[Adopted 7-26-1984 by Ord. No. 46-1984]
A.
Septic tanks, subsurface waste disposal systems and/or alternative
systems may be used as a means of sanitary waste disposal in the Township
of Carroll. These systems are an adequate and beneficial system of
domestic waste disposal if properly installed, operated and maintained
and are an economically feasible alternative to costly sanitary sewer
systems. However, they may constitute a problem in the Township because
of the following reasons:
B.
The Carroll Township Act 537 Sewage Facilities Plan has identified
several areas of the Township in which patterns of malfunctions in
on-site sewage disposal systems have occurred or are likely to occur.
This article establishes an On-Site Sewage Management District encompassing
those portions of the Township in which special measures are deemed
necessary to prevent and eliminate on-site sewage disposal system
malfunctions and to alleviate the harmful effects of such malfunctions
for the purpose of regulating the installation, inspection, maintenance,
operation, rehabilitation and replacement of existing and future subsurface
waste disposal systems and/or alternative systems; and setting forth
charges and fees for such services, pursuant to statutory authority
of the Township of Carroll.
A.
ALTERATION
ALTERNATIVE SYSTEM
AUTHORIZED AGENT
CODE ENFORCEMENT OFFICER
MANAGEMENT DISTRICT or DISTRICT
(1)
(2)
SEPTIC TANK
SEWAGE ENFORCEMENT OFFICER
SEWERAGE PERMIT
SUBSURFACE WASTE DISPOSAL SYSTEM
As used in this article, the following terms shall have the meanings
indicated:
The repair, modification, or replacement of any component
of a subsurface waste disposal system and/or alternative system.
A system for the disposal of domestic wastewaters not operating
below ground level, but located on or near the site of the building
or buildings being served (e.g., composting toilets, gray water recycle
systems, incinerating toilets, spray irrigation and black water recycle
systems, sand mount, at-grade, etc.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A licensed sewage enforcement officer, professional engineer
or sanitarian, plumbing inspector, soils scientist, or any other qualified
or licensed person who is delegated to function within specified limits
as the agent of the Township of Carroll to carry out the provisions
of this article. The term "authorized agent" may include any municipal
authority created by the Township or under contract with the Township.
A person authorized by the Township to issue zoning permits,
building permits and permits to occupy a building or structure within
the Township.
The Management District shall encompass those portions of the
Township designated as "On-Lot Management District" on Exhibit XI,
Carroll Township Act 537 Sewage Facilities Plan Revision and Update,
dated December 28, 2001, together with such additional areas of the
Township as may be so designated in future additions or revisions
to the Carroll Township Act 537 Sewage Facilities plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Management District shall not include any property served
by a community sanitary sewage system, or for which such service is
available.
This shall include any receptacle which accepts domestic
wastewater and includes, but is not limited to, septic tanks, grease
traps, holding tanks, cesspools, pump tanks, transfer tanks, and privy
vaults.
[Added 10-5-1999 by Ord.
No. 1999-119]
A person authorized by the Pennsylvania Department of Environmental
Protection as per Chapter 71, Administration of Sewage Facilities
Program, of Title 25, Rules and Regulations; to perform percolation
tests, inspections, site and soil evaluations, and issue sewerage
permits for on-lot disposal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Proof or evidence that the proposed subsurface waste disposal
system and/or alternative system for a realty improvement is in compliance
with Chapter 73, Standards of Sewage Disposal Facilities, of Title
25, Rules and Regulations, Department of Environmental Protection
and/or any ordinance of this Township regulating subsurface waste
disposal and/or alternative systems.
A system for the disposal of domestic waste-waters operating
below ground level and located on or near the site of the building
or buildings being served by the system (e.g., septic tank or aerobic
unit with discharge effluent flowing to drainage field, sand mound
or an evapotranspiration bed). The term "subsurface waste disposal
system" shall also include a holding tank, cesspool and privy vault.
[Amended 10-5-1999 by Ord. No. 1999-119]
B.
