[Ord. 308, 4/12/2006, § 1]
The name of this Part shall be the "Plainfield Township On-Lot
Sewage Disposal Ordinance."
[Ord. 308, 4/12/2006, § 2]
The words and terms, when used in this Part, have the identical
meanings as those found in the Pennsylvania Sewage Facilities Act,
35 P.S. § 750.1 et seq., and the rules and regulation promulgated
thereunder unless the context clearly indicates otherwise.
[Ord. 308, 4/12/2006, § 3]
1.
The Board of Supervisors of Plainfield Township shall annually appoint
a primary and alternate Sewage Enforcement Officer(s) it deems necessary
to administer Act 537 and the regulations promulgated thereunder.
2.
All Township Sewage Enforcement Officers shall abide by the standards
of conduct specified in 25 Pa. Code, Chapters 71, 72 and 73, of the
Department's regulations. Violation of any of these standards
shall be grounds for dismissal by the Board.
[Ord. 308, 4/12/2006, § 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 of the system or beginning the construction, 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,
or any piping connecting the same. 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.
The Board will issue, deny and revoke permits only by and through
its Sewage Enforcement Officer(s).
3.
If construction or installation of an individual or community sewage
system and of any building or structure for which such system is to
be installed has not commenced within three years after the issuance
of a permit for such system, the said permit shall expire. A new permit
shall be obtained prior to the commencement of said construction or
installation.
4.
Construction of a new sewage system for a newly occupied 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.
5.
The minimum isolation distances prescribed in this Part shall be the same as those indicated in the Department regulations. In addition, isolation distances provided in § 304.1 of the Bushkill Creek, Martins/Jacoby Creek and Delaware River Sub-Basin 1 Watersheds Act 167 Stormwater Management Ordinance [§ 23-304, Subsection 1], as amended, shall be met.
6.
All on-lot sewage disposal systems shall be constructed and/or installed
in strict accordance with the requirements in 25 Pa. Code, Chapters
71, 72 and 73, of the Pennsylvania Department of Environmental Protection
Rules and Regulations, and the requirements of this Part, whichever
are more restrictive.
[Ord. 308, 4/12/2006, § 5]
1.
Application for a permit shall be made by the property owner to the
Township Sewage Enforcement Officer, or Township Secretary and forwarded
to the Sewage Enforcement Officer, prior to the commencement of construction
of any such system or of any building for which such a system is to
be installed.
2.
The application shall contain the following:
A.
The information found on the application form ER-BWQ-290 prescribed
by the Department.
B.
Such further information as may be required by the Township Sewage
Enforcement Officer to insure that the proposed action complies with
the regulations promulgated by the Department.
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Application forms may be obtained from the Township Sewage Enforcement
Officer or Township Secretary.
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3.
When the Township Sewage Enforcement Officer has found an application
incomplete, or the Township Sewage Enforcement Officer is unable to
verify the information submitted, the applicant shall be notified
in writing within seven days, and the time for acting thereon shall
be extended 15 days beyond the date of receipt of adequate supplementary
or amendatory data.
4.
Applications for permits for new sewage systems which are not consistent
with the Official Plan of Plainfield Township shall be denied.
5.
New Sewage Systems.
B.
In the preliminary stage, the applicant obtains a copy of form ER-BWQ290
from the Municipal Sewage Enforcement Officer or Township Secretary,
completes Part I of the form, and submits it along with the appropriate
permit fee to the Township Sewage Enforcement Officer or the Township
Secretary. The Township Sewage Enforcement Officer reviews Part I
and an on-site evaluation is scheduled at a mutually agreed time.
C.
In the site evaluation stage, the Township Sewage Enforcement Officer
observes the soil test pits, percolation tests and slope measurements
and completes Part IV of the application. It shall be the responsibility
of the applicant to prepare the site for inspection, including the
digging of a minimum of one soil test pit, or in accordance with current
DEP policy, at a maximum depth of seven feet, in accordance with 25
Pa. Code § 73.14, any general clearing of the site necessary
to make slope measurements, and arranging for the preparation and
testing of a minimum of one percolation test for both primary and
secondary absorption areas, as appropriate, in accordance with 25
Pa. Code § 73.15. After the site evaluation stage, the applicant
will be notified if the site is suitable, or receive a letter of permit
denial if it is not. The applicant may request the Township Sewage
Enforcement Officer to conduct the required percolation test. In this
case, the permit fee shall be in accordance with the Township Fee
Schedule.
