage enforcement officers as its Municipal Sewage Enforcement Officers, and one of the officers shall be designated as the Alternate Sewage Enforcement Officer. The appointed officers shall be responsible to carry out the duties specified in this Part; and to make inspections as required to fulfill his duties hereunder and for that purpose, he shall have the right to enter any building or structure or enter upon any land at any reasonable hour in the course of his duties.
[Ord. 1-90-318, 1/25/1990, § 4]
1. 
The installation of any treatment tank, subsurface absorption area or any holding tank constitutes either the installation of an individual or a community sewage system and requires a permit prior to beginning the installation or occupancy of any building or buildings for which such a system will be installed. The installation of an individual or community sewage system shall include the repair, replacement or enlargement of any treatment tank, subsurface absorption area, or holding tank. A permit shall be required regardless of the acreage of the tract on which the individual or community sewage system is to be installed or repaired.
2. 
Construction of a new sewage system for a newly constructed building will be known as a "new sewage system" for the purposes of this Part. The repair or replacement of an existing on-lot sewage disposal system for a structure which is occupied at the time of the application for permit issuance shall be known as a "repair sewage system" for the purposes of this Part.
3. 
The site investigations and procedures for permit issuance shall follow the standards in the Act, Chapters 71, 72[1] and 73 of the Department's Rules and Regulations and this Part.
[1]
Ord. 1-90-318 read "73."
4. 
The design and installation of an individual or community sewage system, or part thereof, shall be done in conformance with the standards in Chapter 73 of the Department's Rules and Regulations and this Part.
5. 
No individual or community system shall be installed in an area identified by completed federal flood insurance mapping identified as a one-hundred-year floodplain or where completed flood mapping is not available but the soil has been mapped or identified as floodplain soil or a flood-prone area.
[Ord. 1-90-318, 1/25/1990, § 5]
1. 
Application for a permit shall be made by the property owner or agent to the Municipal Sewage Officer prior to the commencement of construction, alteration or repair of an individual or community sewage system.
2. 
The application shall contain the following:
A. 
The information found on the application form ER-BWQ-290 Appendix A prescribed by the Department;
B. 
Such further information as may be required by the Municipal Sewage Officer to ensure that the proposed action complies with the regulations promulgated by the Department.
Application forms may be obtained from the Municipal Sewage Officer or in the general office of the Municipal Building.
3. 
When the Municipal Sewage Officer has found an application incomplete, or the Municipal Sewage Officer is unable to verify the information submitted, the applicant shall be notified, in writing, within seven days of receipt of application; and the time for acting thereon shall be extended 15 days beyond the date of receipt of adequate supplementary or amendatory data. If adequate supplementary or amendatory data is not provided within 30 days after the Municipal Sewage Officer requests such data, the application may be denied.
4. 
New Sewage Systems.
A. 
For new systems, the application and review process consists of the following four stages:
(1) 
Preliminary stage.
(2) 
Site evaluation stage.
(3) 
System design stage.
(4) 
Final inspection stage.
B. 
In the preliminary stage, the applicant obtains a copy of Form ER-BWQ-290 from the Municipal Sewage Officer, completes Part I of the form and submits it along with the appropriate permit fee to the Municipal Sewage Officer. The Municipal Sewage Officer reviews Part I, and an on-site evaluation is scheduled at a mutually agreed time.
C. 
In the site evaluation stage, there are three phases:
(1) 
Phase I. The SEO and the applicant shall visit the site to conduct a preliminary investigation to determine areas suitable for soil testing.
(2) 
Phase II. It shall be the responsibility of the applicant to prepare the site for testing. This includes any general clearing to confirm slope measurements, the proper preparation of the percolation test holes as specified in Chapter 73, the soil probe test pit at least eight feet deep, and providing water for the percolation test.
(3) 
Phase III. The applicant is responsible for performing the test, and the SEO will observe the tests, record the results and complete Part IV of the application.
Note: A passing soil probe and percolation test shall be provided for both the primary and alternate absorption area. Upon completion of the site evaluation stage, the applicant will be notified if the site is suitable or receive a letter of permit denial if it is unsuitable.
D. 
The system design stage involves the completion of Parts II and III of the application form. Part II shall be completed by the applicant or agent. Part III shall be completed by the following:
(1) 
The system design shall be prepared by an engineer or other qualified person having knowledge of design criteria and requirements (i.e., professional land surveyor, geologist, landscaping architect, consulting SEO), unless otherwise specified by the Department's Rules and Regulations.
(2) 
The plot plan shall be prepared, signed, sealed and certified by a professional engineer or professional land surveyor in conformity with the Pennsylvania Professional Engineer's Registration Law, Act of May 23, 1945, P.L. 913, as amended, as found at 63 P.S. § 148 et seq.
(3) 
The plan shall show the following:
(a) 
Location of all soil probes and perc test holes (passed or failed).
