[Adopted 10-14-2014 by Ord. No. 2014-02]
As used in this article, the following terms shall have the
meanings indicated:
The Newtown Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965),
No. 537, as amended, 35 P.S. § 750.1-750.20a ("Sewage Facilities
Act" or "Act 537").
The Newtown Township Delaware County Municipal Authority.
The Township Codes Enforcement Officer, a sewage enforcement
officer, professional engineer, plumbing inspector, or any other qualified
or licensed person who is duly authorized to function within specified
limits as an agent of Newtown Township to administer and/or enforce
the provisions of this article.
The Board of Supervisors of Newtown Township, Delaware County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage of a liquid nature from two or more lots, and
the treatment and/or disposal of the sewage on one or more of the
lots or at any other location for final disposal in whole or in part
into the soil. This includes land application by spray irrigation.
The Pennsylvania Department of Environmental Protection.
Any electric motor driven, submersible pump capable of macerating
all material found in normal domestic sanitary sewage, including reasonable
amounts of objects, such as plastics, sanitary napkins, disposable
diapers, rubber and the like, to a fine slurry, and pumping this material
through a small diameter discharge.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
Any parcel of real estate located within Newtown Township
upon which there is erected a structure intended for continuous or
periodic habitation, occupancy or use by human beings or animals and
from which structure sewage shall or may be discharged.
A parcel of land under single and separate ownership or described
by an approved and still valid subdivision plan recorded in the office
of the Recorder of Deeds of Delaware County.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into surface waters
of this commonwealth, backs up into a building connected to the system
or in any manner causes a nuisance or poses a danger to the health,
safety, and welfare of the public or causes pollution of surface or
groundwater, including the contamination of public or private drinking
water wells. Systems shall be considered to be malfunctioning if any
condition noted above occurs for any length of time during any period
of the year.
A change in the Newtown Township Act 537 Plan to provide
for additional or newly identified future or existing sewage facilities
needs, as defined fully in Section 1 of the Sewage Facilities Act,
35 P.S. § 750.1.
UPDATE REVISIONA comprehensive revision to the Act 537 Plan required when the Department of Newtown Township determines the official plan or one or more of its parts is inadequate for existing or future sewage facilities needs of the Township or its residents or landowners.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
REVISION FOR NEW LAND DEVELOPMENTA revision to the Act 537 plan resulting from a proposed subdivision as defined in the Act.
A system of piping, treatment tanks, or other facilities
serving a single lot and collecting, treating and disposing of sewage
into a subsurface absorption area or spray irrigation system, including
drip dispersion.
Any individual, partnership, corporation or other legal entity.
Any person vested with ownership, legal, equitable, sole
or partial, of any property located in Newtown Township.
A watertight receptacle, which receives and retains sewage
and which is designed and constructed to hold sewage pending the ultimate
disposal of the sewage at another location, site, or area.
Any substance that contains any of the fecal waste products
or excrement or other discharge from the bodies of human beings or
animals or any noxious or deleterious substances that may be harmful
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.[1]
Individual appointed, as such, by the Board of Supervisors
of Newtown Township.
Newtown Township, Delaware County, Pa.
A watertight receptacle which receives the discharge of sewage
from a house or building sewer line and is designed and constructed
so as to permit settling of settleable solids from the liquid digestion
of the organic matter by detention and discharge of the liquid portion
into a distribution system or pit for underground dispersion or elevated
sand mound, individual spray irrigation or similar disposal techniques.
Treatment tanks include septic tanks, cesspools, aerobic units and
the like.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The requirements of this article shall be effective throughout
the entire Township.
A.
The operation, maintenance and repair of an individual on-lot sewage
system shall be the responsibility of the property owner; however,
that maintenance and repair shall be subject to the continuing surveillance
and inspection by the Township, its authorized agent and/or the Sewage
Enforcement Officer.
B.