D.
The system design stage involves the completion of Parts II and III
of the application form by the applicant. All application information
and designs must be to scale and locate all the key components with
respect to two intervisible markers in a neat and legible manner and
must show the following:
(1)
All information required under Part III of application.
(2)
All test pits and percolation tests (pass or fail).
(3)
Alternate absorption area location, as appropriate.
(4)
Location, and width of all rights-of-way, easements, building
restriction lines, including any limitations on their use.
(5)
Existing and proposed contour lines at two-foot intervals derived
from a field survey or taken from an approved subdivision plan. Contours
taken from USGS mapping are unacceptable.
(6)
Spot elevations for the following:
(a)
First floor elevation of any structure.
(b)
Elevation at each corner and high point of the proposed absorption
area. If an elevated sand, or an at-grade, absorption area is required,
the existing grades of each corner of the toe of berm shall also be
shown.
(c)
Elevation of existing grade at the proposed septic tank, and
pump tank or lift station, if required.
(7)
All on-lot stormwater management facilities including, but not
limited to, all underground piping, infiltration bed, etc.
(9)
All above items shall be staked in the field and protected by
safety fencing prior to permit issuance, and shall remain undisturbed
and protected until a final certificate of occupancy is issued. The
replacement area shall be protected and undisturbed until the replacement
area is installed.
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The Municipal Sewage Enforcement Officer may provide advice
and assistance, but the system design shall be the responsibility
of the applicant.
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E.
When the Municipal Sewage Enforcement Officer has determined that
the application is complete and meets the requirements of 25 Pa. Code,
Chapters 71, 72 and Chapter 73, of the Department's regulations
and this Part, a permit shall be issued.
F.
Permits shall be issued or denied by the Township Sewage Enforcement Officer in writing within seven days after receiving a complete application for permit, except as shown in Subsection 3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
6.
Repair Sewage Systems.
B.
Preliminary stage, see Subsection 5B.
C.
In the site evaluation stage, the Township Sewage Enforcement Officer
may require and observe soil test pits, percolation tests and/or slope
measurements, and shall complete Part IV of the application. For repair
sewage systems, this soils evaluation is not always required, but
will be required if additional absorption area is required. If percolation
tests are performed, the procedure may follow the procedure outlined
in Subsection 5C.
D.
System design stage, see Subsection 5D.
E.
See Subsection 5E.
F.
Permits shall be issued or denied by the Township Sewage Enforcement Officer in writing within seven days after receiving a complete application for permit, except as shown in Subsection 3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
7.
General Department Requirements.
A.
Any application for a permit for an individual or community sewage
system where a license, certificate or registration or permit is required
from the Department under its regulations shall receive the concurrence
of the Department in writing prior to its issuance by the Township
Sewage Enforcement Officer.
B.
Any application for a permit for an experimental individual or community
sewage system shall receive the concurrence of the Department in writing
prior to its issuance by the Municipal Sewage Enforcement Officer.
Experimental sewage systems shall be subject to the requirements specified
in 25 Pa. Code, Chapter 73, of the Department's regulations.
8.
Inspections.
A.
Prior to any earth disturbance for the installation of the permitted on-lot sewage disposal system, the applicant and/or contractor for the applicant must contact the Sewage Enforcement Officer to arrange for a preconstruction meeting at the site. The location of all items required in Subsection 5D(6)(b) and (c) and the replacement absorption area shall be staked at the time of the meeting. Any changes in the physical conditions of the lands of either the primary or replacement absorption area may result in revocation of the permit, or the requirement to conduct additional soil testing.
B.
In the final inspection stage, the applicant notifies the Township
Sewage Enforcement Officer when the installation is complete and ready
for inspection or re-inspection. The applicant may request additional
inspections required to facilitate construction at the site. Fees
for the additional inspections shall be in accordance with the approved
fee schedule.
C.
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 Township
Sewage Enforcement Officer. The exception is that the applicant may
cover the installation in absence of written approval or disapproval,
at the expiration of 72 hours, excepting weekends and holidays, from
the date the Township Sewage Enforcement Officer receives the notice
to inspect. For purposes of determining the above time limit, the
request shall be made in writing and validated by the Township Secretary.
The Township Sewage Enforcement 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.
D.
Elevated Sand Beds, Elevated Sand Trenches, and At-Grade Beds.
[Ord. 308, 4/12/2006, § 6; as amended by A.O.]
1.