All other definitions or words and terms used in this article shall
have the same meanings as set forth in Chapter 73, Standards for Sewage
Disposal Facilities, of Title 25, Rules and Regulations, Department
of Environmental Protection.
A.
Sewerage permits in compliance with Chapter 73, Standards for Sewage
Disposal Facilities, of Title 25, Rules and Regulations, Department
of Environmental Protection, and/or any ordinance of this Township
regulating the design, installation and alteration of subsurface waste
disposal systems and/or alternative systems, shall be issued by the
Sewage Enforcement Officer in connection with the Management District.
The Township shall retain final authority for the conditions and issuance
of sewerage permits. Sewerage permits shall incorporate, at a minimum,
all the requirements of this article relating to inspection, maintenance,
operation and right of entry, among others.
B.
Chapter 450, Zoning, is amended as follows:
"The Code Enforcement Officer of the Township of Carroll shall
not issue a zoning permit or a certificate of occupancy for a building
which is serviced by a subsurface waste disposal system and/or alternative
system prior to receiving approval from the Sewage Enforcement Officer
certifying that the installation or rehabilitation is complete and
complies with state and local regulations."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The owner of any building serviced by a subsurface waste disposal
system and/or alternative system within the Management District shall
be a member of the Management District subject to all of the requirements
contained herein.
B.
"Owner" is defined to include a natural person, corporation, partnership.
If the owner does not live in said building, she/he/it remains responsible
for complying with this article. Responsibility for compliance may
be transferred to the lessee or resident of the building by an agreement
between the owner and lessee or resident. The Township will not recognize
said agreement until notified in writing. If the lessee or resident
shall move out of the building, responsibility for compliance shall
revert back to the owner even though a valid agreement with the lessee
or resident continues to exist.
C.
Upon transfer of responsibility for compliance, the owner shall provide
the lessee or resident with a copy of all information concerning prior
installation, operation, and maintenance of the subsurface waste disposal
system and/or alternative system and a copy of an abstract of pertinent
information and regulations as regulated by this article and distributed
by the Management District.
D.
Upon transfer of responsibility for compliance in accordance with
the above requirements, all references to "owner" in this article
shall hereinafter refer to the lessee or resident of the building.
E.
Any owner of improved property located in Carroll Township, but which
is not within the Management District, may become a member of the
Management District by executing a contract with the Township or its
authorized agent whereby said property owner agrees to abide by and
be subject to all of the rules and regulations governing members of
the District. The minimum duration of any such contract shall be six
years.
F.
The owner of a subsurface waste disposal system and/or alternative
system who fails to become a member of the Management District remains
responsible for compliance with all local and state laws prohibiting
pollution of surface and ground waters and potable water supplies,
nuisances, health hazards, and violation of the conditions of a sewerage
permit issued by the Sewage Enforcement Officer prior to the enactment
of this article.
A.
A "small community system" is any subsurface water disposal system
and/or alternative system which services two or more buildings on
different sites.
B.
Privately owned small community systems are subject to the same requirements
of this article as individual subsurface waste disposal systems and/or
alternative systems. In addition, the following shall be applicable
to small community systems:
(1)
A list of the names and addresses of all participants in the small
community system shall be provided to the Township or its authorized
agent;
(2)
Participants shall be equally liable for expenses incurred by the
Township or its authorized agent on the shared component of the community
system unless they have decided among themselves to assume unequal
burdens of responsibility for the system, in which case, the Township
shall assess expenses incurred accordingly; and
(3)
Expenses incurred on the individual property of participants by the
Township or its authorized agent shall be assessed against the individual
participant.
C.
Participants in a small community system shall be assessed directly
for expenses incurred by the Township or its authorized agent unless
an organization exists that manages the system, in which case the
Township may deal solely with that organization. The Township may
own and operate small community systems. It may build such systems
from funds obtained from governmental sources or private parties,
or it may accept as a gift a completed system if it includes the right
of entry to the system or grants an easement to the property, whether
presently in use or prior to use. Acceptance of such a gift shall
be contingent on obtaining from participants in the system the agreement
to become members of the district.
