[Ord. 4-2009, 3/12/2009, § 1]
This Part shall be known as the Canton Township "Alternate On-Lot
Sewage System Ordinance."
[Ord. 4-2009, 3/12/2009, § 2]
The Township reaffirms the delegation to the Washington County
Sewage Counsel to administer the requirements of Act 537 and the Canton
Township ordinances governing all aspects of alternate on-lot sewage
collection, treatment and discharge.
[Ord. 4-2009, 3/12/2009, § 3]
The Act of January 24, 1966, P.L. 1535, as amended, 53 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
Any on-lot sewage system so designated as an alternate type
by the Department of Environmental Protection.
A certified Sewage Enforcement Officer, Code Enforcement
Officer, Professional Engineer, Plumbing Inspector, Canton Township
Secretary or any other qualified or licensed person who is delegated
by Canton Township to function within the specified limits as the
agent of Canton Township to carry out the provisions of this Part.
The Board of Supervisors, Canton Township, Washington County,
Pennsylvania.
An individual employed by Canton Township to administer and
enforce other ordinances in Canton Township.
Any system, whether publicly or privately owned, for collection
of sewage from two or more lots, and the treatment and/or disposal
of the sewage on one or more lots or at any other site.
The Department of Environmental Protection 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 the commonwealth.
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into ground
waters of the commonwealth, backs up into the building connected to
the system or otherwise causes a nuisance hazard to the public health
or pollution of ground or surface water or contamination of public
or private drinking water wells. Systems shall be considered to be
malfunctioning if any of the conditions noted above occur for any
length of time during any period of the year.
Soils determined to be unsatisfactory or of limited utility
as drainage for clarified sewage as determined by application of any
or a combination of the following:
Not suitable for installation of standard leach field or sand
mound systems due to the slope of the terrain, proximity to water,
etc., as listed in department criteria.
Tested and classified as unsuitable through standard soil testing/classification
procedures approved by the department.
Demonstrating unsatisfactory or limited utility through percolation
testing by methods approved by the department.
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The decision on classification of soils is made by the Washington
County Sewage Council in consideration of the above and any engineering
data provided by the property owner.
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Canton Township, Washington County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the municipality and approved by the Department
of Environment Resources as described in and required by the Pennsylvania
Sewage Facilities Act.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems including, but not limited to, drip irrigation
systems, AB out systems, small stream discharge systems, community
on-lot systems and any other currently DEP approved and sewage disposal
systems which may be approved by the DEP in the future as an alternate
on-lot disposal system.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term shall include the members of an association,
partnership or firm, and the officers of any local agency or municipal,
public or private corporation for profit or not for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
installation of a subsurface sewage disposal area which is reserved
to allow that installation in the event of the malfunction of the
originally installed alternate on-lot disposal system.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings, and
any noxious or deleterious substances being harmful or toxic 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.
The designated official of Canton Township who issues and
reviews permit applications and conducts such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated thereunder is the WCSA/Council.
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's adopted Act 537
Official Sewage Facilities Plan. A sewage management district may
or may not encompass the entire municipality.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part and other administrative
requirements adopted by Canton Township to effectively enforce and
administer the ordinance.
The Washington County Sewage Council, an intergovernmental
cooperative organization which provides certain services to member
municipalities.
[Ord. 4-2009, 3/12/2009, § 4]
1.
From the effective date of this Part, its provisions shall apply
in any portion of the municipality identified in the municipality's
Act 537 Official Sewage Facilities Plan as a sewage management district.
Within such an area or areas, the provisions of this Part shall apply
to all persons owning any property serviced by a new alternate on-lot
sewage disposal system and to all persons installing or rehabilitating
or repairing on-lot sewage disposal systems with a new alternate type
system. If necessary, the entire municipality may be identified as
a sewage management district.
2.
The provisions of this Part are not applicable to conventional leach
field and sand mound sewage systems.
3.
The provisions of this Part are applicable to all new alternate systems
currently listed in the DEP Alternate Systems Guidance Manual as well
as other alternate on-lot sewage systems subsequently approved by
the Pennsylvania Department of Environmental Protection (DEP).
4.
The provisions of this Part are applicable to alternate on-lot disposal
systems located in subdivisions with marginal condition for long term
use on alternate on-lot sewage disposal.
5.
Canton Township specifically delegates to WCSC the management of
the provisions of this Part, any other Township and DEP requirements,
rules, regulations and provisions regarding municipal governance and
enforcement of alternate on-lot sewage systems except as to malfunction
of any such systems which shall be addressed by the Township and/or
its agent.
6.
The Township and the WCSC shall jointly prepare and approve by resolution,
rules, regulations and requirements for on-lot septic systems applicable
to this Part including permitting approval and maintenance of said
systems.