All fees paid under this Part shall be made payable to Plainfield
Township, and shall be in the form of either checks or money orders.
These fees shall be submitted to the Township Secretary. The application
fee portion of the individual permit shall be non-refundable after
being paid.
2.
New system fees and repair system fees as well as any other fees
made or required pursuant to this Part shall be as established from
time to time by resolution of the Board of Supervisors. No increase
in rates, charges or fees may be made except as authorized by the
Township after a public notice for such increase is given and interested
parties have been afforded an opportunity to comment thereon. All
rates, fees and charges shall be reasonable, compensatory and nondiscriminatory.
[Ord. 308, 4/12/2006, § 7]
1.
A permit shall be revoked by the Municipal Sewage Enforcement 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 operations of any individual
or community sewage disposal system covered by any permit issued by
the Township Sewage Enforcement Officer under the provisions of 25
Pa. Code, Chapter 72, of the Department's regulations.
B.
When one or more tests material to the issuance of the permit has
not been properly conducted.
C.
When information material to the issuance of the permit has been
falsified.
D.
When the original decision of the Township Sewage Enforcement 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 25 Pa. Code, Chapter
71, 72 or 73, of the Department's regulations, or any provisions
of this Part.
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.
Upon receipt of written notice of revocation, 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 Part will not be reinstated.
A "new permit" must be applied for and all regulations in place at
the time of the application must be addressed prior to receiving a
permit to utilize the currently unpermitted existing system.
[Ord. 308, 4/12/2006, § 8]
1.
Upon receipt by the applicant of a notice of denial of a permit,
the applicant may request, in writing, within 10 days of receipt of
said notice, a hearing before the Plainfield Township Board of Supervisors.
The Board shall hold a hearing within 30 days after receipt of such
a request. The Department shall be notified of the hearing by the
Board.
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 shall hold a hearing within 30 days after receipt of such
a request. The Department shall be notified of the hearing by the
Board.
[Ord. 308, 4/12/2006, § 9]
Although this is intended to provide guidelines for the proper
installation and design of on-lot sewage disposal systems, nothing
contained herein should be interpreted as a guarantee to the applicants
that systems designed and installed under the provisions of this Part
will function as intended. Uncontrollable variables such as undefined
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 Protection and
this Part are followed.
[Ord. 308, 4/12/2006, § 10]
1.
Any person who shall be found to be discharging untreated or partially
treated sewage to the surface of the ground, or to waters of the commonwealth,
shall be deemed to be creating a nuisance, and upon written notice,
shall be required to repair his or her sewage system to eliminate
such nuisance. A thirty-day limitation for the satisfactory repair
of the system shall be respected.
2.
Any person, firm or corporation who shall violate any provision of
this Part, or the rules and regulations of standards promulgated hereunder,
or who resists or interferes with any officer, agent or employee of
Plainfield Township, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense. Any person found to have violated this Part shall
be required to rectify the violation if such violation is causing
or could cause pollution of a health hazard.
[Ord. 308, 4/12/2006, § 11]
1.
Testing shall be conducted in accordance with the requirements of § 18-105 of this Part for all subdivisions and land developments proposing on-lot sewage disposal as part of the Official Plan revision planning process.
2.
For nonresidential uses and subdivisions involving more than 10 residential
lots or dwelling units, the developer shall contact the Department
of Environmental Protection via Sewage Facilities Planning Module
Application Mailer, (DEP postcard) which may be obtained from the
Sewage Enforcement Officer.
3.
Prior to initiating testing, the developer shall provide a sketch
plan indicating proposed lot layout, and shall have adequate field
survey points set to conduct testing respecting appropriate isolation
distances from lot lines, easements, etc. Any additional testing shall
be marked in the same manner.
4.
The developer shall set up appropriate escrows, prior to testing.
5.
Plans must be provided as supporting documentation to a request for
approval of an Official Plan revision, and these plans shall show
all data required by the Department and shall show among other things.
A.
Proposed and existing building structures.
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 primary on-lot absorption areas and alternate
locations (as appropriate).
G.
All information as prescribed in the sewage facilities planning module
plot plan requirements.
6.
The plans shall show all tested primary and alternate absorption
areas sufficient to illustrate that such systems can be placed while
maintaining required isolation distances.
7.
The applicant requesting that the Township consider an Official Plan
revision shall be responsible for completion of the appropriate components
of the Department sewage facilities planning module 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 25 Pa. Code, Chapter 71, of the Department's regulations.
