[Adopted 9-19-2016 by Ord. No. 2016-07]
A certain document, three copies of which have been and are
presently on file in the office of the Secretary of the Township of
Union, being marked and designated as Chapters 71, 72, and 73 of Title
25 of the Pennsylvania Code, being promulgated by the Department of
Environmental Protection of the Commonwealth of Pennsylvania, be and
are hereby adopted as the sewage permit application and installation
procedure of the Township, and each and all of the regulations contained
in the said chapters are hereby adopted by the Township except as
modified by this article. It is the intent of the Board to adopt all
subsequent amendments and revisions to the said chapters as permitted
by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a).
If such intent is found invalid by a court of competent jurisdiction,
it is the intent of the Board of Supervisors of Union Township to
adopt the said chapters as they existed on the effective date of this
article.
A.
General terms. In the interpretation of this article, the singular
shall include the plural, and the masculine shall include the feminine
and the neuter.
B.
Specific terms. All words and phrases not otherwise defined herein
shall have the meanings provided in Section 2 of the Act, 35 P.S.
§ 750.2; Section 71.1 of the Department's Regulations, 25
Pa. Code § 71.1; or Section 73.1 of the Department's Regulations,
25 Pa. Code § 73.1; or the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
C.
ACT
BOARD
CLEAN STREAMS LAW
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
DEVELOPER
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LAND DEVELOPMENT
LOT
MALFUNCTION
MANIFEST
NONSTANDARD SYSTEM
OFFICIAL PLAN
OLDS
PERMIT
PERSON
PLANNING COMMISSION
PLANNING MODULE FOR LAND DEVELOPMENT
REPLACEMENT LOCATION
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
TOWNSHIP
UTMA
For the purposes of this article, the listed terms shall be construed
to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The Board of Supervisors of Union Township, Berks County,
Pennsylvania.
The Act of June 22, 1937, P.L. 1987, No. 394, as amended,
35 P.S. § 691.1 et seq.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots, and the treatment and/or disposal of the sewage
or industrial waste on one or more of the lots or at any other site,
and which shall comply with all applicable regulations of the Department.
Notwithstanding the foregoing, the sewage collection, transmission
and treatment systems of the UTMA shall not be considered community
sewage systems for the purposes of this article.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Any person who files a planning module for land development
with the Township; or who files an application for approval of a subdivision
or land development plan proposing the subdivision or development
of land within the Township; or who makes application for a permit;
or who makes an application for a zoning permit under the Union Township
Zoning Ordinance;[1] or who installs, repairs, modifies, or alters an OLDS
or community sewage system serving properties within this Township
other than a governmental entity.
Any 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 and any waters of the Commonwealth of Pennsylvania
and which is located upon the lot which it serves. The term also includes
an OLDS which meets the definition of "non-standard system."
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
A parcel of land used or intended to be used as a building
site or a separate parcel to be created as a result of approval of
a subdivision or land development application or a condominium unit.
The term "lot" shall include parcels equal to or greater than one
acre in size where the lot may be occupied by one or more persons
or families.
The condition which occurs when an OLDS or community sewage
disposal system discharges sewage onto the surface of the ground,
into groundwaters of the commonwealth, or into surface waters of the
commonwealth, backs up into the building connected to the OLDS or
community sewage disposal 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. An OLDS or community sewage
disposal system shall be considered to be malfunctioning if any of
the conditions set forth in this definition occur for any length of
time during any period of the year.
A written report made to the Township by a licensed septage
pumper/hauler providing service to an OLDS within the Township which,
at a minimum, contains the name and address of the licensed septage
pumper/hauler, the name of the property owner, the address of the
property upon which the OLDS is located, a description of all services
performed by the licensed septage pumper/hauler, the location at which
any sewage or solids removed from the OLDS will be disposed, a description
of the condition of the OLDS, a statement noting whether any malfunctions
of the OLDS were observed, and a statement noting all maintenance
or repairs to the OLDS performed.
An OLDS which has any equipment which is not commonly found
on an OLDS within Berks County or an OLDS which has been modified
to address groundwater contamination or other environmental issues
or any OLDS which requires additional approvals from the Department
or a modification or amendment to Union Township's Official Plan.
An Act 537 Sewage Facilities Plan (joint or otherwise) for
the provision of adequate sewage disposal systems adopted by the Township
and approved by the Department in accordance with the Act and with
applicable Department regulations.