(b) 
Location of absorption areas and wells of adjoining properties if within 100 feet of the property lines.
(4) 
Location of all rights-of-way, easements, proposed driveways, buildings, and building setback lines.
(5) 
Location of primary and alternate absorption areas.
(6) 
Natural slope at two-foot contour intervals for primary and alternate absorption areas.
(7) 
Proposed well location.
(8) 
How all surface water will be diverted away from or around the absorption area.
(9) 
First-floor elevation and absorption area elevations.
E. 
When the Municipal SEO has determined that the application is complete and meets the requirements of Chapters 71, 72, and 73 of the Department's Regulations and this Part, a permit shall be issued.
F. 
Permits shall be issued or denied by the Municipal Sewage Officer, in writing, within seven days after receiving a completed application for permit, except as shown in § 18-505, Subsection 3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in a letter.
5. 
Repair Sewage Systems.
A. 
For repair sewage systems, the application and review process consists of the following four stages:
(1) 
Preliminary stage.
(2) 
Site evaluation stage.
(3) 
System design stage.
(4) 
Final inspection stage.
B. 
In the preliminary stage, the applicant obtains a copy of Form ER-BWQ-290 from the Municipal Sewage Officer, completes Part I of the form and submits it along with the appropriate permit fee to the Municipal Sewage Officer. The Municipal Sewage Officer reviews Part I and an on-site evaluation is scheduled at a mutually agreed time.
C. 
The site evaluation stage shall follow the phases indicated in § 18-505, Subsection 4C, except that the alternate location may not be required for repair situations.
D. 
The system design stage involves the completion of Parts II and III of the application form by the applicant. The system design shall be the responsibility of the applicant and prepared in a manner consistent with § 18-505, Subsection 4D.
Prior to the issuance of a permit, the SEO will first consider:
(1) 
All provisions of Chapter 73.
(2) 
Alternate systems.
(3) 
Experimental.
(4) 
If none of the above are feasible, the SEO will provide the best technical guidance available.
E. 
When the Municipal Sewage Officer has determined that the application is complete, a permit shall be issued or denied.
F. 
Permits shall be issued or denied by the Municipal Sewage Officer, in writing, within seven days after receiving a completed application for permit, except as shown in § 18-505, Subsection 3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in a letter.
6. 
Inspections.
A. 
No part of any installation shall be covered, nor in the case of new systems shall the building for which it is intended be occupied, until it is inspected and given final written approval by the Municipal Sewage Officer. The Municipal Sewage Officer may, by order, require an installation to be uncovered, at the expense of the applicant, if the installation was covered contrary to the provisions of this Part.
Note: Forty-eight hours' notice is required prior to any inspections.
B. 
Standard In-Ground Systems.
(1) 
First inspection shall be when the complete system has been staked out prior to the construction of the systems.
(2) 
Second inspection shall be when the excavation for the absorption area is completed and prior to the placement of aggregate fill.
(3) 
Final inspection shall be when all piping and appurtenances have been installed but not covered.
C. 
Elevated Sand Mound and Trench Systems.
(1) 
First inspection shall be when the scarification of the absorption area is finished and the complete system has been staked out.
(2) 
Second inspection shall be to observe the placement of the first load of sand and to obtain certification of the DER approved sand.
(3) 
Final inspection shall be when all piping, tanks, pumps, and alarms have been installed and are ready for testing.
[Ord. 1-90-1990, 1/25/1990, § 7]
1. 
A permit shall be revoked by the Municipal Sewage Officer at any time for any one or more of the following reasons, which shall be incorporated into the notice of revocation:
A. 
When any change which has occurred in the physical conditions of any lands which will materially affect the operation of an individual or community sewage disposal system covered by any permit issued by the Municipal Sewage Officer under the provisions of Chapter 72 of the Department's Regulations.
B. 
When one or more tests material to the issuance of the permit have not been properly conducted.
C. 
When information material to the issuance of permit has been falsified.
D. 
When the original decision of the Municipal Sewage Officer otherwise failed to conform with the provisions of the Act and the Department's Regulations.
E. 
When the permittee has violated the provisions of Chapter 71, 72 or 73 of the Department's Regulations.
F. 
When the inspection reveals that the installation of the system, water supply location or the underlying soil or geologic conditions differ from those stated in the application.
2. 
Revocation of a permit becomes effective after the applicant receives written notice and the 10 days' opportunity to request a hearing under the terms of § 18-508, Subsection 2, has elapsed.
3. 
After the permit has been revoked, no further construction of either the system or the building for which it is intended shall take place until the permit has been reinstated in writing.
4. 
A permit which has been revoked under this section shall be reinstated, in writing, after the reason for revocation is corrected by the applicant to the satisfaction of the SEO.
[Ord. 1-90-1990, 1/25/1990, § 8]
1. 