A.
All subsurface waste disposal systems and/or alternative systems
located within the Management District shall be inspected by the Township
or its authorized agent within one year of the effective date of this
article and every three years thereafter to determine whether or not
the system is operating properly. Such inspection may occur in different
months of each inspection year and shall include inspection of the
septic tank, aerobic tank, disposal field, distribution box and any
other component of the system. Inspection may include sampling of
soils in and around the disposal field, surface water on or adjacent
to the property, and groundwater from active or inactive wells used
for potable water supply or from monitoring wells in and around the
disposal field.
B.
The Township may increase the frequency of inspection if the system is presently malfunctioning, if a regular inspection reveals a malfunctioning system, if the system has malfunctioned in the past, if tank pump-out is required less than every three years pursuant to § 308-7, if seasonal use will significantly increase use of the system, if the number of people using the system increases, and for other good cause shown. A system owner may appeal for an increase in the frequency of inspection through the administrative appeal process detailed in § 308-16.
C.
A subsurface waste disposal system and/or alternative system is malfunctioning
when it causes pollution of ground or surface waters, contamination
of private or public drinking water supplies, nuisance problems, or
a hazard to the public health. Indications of a malfunctioning system
may include, but are not limited to, foul odors, lush grass growing
over the system, backup of wastewater into the attached building,
soggy ground over the system, surfacing sewage effluent flowing over
the ground and occurring at any time of the year.
D.
A copy of the inspection report shall be furnished to the owner and
shall contain the date of inspection, name and address of system owner,
a description and diagram of the location of the system including
the location of access hatches, risers, and markers, the size of the
tank and disposal field, the number of users, any indications of system
malfunction observed, the results of all soil and water tests and
required remedial action.
E.
All subsurface waste disposal systems and/or alternative systems
which are installed or rehabilitated within the Management District
after the effective date of this article shall be built with:
(1)
A marker or markers at ground level locating the subsurface waste
disposal tank and any other components of the system which require
periodic inspection and maintenance; and
(2)
A riser and access hatch so constructed as to enable easy access
to the waste disposal tank, to prevent odors from escaping and to
prevent children from removing the hatch. Accessibility for visual
inspection and maintenance in the drainage fields shall be provided
via four-inch vertical nonperforated PVC pipes connected directly
to the drain tile at a minimum of three locations in the drainage
field. If not installed by the Township or its authorized agent, such
installation shall be subject to Township approval.
A.
The septic tanks of subsurface waste disposal systems shall be pumped
out within two years of the effective date of this article and every
three years thereafter. The aerobic tanks of subsurface waste disposal
systems shall be maintained within six months of the effective date
of this article and quarterly thereafter by the Township or authorized
personnel.
B.
The Township may require septic tanks to be pumped out at more frequent intervals for proper operation of the system if it finds that the system is malfunctioning, that the system has malfunctioned in the past, that seasonal use will significantly increase use of the system, that the number of people using the system has increased, that a garbage grinder has been installed in a building serviced by an existing system before the effective date of this article, or for other good cause. The Township shall end its requirement for increased frequency of pump-out upon termination of the factor causing said requirement. A subsurface waste disposal system and/or alternative system owner may appeal the Township's determination of an increase in frequency of pump-out through the administrative appeal process set forth in § 308-16.
C.
Pumping of tank.
(1)
The Township may allow septic tanks to be pumped out at less frequent
intervals when the owner can demonstrate to the Township that the
system can operate properly without the need for pump-out for a period
longer than three years, but in no case shall such period extend beyond
six years. Such a request may be made at any time and must be in writing
with all supporting documents attached. The Township, in making its
determination, shall take into account the information submitted by
the applicant, the sewerage permit issued by the Sewage Enforcement
Officer upon installation or Rehabilitation of the system and supporting
documentation, reports of inspection, and maintenance of the system
and other relevant information, and may conduct an on-site inspection.