An individual on-lot sewage disposal system.
A permit issued by the Sewage Enforcement Officer after the
performance of tests to determine suitability to authorize the initial
installation of an OLDS or the repair, replacement or enlargement
of an existing OLDS.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate,
or other legally recognized entity. Whenever the term "person" is
used in connection with any clause providing for the imposition of
a fine or penalty or the ordering of the action to comply with the
terms of this article, the term "person" shall include the members
of an association, partnership or firm and the officers of any public
or private corporation, whether for profit or not-for-profit.
The Union Township Planning Commission.
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with Department regulations.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
Any person licensed by the Department or other governmental
agency to remove septage or other solids from treatment tanks of OLDS
or community sewage disposal systems, holding tanks, privies, aerobic
tanks, cesspools, or any other sewage disposal facility within Union
Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health or to animals or aquatic life or to the use of
water for domestic water supply or for recreation or which constitutes
pollution under the Clean Streams Law.
The Sewage Enforcement Officer of Union Township, Berks County,
Pennsylvania.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended
and reenacted, 53 P.S. § 10101 et seq.
The Township of Union, Berks County, Pennsylvania.
The Union Township Municipal Authority of Berks County, Pennsylvania.
From the effective date of this article, its provisions shall
apply in any portion of the Township identified in the Official Act
537 Sewage Facilities Plan as a sewage management district. Within
such area or areas, the provisions of this article shall apply to
all persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
A.
All landowners, developers and contractors who desire to install,
repair, modify or alter an OLDS in the Township shall obtain a permit
from the Sewage Enforcement Officer prior to the commencement of such
work. All landowners, developers and contractors who desire to repair,
modify, alter or replace any OLDS or component of an OLDS which is
or may be malfunctioning shall obtain a permit from the Sewage Enforcement
Officer prior to commencement of any work. All work performed under
any permit shall comply with the following regulations:
(1)
The holder of a permit and the contractor performing work under such
permit shall notify the Sewage Enforcement Officer at least three
working days before commencing installation, repair, modification
or alteration of the OLDS in order that one or more inspections in
addition to the final inspection required by the Department may be
scheduled and performed by the Sewage Enforcement Officer.
(2)
Any OLDS permit providing for the installation or repair of a septic
tank shall require that the septic tank contain septic solid retainers
of the type as specified by the Department's regulations. This is
to obtain the highest-quality effluent.
(3)
If construction or installation of the OLDS and of any building or
structure for which such OLDS is to be installed has not commenced
within three years after the issuance of the permit for such OLDS,
the permit shall expire. The landowner and/or contractor shall obtain
a new permit prior to commencement of the installation, repair, modification,
replacement, or alteration of the OLDS.
(4)
The holder of the permit and the contractor performing work under
a permit to repair, modify, alter, or replace an OLDS which is malfunctioning
or which may be malfunctioning shall notify the Sewage Enforcement
Officer within 24 hours after completion of the work. The Sewage Enforcement
Officer shall inspect the repaired, modified, altered, or rehabilitated
OLDS to ensure compliance with the regulations and this article.
(5)
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until either the structure's
owner receives a permit for alteration or replacement of the existing
sewage disposal system, or until the structure's owner and the appropriate
officials of the Township receive written notification from a Sewage
Enforcement Officer that such a permit will not be required. The Sewage
Enforcement Officer shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
B.
The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable initial location and a replacement location have been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Board granting relief from the designation of a replacement location in accordance with § 156-49 of this article or unless such permit is requested to repair a malfunction of an existing OLDS.
A.
No requests for approvals of planning modules for subdivision and/or
land development and no revisions or supplements to the Official Plan
shall be granted unless the applicant presents to the Board evidence
that each lot or lot to be created contains a suitable location for
the installation of an initial OLDS.
B.
Further, testing for a replacement location for an OLDS shall be
required for all lots or lots to be created which are not serviced
or to be serviced by the sewer system operated by the UTMA or for
which a valid permit for an OLDS has not been issued.
C.
All tests required by the Department and this article for the location
of an OLDS to confirm the suitability of the initial and replacement
locations shall be performed as approved by the Department, including
isolation distances, and with the terms of this article and any other
applicable Township ordinances.
A.