[Ord. 235, 4/8/1992, § 1]
This Part shall be known as the "Plainfield Township Holding
Tank Ordinance."
[Ord. 235, 4/8/1992, § 2; as amended by A.O.]
This Part is authorized by Pennsylvania Clean Streams Law Act
of 1937, June 22, P.L. 1987, amended by Act of 1965, August 23, P.L.
372, 35 P.S. § 691.1 et seq., the Pennsylvania Sewage Facilities
Act, Act of 1966, January 24, P.L. (1965) 1535, as amended, 35 P.S.
750.1 et seq., and by the applicable regulations of the Department
of Environmental Protection dealing with sewage facility systems,
specifically 25 Pa. Code, § 71.63.
[Ord. 235, 4/8/1992, § 3]
The purpose of this Part is to provide for the installation,
maintenance, and removal of holding tanks; and to provide a means
of assuring that proper security is provided to enable the Township
of Plainfield to properly remove such tanks should the owner thereof
default on his responsibilities and to establish penalties for violations
of this Part.
[Ord. 235, 4/8/1992, § 4; as amended by A.O.]
When used in this Part, the following words shall have the meanings
ascribed to them herein:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., also known as the "Pennsylvania Sewage
Facilities Act."
The Board of Supervisors of Plainfield Township, Northampton
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A retaining tank, either permanent or temporary, to which
sewage is conveyed by a water carrying system.
The Plainfield Township Act 537 Sewage Facilities Plan as
approved by the DEP.
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 or other political subdivision,
municipality, district, authority, or any other legal entity whatsoever
recognized by law. Whenever used in any subsection prescribing or
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 agency or municipality, public or private
corporation whether for profit or not for profit.
A water tank receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site.
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
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 Pennsylvania Clean Streams Law, 35 P.S. § 750.01
et seq.
The official of Plainfield Township who issues permits, reviews
permit applications and sewage facility planning modules, and conducts
investigations and inspections necessary to implement Act 537 and
the regulations thereunder.
[Ord. 235, 4/8/1992, § 5]
The provisions of this Part shall apply to all persons owning
any property within Plainfield Township serviced by a holding tank
for the first time after the effective date of this Part and to all
persons within Plainfield Township installing, repairing, altering,
or removing a holding tank. This Part shall not apply to existing
holding tanks lawfully in use at the time of the enactment of this
Part.
[Ord. 235, 4/8/1992, § 6]
Permits may be issued only for holding tanks of institutional,
recreational, or commercial establishments and which have a sewage
flow of 400 gallons per day or less.
[Ord. 235, 4/8/1992, § 7]
1.
All permits issued shall meet the following requirements:
A.
No person shall install, construct, or alter a holding tank system
without first obtaining a permit indicating that the site and the
plans and specifications of such system are in compliance with the
provisions and standards adopted pursuant to Act 537.
B.
No holding tank shall be covered from view until approval to cover
the same has been given by the SEO. If 72 hours have elapsed, excepting
Sundays and holidays, since the SEO issuing the permit received notification
of completion of construction, the applicant may cover said system
or structure unless permission has been specifically refused by the
SEO.
C.
The Board may require applicants for holding tank permits to notify
the Township's SEO of the schedule for construction of the holding
tank so that inspections in addition to the final inspection required
by Act 537 may be scheduled and performed by the SEO.
D.
No zoning permit, building permit, or occupancy permit shall be issued
by Plainfield Township or its designated Zoning Officer for a building
which will contain a holding tank until a valid permit under this
Part and Act 537 has been obtained from the SEO.
E.
No zoning, building, or occupancy permit shall be issued and no work
shall begin on any alteration or conversion of any existing structure
if served by a holding tank if said alteration or conversion will
result in an increase or potential increase in sewage flows from the
structure until the structure's owner receives from the SEO either
a permit for alteration or replacement of the existing holding tank
or written notification that such a permit will not be required. The
SEO shall determine whether the proposed alteration or conversion
of the structure will result in increased sewage flows.
F.
No building or occupancy permit shall be issued for any structure
to be served by a holding tank until the owner of said structure has
entered into an agreement and provided the security required under
this Part.
G.
A permit for a holding tank may be issued only when the SEO has certified
that an existing system has failed and that the site is unsuitable
for any replacement system so that a holding tank is necessary to
remedy the existing system failure, or in the alternative that the
Board allows such system on the basis that the area where the holding
tank will be installed will be connected to a community sewage system
within one year of the installation of the holding tank so that said
holding tank will be for a temporary measure only.