The applicant shall bear the cost of any inspection, surface or subsurface
and soil or water sampling conducted for the purposes of evaluating
the request. The applicant shall receive a decision within 90 days
of accumulation of all necessary information by the Township or its
authorized agent.
(2)
The Township may allow septic tanks to be pumped at a less frequent
interval when the owner can demonstrate to the Township the existence
of one of the following conditions:
[Added 3-3-1998 by Ord.
No. 1997-111]
(a)
Where a new on-lot septic system has been installed or repairs
involving the replacement of seepage beds have taken place which were
installed within the previous two calendar years and where this included
inspection by the Township Sewage Enforcement Officer. A copy of the
sewage disposal system permit is required to document the date of
installation.
(b)
Where repairs have been made to on-lot septic systems other
than a seepage bed replacement within the previous calendar year and
where an inspection by the Township Sewage Enforcement Officer was
required. A copy of the sewage disposal system permit is required
to document the date of repair.
(c)
Where a property is sold and the transaction requires the on-lot
septic system to be inspected and certified by a certified pumper
and this inspection by the certified pumper occurs within one calendar
year prior to the triannual pumping and the Township Sewage Enforcement
Officer receives a copy of the pumper's inspection report.
D.
The frequency of pump-out of septage, solid and semisolid residue
from aerobic units and alternative systems and other necessary maintenance
shall be determined by the Township upon consideration of the size
of the receiving tank or similar structure, the number of people served,
the current literature, factors unique to the system and other relevant
factors, on a case-by-case basis.
E.
Any system which contains two disposal fields shall alternate the
use of those fields every six months in order to allow the other field
to "rest" and rejuvenate its disposal capacity.
F.
The Township may require other maintenance activity during regularly
scheduled pump-out of the septic tank, such as cleaning and unclogging
of pipelines connecting the tank and disposal field and cleaning of
the distribution box and mechanical equipment.
G.
If an inspection of the system reveals the need to pump out the tank
prior to its next regularly scheduled pump-out or for other necessary
maintenance, the owner shall complete the necessary maintenance activity
within 30 days of the inspection. If such activity is not complete
within this time period, the Township, its authorized agent, or a
private party under contract to the district may undertake the required
activity and the district shall assess the owner for costs incurred.
H.
Any holding tank located within the Management District shall be
pumped out as needed at intervals determined by the Township or its
authorized agent.
A.
Pumper's report/receipt.
(1)
Each time a septic tank or other subsurface waste disposal system
tank is pumped out, the Township, its authorized agent, or a private
septage waste hauler, whichever provides the service, shall provide
to the owner of the subsurface waste disposal system a signed receipt
containing the following information:
(a)
Date of pumping;
(b)
Name and address of system owner;
(c)
Address of tank's location if different from owner's;
(d)
Description and diagram of the location of the tank, including
the location of any markers, risers, and access hatches;
(e)
Size of the tank;
(f)
Age of the system;
(g)
Last date of pump-out;
(h)
List of other maintenance performed;
(i)
Any indications of system malfunction observed;
(j)
Amount of septage or other solid or semi-solid material removed;
(k)
Cost of the pumping service;
(l)
Waste hauler's state license number permitting it to collect
and haul septage in the Commonwealth of Pennsylvania;
(m)
List of recommendations.
A.
Any subsurface waste disposal system and/or alternative system or
component thereof which is found to be malfunctioning and causing
pollution of ground or surface waters, contamination of private or
public drinking water supply, a nuisance, or a hazard to the public
health, shall be repaired, modified, or replaced, pursuant to the
order of the Township or its authorized agent to correct the condition
caused by the malfunction. Rehabilitation shall be performed in accordance
with Chapter 73, Standards for Sewage Disposal Facilities, of Title
25, Rules and Regulations, Department of Environmental Protection.