Each person who shall apply for a permit under the Township Zoning
Ordinance[1] or for a permit for an OLDS (other than a permit for a
repair to or modification of an existing OLDS) or who shall request
approval of a planning module for land development or the adoption
of a revision or supplement to the Official Plan or who shall file
an application for subdivision or land development approval which
proposes sewage disposal by means of an OLDS shall demonstrate to
the satisfaction of the Sewage Enforcement Officer that a suitable
area exists on the lot or on each lot to be created for an initial
OLDS and for the replacement location. All tests required by the Department
and this article for the location of an OLDS to confirm the suitability
of the replacement location shall be performed as approved by the
Department. Allowance of open land for the replacement location without
testing performed or observed by the Sewage Enforcement Officer shall
not constitute compliance with the requirements of this section.
B.
The developer shall identify the location of the initial OLDS and
the replacement location as confirmed by the Sewage Enforcement Officer
on the plot plans and diagrams submitted as a part of the subdivision
or land development plan and as part of the permit application.
C.
If the application has been submitted as a part of an application
for approval or review of a planning module for land development,
the developer shall identify the location of each OLDS and each replacement
location upon the plans. If the application is for subdivision or
land development approval, the developer shall include a note on the
plans stating that no improvements shall be constructed upon the replacement
location, and the deed to each lot created as a part of the subdivision
or land development shall contain language reflecting this limitation.
D.
Any revisions to a permit affecting a replacement location which
previously has been issued pursuant to the provisions of this article
shall be approved by the Board. Any revisions to a subdivision or
land development plan affecting a replacement location which has been
previously approved pursuant to the provisions of this article shall
be approved by the entity with power to approve subdivision and land
development plans in the Township.
No person shall construct or install any permanent or temporary
improvements of any character, other than the planting of trees, shrubs,
or other plant matter, upon the replacement location, unless the person
who desires to construct such improvements shall demonstrate to the
satisfaction of the Sewage Enforcement Officer that an alternate replacement
location which complies with all applicable regulations of the Department,
this article and all other applicable Township ordinances exists upon
the lot. If such an alternate replacement location shall be identified,
the alternate replacement location may be considered to be the replacement
location required by this article and shall be designated as the replacement
location. The newly designated replacement location shall thereafter
be considered the replacement location for the purposes of this article.
If any lot held in single and separate ownership as of the effective
date of this article shall not contain land suitable for a replacement
location, the applicant for a permit under the Union Township Zoning
Ordinance or an installation permit for an OLDS may request that the
Board grant an exception to the requirement of providing a replacement
location. Applicants for relief under this section shall submit a
written application setting forth the information required by this
section and shall include the application fee established by resolution
or ordinance of the Board of Supervisors. The applicant for such an
exception shall present credible evidence to the Board demonstrating:
A.
That the lot was held in single and separate ownership as of the
effective date of this article;
B.
The size of the lot;
C.
Inability of the applicant to acquire adjacent land or the unsuitability
of adjacent land which might be able to be acquired; and
D.
The testing conducted to determine that the lot is not suitable to
provide a replacement location. At all times the burden to present
credible evidence and the burden of persuasion shall be upon the applicant
for an exception from the terms of this article.
All developers within the Township shall design sewage disposal
systems in accordance with the planning policies and methodology set
forth in this section. The developer shall include a narrative with
any planning module submission which shall demonstrate the procedure
used by the developer in determining the sewage disposal facilities
proposed for the development. If the developer is not required to
submit a planning submission, the developer shall present information
sufficient to demonstrate compliance with this section with his or
her application to the Sewage Enforcement Officer for a permit to
install, repair, alter, or modify an OLDS.
A.
The Township encourages use of OLDS wherever feasible and economical
outside of the present and future public sewer service area as defined
by the Official Plan of the Township. Developers shall use outside
of the public sewer service area planning policies which foster the
nonsewer approach and the conservation of groundwater resources. At
a minimum, the developer shall address the following Township policies:
(1)
Establish OLDS sewage disposal system ownership and maintenance responsibilities
with the individual lot owner, or the developer.
(2)
Provide water conservation and waste flow reduction by the use of
water-saving devices and other state-of-the-art water conservation
methods for all new construction and the replacement of any components
of existing structures.
(3)
Recycle wastewater by relying upon OLDS for groundwater recharge
via subsurface disposal of treated wastewater.
(4)
Restrict community sewage disposal systems to resolution of sewage-related
problems of existing structures.