Upon receipt by the applicant of a notice of denial of a permit, the applicant may request, in writing, within 30 days after receipt of said notice, a hearing before the Board of Commissioners. The Board of Commissioners shall hold a hearing within 30 days after receipt of such a request. The Department shall be notified of the hearing by the Board of Commissioners.
2. 
Revocation of permits shall occur only after written notice and 10 days' opportunity to request a hearing have been granted to the permittee. The Board of Commissioners shall hold a hearing within 30 days after receipt of such a request. The Department shall be notified of the hearing by the Board of Commissioners.
[Ord. 1-90-318, 1/25/1990, § 9]
Although this Part is intended to provide guidelines for the proper installation of on-lot sewage disposal systems, nothing contained herein should be interpreted as a guarantee to the applicants or owners that systems installed under the provisions of this Part will function as intended. Uncontrollable variables such as soil characteristics, actual water usage and material or construction inadequacies, may cause a system malfunction, even though the general guidelines of the State Department of Environmental Resources and this Part are followed.
[Ord. 1-90-318, 1/25/1990, § 10]
1. 
Any person who shall be found by the Municipal Sewage Officer to be discharging sewage to the surface of the ground and such discharge shall, in fact, constitute a nuisance, then upon written notice from the Township Sewage Enforcement Officer, said person shall be required to repair his or her sewage system to eliminate such nuisance. The repair shall be satisfactorily completed within 30 days of the receipt of the notice. Each ten-day period subsequent to the original notice period that the identified nuisance continues shall be a separate violation of this Part and shall be subject to either or all of the remedies described in § 18-510, Subsections 2, 3 and 4, of this Part.
2. 
Any person who shall violate any of the provisions of this Part, or the rules and regulations or standards promulgated hereunder, or who resists or interferes with any officer, agent, or employee of Salisbury Township in administering this Part, shall, upon conviction thereof, in a summary proceeding before any District Justice or Magistrate, be sentenced to pay a fine of not less than $100 plus costs of prosecution, and not more than $1,000 plus costs of prosecution, to be paid to Salisbury Township, and in default of this payment of the fine and costs so imposed, said person shall be sentenced to serve a prison term of not more than 30 days in prison.
3. 
Upon notice to any person violating § 18-510, Subsection 1, of this Part, in the manner described in § 18-510, Subsection 1, to abate or eliminate the nuisance, and upon failure of such person to so abate or eliminate the nuisance in the time period described in § 18-510, Subsection 1, the Township may take such steps as are necessary to abate or eliminate the nuisance, and charge said person violating said section with all costs thereof, together with a collection fee of 10%, or file a municipal claim against said person for all the costs thereof, together with a collection fee of 10%, or file an action of assumpsit, without the filing of a claim, with the Prothonotary of Lehigh County for all the costs thereof, together with a collection fee of 10%.
4. 
The Township may institute proceedings in any court of equity having jurisdiction to abate any violation of this Part.
[Ord. 1-90-318, 1/25/1990, § 11]
1. 
Testing shall be conducted in accordance with the requirements of § 18-505 of this Part for all subdivisions and land developments proposing on-lot sewage disposal as part of the official plan revision or supplement planning process.
2. 
For nonresidential uses and subdivisions proposing two or more residential lots or dwelling units, the developer shall contact the Department of Environmental Resources via Form ER-BCE-116 (DER postcard), which may be obtained from the Sewage Enforcement Officer.
3. 
Prior to initiating testing, the developer shall provide a sketch plan showing test locations and shall have the locations staked at the site with a designation corresponding with that on the plan. Any additional testing shall be marked in the same manner.
4. 
The developer shall pay the required fees or deposits for testing review.
5. 
Plans must be provided as supporting documentation to a request for approval of an official plan revision or supplement, and these plans shall show all data required by the Department and drawn to scale not to exceed one inch equals 50 feet. The following shall also be shown on the plan, but not limited to:
A. 
Proposed and existing building structures (approximate).
B. 
Location of soil probes and percolation tests, whether passing or failing.
C. 
Proposed or existing water supplies or wells.
D. 
Location of all existing and proposed street and right-of-way lines.
E. 
Existing and proposed lot lines.
F. 
Existing and proposed on-lot absorption areas (both primary and alternate locations).
G. 
Existing absorption areas and wells within 100 feet of the property lines.
H. 
Topographical contours (natural and proposed) at intervals not to exceed five feet.
6. 
The plans shall show primary and alternate absorption areas sufficient to illustrate that such systems can be placed while maintaining required minimum horizontal isolation distances.
7. 
The applicant requesting that the Township consider an official plan supplement or revision shall be responsible for completion of the appropriate components of the Department Planning Module for Land Development and for providing the required testing, supporting plans and other data. The module will be reviewed and approved or denied in accordance with the procedures specified in Chapter 71 of the Department's Regulations.