The Sewage Enforcement Officer shall inspect rehabilitation and certify
their compliance with state and local standards. The Township shall
retain final authority for the conditions and issuance of sewerage
permits.
B.
The Township shall have the authority to order the repair of any
existing subsurface waste disposal system and/or alternative system,
including, but not limited to, the installation of a new conventional
drainage field, the construction of elevated sand mounds to replace
an existing disposal field, the addition of dosing tanks and distribution
boxes to the system, the replacement of any component of the system,
and the replacement of an existing septic system with a completely
different system such as an aerobic system, a holding tank, or a waterless
toilet. The Township shall also have the authority to require two
or more buildings serviced by malfunctioning septic tanks and subsurface
drainage fields to hook up to a small community system.
C.
Rehabilitation of a subsurface waste disposal system and/or alternative
system ordered by the Township shall commence construction within
30 days of issuance of said order and shall be completed within 90
days unless seasonal conditions mandate a longer period, in which
case the Township shall set the extended completion date. If construction
is not commenced or completed within the allotted time period, the
Township, its authorized agent, or a private party under contract
to the Township may undertake the required rehabilitation. If performed
by a private party at the direction of the Township, the private contractor
shall be paid by the Township for work performed. The Township shall
assess the system's owner for costs incurred.
D.
The owner of a subsurface waste disposal system and/or alternative
system shall not undertake any independent repair, modification or
replacement of the system without prior notice to and approval of
the Township. Upon completion, the Sewage Enforcement Officer shall
inspect the rehabilitated system and certify its compliance with state
and local standards prior to its use.
E.
The Township may apply for federal and state grants, if available,
to be used for the rehabilitation of subsurface waste disposal systems
and/or alternative systems.
A.
The Township shall distribute to all existing and new members of
the Management District a copy of an abstract of pertinent information
and regulations as regulated by this article. Appropriate literature
and publications discussing care and maintenance of septic tanks,
aerobic units, waterless toilets, and other subsurface waste disposal
systems shall be distributed to those members who utilize such systems.
B.
Water use.
(1)
Members shall be encouraged to minimize water use and install water-saving devices in order to increase the efficiency and promote the long life of the on-site system. Literature on water conservation practices and devices shall be distributed to district members. Water conservation practices shall be looked upon favorably in the consideration of a request for less frequent pump-out and maintenance of a system as provided for in § 308-7.
(2)
The following shall be considered as maximum allowable water usage
limits where a home is to be considered as utilizing water conservation
practices:
C.
Only sewage and normal domestic wastes shall be discharged into the
subsurface waste disposal system and/or alternative system. The following
wastes shall not be discharged into the system:
D.
After the effective date of this article, it shall be unlawful for
any person to install a garbage disposal unit or garbage grinder in
any building located within the Management District unless the garbage
disposal unit or garbage grinder is constructed or installed in such
a way as to prevent the garbage grindings from being discharged into
the subsurface sewage disposal system.
A.
Employees and authorized agents/personnel of the Township shall,
upon presentation of proper credentials and identification, be permitted
to enter upon all properties which are subject to this article for
the purpose of inspection, observation, sampling, maintenance and
rehabilitation of subsurface waste disposal systems or other alternate
systems in accordance with the provisions of this article.
B.
The right to enter shall include the right to excavate any part of
the property to inspect, maintain, or alter any component of the subsurface
waste disposal system and/or alternative system or to sample soil,
water or septage. Upon completion of the activity requiring excavation,
the Township or its authorized agent shall return the land to its
former condition as soon as possible.
C.
The Township, or its authorized agent, shall provide seven days'
notice to the owner of the subsurface waste disposal system and/or
alternative system prior to entry onto the property for regularly
scheduled inspection or maintenance. At least 24 hours' notice
shall be required prior to inspection, observation, sampling, maintenance
or rehabilitation when the Township or its authorized agent suspects
the subsurface waste disposal system and/or alternative system is
malfunctioning, is about to malfunction, is being operated improperly,
or is causing a nuisance, water pollution, or a public health hazard.