It shall be the responsibility of the property owner of the lot which utilizes an on-lot sewage disposal system to have it pumped in accordance with the schedule set forth in § 130-21 and to make such other repairs and/or replacements that are necessary in order to prevent the malfunctioning of the system.
C.
The construction, repair and/or replacement of individual on-lot
disposal systems shall be subject to the issuance of appropriate permits
by the Township's Sewage Enforcement Officer in conjunction with the
Pennsylvania Department of Environmental Protection.
Any owner of a property with a treatment tank system, retaining
tank, stream discharge system, community on-lot disposal system, holding
tank or cesspool must obtain and provide to the Township annually,
at the owner's expense, a certification which states that the existing
system on the property has been inspected and found to presently be
in satisfactory working condition, in accordance with the septic systems
guidelines of the Pennsylvania Septic Management Association (PSMA),
adopted April 6, 1989, or as thereafter amended by PSMA. The inspection
shall be conducted by a member of the PSMA, and the certification
shall be on the form known as the "PSMA Septic System Inspection Checklist,"
dated March 1992, or as amended by PSMA.
A.
Treatment tank systems: The property owner of a lot, which uses a
treatment tank system as a means of sanitary sewage disposal, must
have the tank(s) pumped out and the contents disposed of at a licensed
sewage disposal facility at least once every three years or more often
if necessary. The contractor performing such work must be a licensed
septic tank contractor under the regulations of the PaDEP. Every owner
of a treatment tank system existing on any lot on the effective date
of this section shall maintain proof of the required pumping and disposal
to be made available to the Township's Sewage Enforcement Officer
or his/her designated representative upon request in the form of a
receipted bill issued by the contractor or such other proof as shall
be acceptable to said Sewage Enforcement Officer. Such requests shall
not be unreasonably made. If a system has been pumped within 12 months
of the effective date of this section, that system will then fall
into the next three-year pumping schedule. The property owner of a
system installed after the effective date of this section shall henceforth
pump his system in accordance with schedule determined by the Township.
B.
Retaining tanks: The property owners of a lot utilizing a retaining
tank(s) or a sewage treatment system designed or operated as a retaining
tank on the effective date of this section shall enter into a written
contract with a PaDEP-licensed septic tank contractor requiring periodic
pumping and disposal of the tank's contents in accordance with the
schedule required by the permit which authorized the installation
and use of the retaining tank system. A copy of the contract shall
be maintained by the property owner and shall be in effect and valid
for a period of at least one year. Upon request of the Sewage Enforcement
Officer, the property developer shall provide true and correct copies
of the contract or, in the alternative, shall allow review and inspection
of the contract by the Sewage Enforcement Officer. Any such requests
shall not be unreasonably made.
C.
Stream discharge systems: The property owner of a lot on which a
stream discharge sewerage system approved and permitted by the PaDEP
has been installed shall register the system with the Township within
90 days following the effective date of this section by filing a copy
of the current PaDEP permit, together with any other information required
by the Sewage Enforcement Officer to verify the current validity of
the permit and copies of any tests verifying the system's operational
integrity performed during the 12 months immediately preceding the
registration. The property owner of a system installed after the effective
date of this section shall register the system with the Township within
90 days of such installation. The Codes Enforcement Officer or other
authorized agent shall arrange for periodic inspections by the Sewage
Enforcement Officer as required.
D.
Community on-lot disposal (COLDS): The operator(s) of any COLDS system
shall submit annual reports to the Township in the PaDEP format for
waste management (Chapter 94) and discharge management report.
F.
Change of ownership: Prior to the conveyance of any lot which is subject to the provisions of this section, the sewage system installed on such lot shall be pumped and its contents disposed of as required by this § 130-21, unless the property owner has filed with the Township a receipt issued by a licensed septic tank contractor proving that the system was pumped out within the immediately preceding six-month period. Following any conveyance of the lot, the new property owner shall be subject to the provisions of this section.
G.
