[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:
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.
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.
PRIMARY ABSORPTION AREAThe absorption area which is initially permitted and installed for the proposed use.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq.
Any person certified as qualified to issue permits for individual
or community sewage systems by the Certification Board.
Title 25, Pennsylvania Code, Chapter 71, Administration of
Sewage Facilities Permitting Program.
Title 25, Pennsylvania Code, Chapter 72, Administration of
Sewage Facilities Permitting Program.
Title 25, Pennsylvania Code, Chapter 73, Standards for Sewage
Disposal Facilities.
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.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania.
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.
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.
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.
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.
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Application forms may be obtained from the Municipal Sewage
Officer or in the general office of the Municipal Building.
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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.
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.
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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.
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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.
(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.
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.
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.
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Prior to the issuance of a permit, the SEO will first consider:
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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.
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Note: Forty-eight hours' notice is required prior to any inspections.
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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. 1-90-318, 1/25/1990, § 6]
All application and permit fees shall be paid to Salisbury Township
in accordance with all applicable resolutions.
[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.
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.