(5)
Establishing community sewage disposal systems outside the area designated
in the Official Plan as the sewer service area is prohibited.
B.
The methodology for selecting and evaluating specific OLDS shall
be a progressive multistep process.
(1)
Evaluate individual OLDS. The approved individual wastewater treatment
systems within the Township are septic tanks, aerobic treatment units,
spray irrigation systems and, if no other method is feasible, individual
stream discharge systems. These treatment methods may be used with
the various effluent treatment and disposal methods outlined below:
(a)
Conventional subsurface absorption system. If a site is suitable
in accordance with Department regulations for conventional sewage
disposal systems such as a septic or aerobic tank with an absorption
area (standard trench, seepage bed, subsurface sand filter or elevated
sand mounds), the appropriate combination of wastewater treatment
and effluent disposal system shall be selected as the most cost-effective
OLDS.
(b)
Conventional spray irrigation or stream discharge system. If
a site is suitable in accordance with Department regulations for a
conventional spray irrigation or individual stream discharge system,
and if the site is not suitable for a conventional subsurface absorption
system, the appropriate combination of wastewater treatment and effluent
disposal system shall be selected.
(c)
Alternate systems. The developer shall evaluate alternate systems
if there are inadequate soils or other concerns on the site that prevent
the use of conventional septic systems. These systems shall use technology
that has been proven successful. The design of the alternate system
shall be approved in accordance with the regulations of the Department
and the Act.
(d)
Experimental systems. The Township does not encourage experimental
systems. A developer may propose the use of an experimental system
only in areas where other alternatives are not available. The developer
shall submit all documentation required for approval of the experimental
system in accordance with the regulations of the Department and the
Act. Testing, monitoring, and permitting of these systems shall comply
with the requirements of the Department.
(2)
Replacement location. The developer shall provide a replacement location
for each OLDS set forth above unless such OLDS is being installed
to address an existing malfunction and no replacement location is
available or unless the developer obtains a waiver from the requirement
to provide a replacement location in accordance with the provisions
of this article.
(3)
Examine individual systems. As a remedial action, a developer may
propose the linking of existing, malfunctioning OLDS to a new development
to solve the malfunctioning condition by approval of the Township
Board.
(4)
Examine community sewage systems. The developer may evaluate community
sewage systems only if it is not feasible to provide for sewage disposal
through OLDS or public service and the development is inside the designated
sewer service area of the Official Plan. The developer shall provide
on-site wastewater treatment. The developer shall review each collection
alternative and shall select an effluent disposal method from the
various alternatives.
C.
The developer shall evaluate the construction cost, operation and
maintenance costs, and environmental impacts of each method of sewage
disposal and shall choose the most appropriate for maintenance of
water quality. The developer shall present the evaluation to the Township
as part of its planning module submission.
All landowners, developers, and contractors who desire to install
a nonstandard OLDS, in addition to all the previously listed requirements
of this article shall also meet all of the following requirements:
A.
The record owner of the lot on which such nonstandard OLDS is to
be installed, and, if different, the applicant, shall enter into an
agreement with the Township, in recordable form, providing for the
long-term maintenance of the system which grants the Township the
right to enter upon the property to inspect whenever the Township
receives a complaint or otherwise has reason to believe that such
system is not functioning properly. The agreement shall specifically
authorize the Township to file a municipal claim against the property
to recover costs and fees and shall specifically state that its provisions
are binding upon the landowner executing the agreement and upon all
successive owners of the property until the system is removed and
the property is connected to the UTMA sewer system or repaired utilizing
new proven technology.
B.
The applicant shall post financial security with the Township to
secure the future maintenance of the nonstandard OLDS and payment
of costs of annual inspection of such system. The amount of the financial
security shall be based upon the estimated cost to maintain the particular
nonstandard system chosen by the applicant. The financial security
shall be posted through an irrevocable letter of credit in a form
acceptable to the Township Solicitor or in a cash escrow which the
Township shall maintain in a non-interest-bearing account. The Township
shall not release such financial security until the Township is provided
with alternate financial security or until the system is removed and
the property is connected to the UTMA sewer system.
C.
The applicant shall demonstrate to the Township that the proposed
nonstandard OLDS meets all applicable Department regulations and that
the applicant has obtained all necessary approvals and permits.
D.
The applicant shall provide the Township with a complete set of as-built
plans for the nonstandard OLDS after its installation.