Classification: If the type of on-lot sewage system is unknown, it
shall be classified as a cesspool.
H.
Promulgation of regulations and required proof: In addition to the requirements specific in this § 130-21, the Board may, by resolution, promulgate such forms and regulations for the administration and enforcement of this article as it shall determine 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 article.
A.
Planning requirements. The connection of proposed new land development
or a proposed new improved property to an existing or proposed sewerage
system through the use of sewage grinder pumps, their associated force
mains, or low-pressure laterals shall occur only after an official
plan revision to the Act 537 Plan, approved by both the Newtown Township
and the Department, designates that the proposed properties be served
by such a connection, unless an exemption to such a requirement is
approved by the Township and the Department. All existing improved
properties containing a grinder pump prior to the passage of this
section are exempt from the provisions contained herein.
B.
Duties and responsibilities of the Township.
(1)
The Township shall exercise its powers and legal authority set forth
herein, and under all applicable statutes, ordinances, and other laws
to affect the purposes of this article.
(2)
The Township shall require an approved application and discharge
permit with each property owner proposing to install a sewage grinder
pump or low-pressure sewer system to assure the short and long-term
operation, maintenance, use, service, repair or replacement of such
systems.
(3)
The Township shall require that all grinder pumps and low-pressure
sewer systems (and the installation, use, operation, maintenance,
service, repair and replacement thereof) shall comply with the rules
and regulations of the Township, Authority and the Department in effect
from time to time.
(4)
The Township shall require that all grinder pumps and low-pressure
sewer systems shall be connected to the Township/Authority's sewerage
collection and conveyance system in full compliance with the rules
and regulations of the Township in effect from time to time.
(5)
The Township shall review the type of grinder pump used and assure
that the property owner has provided documentation that full service
capacity is available locally on short notice in case of malfunction.
(6)
The Township and Authority shall bear no responsibility for the purchase,
installation, use, operation, maintenance, service, repair, or replacement
of the grinder pump and/or its low-pressure sewer systems and low-pressure
force main or lateral, except as otherwise set forth herein.
C.
Duties and responsibilities of others.
(1)
Each property owner served by a grinder pump shall bear full responsibility
for providing, installing, using, operating, maintaining, servicing,
repairing and replacing his/her grinder pump and/or its low-pressure
force main or lateral, unless otherwise set forth herein.
(2)
Where the low-pressure force main or lateral is shared between property
owners, they shall submit to Newtown Township a declaration of easements,
covenants and restrictions in recordable form setting forth the agreement
of each benefited property owner with respect to the installation,
use, operation, maintenance, service, repair and replacement of the
low-pressure sewer system, which agreement shall bind all future property
owners. Following the approval of the low-pressure sewer system by
all applicable agencies, the Township will not issue a permit for
its installation, until evidence is presented that the agreement has
been recorded in the Office for the Recording of Deeds, Delaware County,
Pennsylvania.
(3)
Each property owner shall annually renew, for life of the grinder
pump a system contract with an authorized maintenance contractor (hereinafter
the "maintenance contractor"). The maintenance contractor shall be
a private, independent contractor, who has been given special training
by the original equipment manufacturer and is authorized by the manufacturer
to service the grinder pump and all appurtenances.
(4)
After the first month of operation of the grinder pump, and annually
thereafter, or more frequently if the manufacturer of any component
parts recommends more frequent servicing, the property owner shall
have the maintenance contractor provide the property owner with copies
of a report signed by the maintenance contractor certifying that the
grinder pump is operational in accordance with the permit. The inspection
and maintenance program will include, at a minimum, the manufacturers'
recommended services and inspections for each separate component of
the system. The maintenance contractor's report shall include the
average daily flow from water meter readings, if available. The report
shall also indicate resolution of any deficiencies noted in the maintenance
contractor's inspection or any service or alarm call during the past
year. If a revision or modification is made to the system, an amended
and revised drawing detailing the revision or modification shall be
provided to the property owner and the Township. The property owner
is responsible for obtaining any required permits from the Township
for any revision or modification to the grinder pump and all appurtenances
to it and the low-pressure system.