[Ord. 235, 4/8/1992, § 8]
1.
The SEO shall have the right to conduct inspections of holding tanks
as follows:
A.
The SEO shall conduct, at a minimum, an annual inspection of each
holding tank within the Township and prepare a written inspection
report; one copy of which shall be delivered to the owner of the property
and one copy shall be retained by the SEO.
B.
In addition to required yearly inspections, any holding tank may
be inspected by the SEO at any reasonable time.
C.
All inspections may include a physical tour of the property, the
taking of samples from surface water, wells, other ground water sources,
the sampling of the contents of the holding tank itself and/or the
introduction of a traceable substance into the interior plumbing of
the structure served to ascertain the path and ultimate destination
of wastewater generated in the structure.
D.
The SEO shall have the right to enter upon all land for the purpose
of inspections described above.
[Ord. 235, 4/8/1992, § 9]
1.
Only normal domestic wastes shall be discharged into any holding
tank. The following shall not be discharged into a holding tank system.
A.
Industrial waste.
B.
Automobile oil and/or other nondomestic oil.
C.
Toxic and/or hazardous substances and/or chemicals, including but
not limited to, pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and/or other solvents.
D.
Surface or ground water, including water from roof and/or cellar
drains, springs, basement sump pumps and/or french drains.
[Ord. 235, 4/8/1992, § 10]
1.
Every owner of a lot with a holding tank shall have the following
duties of maintenance:
A.
Any person owning a lot served by a holding tank shall have said
holding tank pumped by a qualified pumper/hauler at least once every
year. The person must submit documentation to the Township SEO illustrating
that the holding tank has been pumped according to this requirement.
B.
This required pumping frequency may be increased at the discretion
of the SEO based upon the officer's inspection of the holding
tank.
C.
Any person owning a property served by a holding 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 tank has been found to be in good working order.
Any person whose tank has been determined to require repair or replacement
shall first contact the SEO for approval of the necessary repair.
D.
In the event that the person who is the property owner of any property
containing a holding tank has failed to submit the above required
receipts to the SEO evidencing that the tank has been pumped on an
annual basis, the Township shall have the ability to have the tank
pumped by a licensed pumper/hauler with the cost to be billed to the
person owning the property upon which the tank is installed. In the
event that said person refuses to pay said bill, the Township may
draw upon the security provided under this Part to pay for said pumping.
[Ord. 235, 4/8/1992, § 11; as amended by Ord. 292,
4/13/2005, § 1]
1.
No person shall operate a holding tank system and no building, zoning
or occupancy permit shall be issued for the occupancy of any structure
if said structure will be served by a holding tank system until said
person has posted security as required under this Part.
2.
Said security shall consist of an irrevocable letter of credit in
an amount sufficient to cover the estimated maintenance and/or pumping
costs of a holding tank for a five-year period of time and also sufficient
to cover the estimated removal cost of said holding tank both as determined
by the Township SEO. Said letter of credit must be issued by a bank
or savings and loan authorized to do business in the Commonwealth
of Pennsylvania and shall be substantially the form attached hereto
as Exhibit A.[1]
A.
Exception. In the event the purpose of the holding tank is to facilitate
a beauty parlor with three chairs or less, then, in that event, the
letter of credit in the amount sufficient to cover the estimated maintenance
and pumping costs of the holding tank shall be for a one-year period.
[1]
Editor's Note: Exhibit A is on file in the Township office.
3.
The said security shall also consist of a holding tank improvement and maintenance agreement to be entered into by the person owning and/or installing said tank by Plainfield Township and by the financial institution providing the letter referred to in § 18-131, Subsection 2, above. Said agreement shall be substantially in the form which is attached hereto and made a part hereof as Exhibit B[2] and shall be prepared by the Township Solicitor.
[2]
Editor's Note: Exhibit B is on file in the Township office.
4.
Said improvements agreement and letter of credit shall permit the
Township to draw upon said letter of credit in order to undertake
required maintenance which the owner of the holding tank has not undertaken
including pumping the holding tank, other maintenance and/or repairs,
and the removal of said holding tank.
[Ord. 235, 4/8/1992, § 12; as amended by A.O.]
1.
No person shall operate and maintain a holding tank in such a manner
that it malfunctions. All liquid wastes, including kitchen and laundry
wastes and water softener backwash, shall be discharged to a tank.