E.
The applicant shall reimburse the Township for all costs incurred
in the preparation of the agreement and its recording.
F.
The applicant shall pay all costs associated with the yearly inspection
of the nonstandard OLDS.
G.
The Township shall have the power to waive the requirement to enter
into an agreement with the Township in recordable form or to post
financial security with the Township pursuant to this section. An
applicant who requests such a waiver shall demonstrate to the Township
a hardship exists and that the interests required by the Township
are adequately protected without the recording of an agreement or
posting of financial security.
A.
Any on-lot sewage disposal systems subject to this article shall
be inspected by a Township-licensed pumper/hauler every four years
in conjunction with a pumping schedule and regions established by
the Township, or at any other reasonable time as of the effective
date of this article. A report of the inspection shall be delivered
to the Township within 30 days of any inspection. The report shall
be prepared on forms provided by the Township. In cases where there
is an evident malfunction posing a substantial imminent health hazard,
the Sewage Enforcement Officer shall be notified within 24 hours of
the inspection.
B.
An on-lot sewage disposal inspection may include a physical tour
of the property, the taking of samples from surface water, wells,
other groundwater 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 Sewage Enforcement Officer or other authorized agent shall have
the right to enter upon land for the purposes of inspections described
in this section.
D.
The Township Sewage Enforcement Officer shall inspect on-lot sewage
disposal systems known to be, or alleged to be, malfunctioning at
any time, in addition to the routine scheduled inspections. Should
said inspections reveal that the system is malfunctioning, the Sewage
Enforcement Officer shall take immediate action in accordance with
Section 7 of the Act (35 P.S. § 750.7) to require the correction
of the malfunction. If total correction is not technically feasible
in the opinion of the Township and/or a representative of PADEP, action
by the owner to mitigate the malfunction shall be required.
E.
If there arises a geographic area where numerous on-lot sewage disposal
systems are malfunctioning, a resolution of these areawide problems
may necessitate detailed planning and a revision to the portion of
the Sewage Facilities Plan pertaining to areas affected by such malfunctions.
If a PADEP-authorized Official Sewage Facilities Plan revision has
been undertaken, repair or replacement of individual malfunctioning
sewage disposal systems within the area affected by the revision may
be delayed, pending the outcome of the plan revision process. However,
immediate corrective action will be compelled whenever a malfunction,
as determined by Township officials and/or the PADEP, represents a
serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
the system:
A.
Industrial waste.
B.
Automobile oil, other nondomestic oil, grease, nonbiodegradable soaps,
detergents and/or inert materials such as coffee grounds.
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 water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps, and French drains.
E.
Vehicle wash water and other potentially contaminated or clean runoff
or stormwater.
F.
Disposable products such as diapers, tampons, and similar materials.
G.
Beauty shop waste other than a single-chair beauty shop in conjunction
with a residential use.
H.
Abattoir or butcher shop waste.
All persons who own a lot upon which an OLDS is installed and
all persons who occupy a lot on which an OLDS is installed shall properly
use and maintain such OLDS. Proper maintenance of an OLDS shall include,
at a minimum:
A.
Each person owning a building served by an on-lot sewage disposal
system which contains a septic tank shall have the septic tank pumped
by a qualified pumper/hauler within six months of receiving notification
from Union Township. Thereafter, that person shall have the tank pumped
at least once every four years, unless a greater time period is granted
by the Township based on usage or whenever an inspection reveals that
the septic tank is filled with solids less than 1/3 the liquid depth
of the tank or with scum less than 1/3 the liquid depth of the tank.
Receipts from the pumper/hauler shall be submitted to Union Township
within the prescribed six-month and four-year periods.
B.
The required pumping frequency may be increased at the discretion
of an authorized agent if the septic tank is undersized, if solids
buildup in the tank is above average, if the hydraulic load on the
system increases significantly above average, if a garbage grinder
is used in the building, if the system malfunctions or for other good
cause shown. If any person can prove that such person's septic tank
had been pumped within four years of the six-month anniversary of
the effective date of this article, then that person's initial required
pumping may be delayed to conform to the general four-year frequency
requirement, except where an inspection reveals a need for more-frequent
pumping frequencies.
C.
No person other than a licensed septage pumper/hauler shall be permitted
to remove septage from the tank of an OLDS or to otherwise dispose
of any septage or any other substance within an OLDS.