(5)
The property developer shall be responsible for maintaining all maintenance
records, reports and drawings as required and set forth hereinabove.
The property developer shall provide to the Township and/or Authority
true and correct copies of any such maintenance records, reports and
drawings upon request of the Township and/or Authority, which request
shall not be unreasonably made. In the alternative, the property developer
shall allow such maintenance records, reports and drawings to be reviewed
and inspected by the Township and/or Authority upon request, which
request shall not be unreasonably made.
A.
Duties and rights of Township.
(1)
The collection and transportation of all sewage from any improved
property utilizing a holding tank may be directed and controlled by
the Township, and the disposal thereof shall be made only at such
site or sites as may be approved by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
(2)
The Township will receive, review and retain pumping receipts from
permitted holding tanks owners, operators or service providers.
(3)
The owner is required to provide annual inspection reports for each
permitted holding tank.
B.
Duties of improved property owner. The owner of any improved property
that utilizes a holding tank shall:
(1)
Maintain the holding tank in conformance with this article or any
ordinance of this Township, the provisions of any applicable law,
and the rules and regulations of the Township and any administrative
agency of the Commonwealth of Pennsylvania.
(2)
Permit the Township or its agent to inspect holding tanks as requested.
(3)
Permit only the qualified and appropriately licensed service providers
to collect, transport, and dispose of the contents therein.
When the Township becomes aware of a violation(s) of this article
or the Township regulations and/or PaDEP regulation related to sewers,
it shall be reported to the Township and/or PaDEP and become subject
to their rules and regulations.
A.
The Township's Code Enforcement Officer shall have the power and
authority to determine all issues relating to compliance with the
provisions of this article, and to bring and prosecute in the name
of the Township enforcement and penalty proceedings for violations
of its provisions.
B.
Appeals from the Code Enforcement Officer's determinations or interpretations
of the provisions of this article shall be taken to the Board 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 may request documentation and consult
with the Township Engineer or other competent authorities as it determines
necessary for just resolution of the appeal, and may impose the reasonable
costs thereof upon the appellant; provided, however, the Board shall
have no jurisdiction to hear or determine any appeal from the action
of the Code Enforcement Officer and/or Sewage Enforcement Officer
in prosecuting a violation of this article in a summary proceeding
before a District Justice.
Any property owner who violates any provision of this article
or who fails to comply with any of its provisions or regulation promulgated
hereunder or who fails or refuses to comply with any lawful notice,
order or direction of the Code Enforcement Officer or authorized agent
issued pursuant to this article shall be guilty of a summary offense,
and upon conviction by a District Justice, shall pay a fine of not
less than $100 nor more than $1,000 together with the costs of prosecution,
and upon default in payment for the fine and costs, shall be subject
to imprisonment in the County Prison for a term not exceeding 30 days.
Each day during which any violation of this article continues shall
constitute a separate offense punishable by like fine or imprisonment.
In the event of the property owners' failure to perform under
this article or any subsequent agreements resulting herefrom, the
Township shall have the right, but not the obligation to perform the
property owner's obligations under this article and/or to pursue whatever
legal or equitable remedy they shall deem appropriate, including but
not limited to, bringing an action for specific performance against
the property owner to compel compliance with this article or any subsequent
agreement resulting herefrom. The property owner shall reimburse the
Township for all costs incurred by the Township in doing so, including
legal fees and court costs. The Township shall also have the right
to file a lien against the property to secure to the Township any
reimbursement of costs due to the Township as well as any and all
rights and remedies as allowed by law.
The Board of Supervisors shall, by resolution, adopt a fee schedule
for the administration of this article. Said schedule shall be kept
on file by the Township Manager and shall be reviewed and revised
as necessary.