Any person, partnership, corporation or subdivision which obtains
ownership of any building within the Management District serviced
by a subsurface waste disposal system and/or alternative system subsequent
to the enactment of this article shall automatically become a member
of the Management District upon transfer of ownership of said building.
Any septage waste hauler who violates any federal, state or local laws or regulations pertaining to disposal of septage or waste sludge may be prohibited by the Township from operating in the Management District. Whenever a septage waste hauler has been prohibited from operating within the Management District, the party aggrieved by such action may appeal through the administrative appeal process detailed in § 308-16 of this article.
A.
Charges for services.
(1)
Charges for services rendered by the Township or its authorized agent
shall be those established by resolution of the Board of Supervisors
from time to time. Information on charges for services performed by
the Township or its authorized agent may be obtained at the Township
office during normal business hours.
(2)
Charges for services rendered by private parties under contract to
the Township shall be determined by negotiation with the Township.
Charges for maintenance and rehabilitation services rendered by private
parties not under contract to the Township shall be determined by
their prevailing commercial rates.
B.
The Township shall have the authority to contract with any private
person, partnership or corporation or any public agency to undertake
any activity necessary to fulfill the requirements of this article.
C.
Charges for services performed by the Township shall be payable to
the Township. Charges for services performed by a private party under
contract to the Township or to a member of the district shall be payable
directly to the private party.
D.
Members of the Management District shall be billed quarterly for
those costs payable to the Township or such other person or entity
as the Township may designate, payable within 30 days. Thereafter,
a late payment penalty of 1% per month for each month in which payment
was not made will be assessed. Annual administrative expenses shall
be billed in equal amounts annually. Outstanding charges shall constitute
an assessment and lien against the property and shall be filed with
the Township Solicitor.
E.
Septage waste haulers which dispose of septage at sites or facilities
operated by or under contract with the Township shall be charged at
a rate determined by the Township specified in the contract. This
rate may differ for disposal at different types of sites and facilities.
The Management District shall be administered under the jurisdiction
of the Township of Carroll and its employees, facilities and equipment
may be utilized in conducting the activities of the district.
A.
Personnel. The Township may contract with private parties or public
agencies to conduct inspections, maintenance, rehabilitation, and
other activities authorized by this article.
B.
Records.
(1)
All permits, records, reports, files and other written material relating
to the installation, operation, maintenance and malfunctioning of
subsurface waste disposal systems and/or alternative systems in the
Management District in the possession of the Sewage Enforcement Officer
or other public agency shall become the property of the Township.
(2)
Records in the possession of the Township shall be available for
public inspection during regular business hours at the office of the
Township.
C.
Equipment. The Township may purchase the following equipment for
use in carrying out the requirements of this article:
A.
Appeals from decisions of Township employees or authorized agents under this article shall be made to the Board of Supervisors of Carroll Township, in writing, within 30 days from the date of the decision concerning frequency of inspection (§ 308-6), frequency of maintenance (§ 308-7), and disposal of septage (§ 308-13).
B.
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting, if made at least
14 days prior to the meeting. If made within 14 days of the next meeting,
the appeal shall be heard at the subsequent meeting. The Board of
Supervisors shall thereafter reverse, modify, or affirm the aforesaid
decision. The hearing may be postponed for good cause shown. Additional
evidence may be introduced at the hearing, provided it is submitted
with the written notice of appeal.
C.
A decision shall be rendered within 30 days of the date of hearing,
or by the next regularly scheduled meeting of the Board of Supervisors,
whichever is later. If a decision is not rendered within 30 days,
the relief sought by the appellant shall be deemed granted.
A.
Any subsurface waste disposal system and/or alternative system owner found to be violating any of the provisions of this article shall be served by the Township with written notice stating the nature of the violation and the penalties prescribed in Subsection B and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any subsurface waste disposal system and/or alternative system owner who shall violate the provisions of this article or who shall continue any violation beyond the time limit provided for in Subsection A above 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 article that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