7.
In order to have a permit issued for a new alternate on-lot sewage
disposal system covered by this Part, the property owner must post
a bond and/or security when required as acceptable by Canton Township
and in the amount set by Canton Township at the time the permit is
to be issued.
[Ord. 4-2009, 3/12/2009, § 5]
1.
Any supplements or revisions to the municipality's Official
Sewage Facilities Plan which are prepared pursuant to the applicable
regulations of the Pennsylvania Department of Environmental Protection
for subdivision or development of land within an identified sewage
management district shall provide for the testing, identification
and reservation of an area of each lot or developed property suitable
for the installation of a replacement alternate on-lot sewage disposal
system. This requirement is in addition to the testing, identification
and reservation of an area for the primary alternate sewage disposal
system.
2.
No permit shall be issued for any proposed alternate on-lot sewage
disposal system on any newly created or subdivided property in any
sewage management district that has any lots designated as marginal
soils unless and until a replacement area is approved, identified
and reserved for the lots with the marginal soils designation. The
replacement area must be identified on the land survey at the time
of subdivision approval.
[Ord. 4-2009, 3/12/2009, § 6]
1.
This section is applicable only when the Township revises its Official
Sewage Facilities Plan and is only applicable to the area or areas
affected by such revision.
A.
Any alternate on-lot sewage system may be inspected by the municipality's
authorized agent at any reasonable time as of the effective date of
this Part. The property owner shall have the authority (right) to
be present during any/all inspections, but may not use this authority
as a de-facto prohibition or long-term (thirty-day) delay of inspection.
B.
The inspection 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 sewage disposal system 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.
C.
The Township's authorized agent shall have the right to enter upon land for purposes of inspection described above, subject to Subsection 1A above.
D.
An initial inspection shall be conducted by the Township's authorized
agent within one year of the effective date of this Part for the purpose
of determining the type and functional status of each alternate on-lot
sewage disposal system in the sewage management district. A written
report shall be furnished to the owner of each property inspected
as evidence of said inspection and a copy of said report shall be
maintained in the municipal records.
E.
A schedule of routine inspections may be established by the Township,
if necessary, to assure the proper function of the alternate on-lot
sewage disposal systems in the sewage management district.
F.
The Township and its authorized agent shall inspect alternate systems
suspected or alleged to be malfunctioning. Should said inspections
reveal that the system is indeed malfunctioning, the Township and
its authorized agent shall take action to require the correction of
the malfunction. If total correction is not technically or financially
feasible in the opinion of the authorized agent and a representative
of the Pennsylvania Department of Environmental Protection, then action
by the property owner to mitigate the malfunction shall be required.
G.
A non-inclusive list of criteria that may be considered to determine
if said alternate on-lot system is suspected of malfunctioning is
as follows:
(1)
Visible sewage discharge to ground surface at leach field.
(2)
Visible discharge pipe(s) to road, ditch, creek or ground surface.
(3)
Excessive surface-of-ground sewage odor.
(4)
Backup of sewage out of system vents or drains.
(5)
Any additional conditions indicating malfunction as defined
earlier in this Part.
H.
In instances where the malfunction can be determined by the Township
Code Enforcement Officer and/or the Washington County Sewage Council
Representative by observation from the public right-of-way or viewable
from private property accessed with the permission of the property
owner, costs of testing to confirm malfunction are borne by the owner
of the system. In cases of "complaint" where the preceding cannot
be verified without entering the subject property, costs will be prepaid
by the party making the complaint.
I.
When a Pennsylvania Department of Environmental Protection authorized
Official Sewage Facilities Plan revision has been undertaken by the
Township, mandatory repair or replacement of individual malfunctioning
sewage disposal systems within the study area may be delayed, at the
discretion of the Township, pending the outcome of the plan revision
process. However, the Township may compel immediate corrective action
whenever a malfunction, as determined by the Township officials and
the Pennsylvania Department of Environmental Protection, represents
a serious public health or environmental threat.
[Ord. 4-2009, 3/12/2009, § 7]
1.
Only normal domestic wastes shall be discharged into any alternate
on-lot sewage disposal system. The following shall not be discharged
into the system:
A.
Industrial wastes.
B.
Automobile oil and other domestic oil.
C.
Toxic or hazardous substances or chemicals including, but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.
Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
[Ord. 4-2009, 3/12/2009, § 8]
1.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code]
2.
The penalty for actual malfunctions of any on-lot sewage septic system
will come under the rules and regulations of the Pennsylvania Code,
Title 73, § 73.11(c), and the Pennsylvania Consolidated
Statutes (Health and Safety) Title 35, § 150.14, Nuisance,
and Title 35, § 750.13, Penalties.