No holding tanks shall discharge untreated or partially treated sewage
to the surface of the ground or into the waters of the commonwealth
unless a permit to discharge has been obtained from the Department.
2.
The Township may issue a written notice of violation to any person
who is the owner of a property in the Township which is found to be
served by a malfunctioning holding tank or which is discharging raw
or partially treated sewage without a permit.
3.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the SEO for a permit to repair or replace the malfunctioning tank.
Within 30 days of issuance of permit, construction of the permitted
repair or replacement shall commence. Within 60 days of the issuance
of a permit by the Township, the construction shall be completed unless
the Township shall extend the period.
4.
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection 3 shall constitute a violation.
5.
The Township's certified SEO 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, or other alternatives as appropriate for the specific site.
6.
In lieu of, or in combination with, the remedies described in § 18-105 above, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
8.
Should none of the remedies described above prove totally said permit
the owner shall complete construction of the system effective in eliminating
the malfunction of an existing holding tank, the property owner is
not absolved of responsibility for that malfunction. The Township
may require whatever action is necessary to lessen or mitigate the
malfunction to the extent that it feels necessary.
9.
Failure of the landowner to take the actions required in this Section relating to malfunctioning systems shall constitute a public nuisance and a violation of this Part, as well as, a violation of § 27-502 of the Plainfield Township Zoning Ordinance, forbidding public nuisances.
10.
Should the remedies provided above not prove effective in eliminating
the malfunction of an existing holding tank, the Township shall have
the remedy of requiring the property owner to remove said system.
Should the property owner refuse to remove said system, then the Township
shall have the ability to accomplish the removal drawing upon the
funds provided under the security agreement entered into between the
property owner and the Township.
[Ord. 235, 4/8/1992, § 13]
The Board of Supervisors shall establish by resolution a schedule
of fees. Costs for the completion of required water quality testing
and Township SEO inspections shall be assessed to the property owner.
It shall be each individual property owner's responsibility to
contract with a qualified pumper/hauler for the pumping of the owner's
septic tank.
[Ord. 235, 4/8/1992, § 14]
Where a property owner or other person fails to maintain, repair
or replace a holding tank system after notice pursuant to the terms
of this Part, such failure shall constitute a public nuisance and
a violation of this Part. The Township may abate the nuisance by performing
the work needed, or by contracting to perform the work needed to abate
the nuisance, and may charge the landowner or other responsible person
for the cost thereof plus a penalty of 20%. Said cost plus penalty
may be collected by an action in assumpsit or by the filing of a Township
lien according to law. Such costs plus penalty may also be drawn from
the irrevocable letter of credit provided the security agreement.
[Ord. 235, 4/8/1992, § 15; as amended by A.O.]
1.
The contents of holding tanks shall be disposed of as follows:
A.
The contents of all holding tanks originating within the Township
shall be disposed of at sites or facilities approved and permitted
by the DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites, and approved farm lands.
B.
Pumper/haulers operating within the Township shall operate in a manner
consistent with the provisions of the Act of July 28, 1988, P.L. 556,
No. 101, as amended, 53 P.S. § 4000.101 et seq., known as
the "Municipal Waste Planning, Recycling and Waste Reduction Act."
[Ord. 235, 4/8/1992, § 16]
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
[Ord. 235, 4/8/1992, § 17]
Any person aggrieved by any notice, action, or determination
may appeal to the Board within 30 days in writing pursuant to the
Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa.C.S.A. §§ 105
and 551 et seq., known as the "Local Agency Law."
[Ord. 235, 4/8/1992, § 18; as amended by A.O.]
1.
Any person who shall violate any of the provisions of this Part,
or who shall fail to act upon notice or determination of the SEO or
other authorized agent of the Township within the time stated in the
notice or determination, upon conviction thereof in an action brought
before a district justice in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. It is further provided as follows:
A.
Each day of violation or continuing violation shall constitute a
separate offense.
B.
Failure to appeal a notice or determination pursuant to § 18-137 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies.
C.
This Part constitutes an ordinance enacted for the purposes of property
maintenance, public health and safety, and for water and air pollution
violations, for the purposes of § 702, clause XLI, of the
Second Class Township Code, as amended, 53 P.S. § 657541.
D.
In addition to all other remedies, the Township may institute suits
in equity to restrain or prevent violations of this Part, or to abate
public nuisances.
E.
The Township may file Township liens for abatement of nuisances in
accordance with law.