D.
Township sections/pumping schedule. After the effective date of this
article, the Township shall be divided into multiple geographic sections
in order to better facilitate administration of this article. All
property owners shall be notified by the Township of the section to
which the property is assigned and the time frame within which their
initial pumping will need to be accomplished.
E.
For OLDS installed after the effective date of this article, the
OLDS must have septage removed within four years from the date of
final inspection of the OLDS or, in the case of new construction,
if the property will not be occupied within one month from the date
of final inspection of the OLDS, within four years from the date of
the issuance of the certificate of use and occupancy by the Zoning
Officer. The OLDS shall continue to have septage removed from the
tank within four years from the date of the last removal of the septage
as long as the OLDS continues to be used for sewage disposal.
F.
Maintenance of surface contouring and other measures consistent with
the regulations of the Department to divert stormwater away from the
treatment facilities and absorption areas and to protect the absorption
areas from physical damage.
G.
Following any operation and maintenance recommendations of the manufacturer
of the OLDS. If the OLDS is a nonstandard OLDS, additionally following
the operation and maintenance recommendations of the manufacturer
of the nonstandard equipment which is part of the OLDS.
H.
Additional maintenance activity may be required as needed, including,
but not necessarily limited to, cleaning and unclogging piping, servicing
and repairing mechanical equipment, leveling distribution boxes, tanks
and lines, removing obstructing roots or trees, and diverting surface
water away from the disposal area, etc.
A.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage system shall discharge untreated or
partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit for such discharge has
been obtained from the PADEP.
B.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging sewage without
a permit.
C.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the Sewage Enforcement Officer for a permit to repair or replace the
malfunctioning system. Within 30 days of initial notification by the
Township, construction of the permitted repair or replacement shall
commence. Within 60 days of the original notification by the Township,
the construction shall be completed, unless seasonal or unique conditions
mandate a longer period, in which case the Township shall set an extended
completion date.
D.
A Sewage Enforcement Officer shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repairing or replacing components of the existing system, adding capacity
or otherwise altering or replacing the system's treatment tank, expanding
the existing disposal areas, replacing the existing disposal area,
replacing a gravity distribution system with a pressurized system,
replacing the system with a holding tank, or any other alternative
appropriate for the specific site.
E.
In lieu of, or in combination with, the above-mentioned remedies,
a Sewage Enforcement Officer 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.
F.
In the event that the rehabilitation measures are not feasible or
effective, the owner may be required to apply for a permit to install
an individual spray irrigation treatment system or apply to the PADEP
for a single residence treatment and discharge system. Upon receipt
of said permit, the owner shall complete construction of the system
within 30 days.
G.
Should none of the remedies described in this section be totally
effective in eliminating the malfunction of an existing on-lot sewage
disposal system, the property owner is not absolved of responsibility
for the malfunction. The Township may require whatever action is necessary
to lessen or mitigate the malfunction to the extent necessary.
A.
The following activities are hereby declared to be nuisances:
(1)
Construction of improvements on the replacement location. Such construction
renders the replacement location useless and therefore jeopardizes
the water quality and other natural resources of the Township. This
harm to the water quality and other natural resources of the Township
is a danger to the health, safety and welfare of the residents of
the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code.
(2)
Installation, alteration, or modification of an OLDS or community
sewage system without having obtained a permit as required by this
article and the regulations of the Department or, if a permit was
obtained, in a manner which violates the terms of the permit.
(3)
Failure to maintain an OLDS or community sewage system as required
by this article.
B.
All of these actions result in pollution of the waters of the commonwealth
and other natural resources of the Township and constitute a danger
to the health, safety and welfare of Township residents. The actual
expenses of the Township in the abatement of such nuisances, plus
a penalty in the amount of 25% of such expenses, shall be filed as
a municipal claim against the property.
As of the effective date of this article, all septage pumper/haulers
operating in Union Township shall be required to secure a license
from the Township. The septage pumper/hauler license application shall
be on a form provided by the Township. Fees for the license application
shall be set by Township resolution.
A.
All septage shall be disposed of in accordance with the requirements
of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101
et seq.) and all other applicable laws and at sites or facilities
approved by the PADEP. Approved sites or facilities shall include
the following: septage treatment facilities, wastewater treatment
plants, composting sites, and approved farm lands.
B.
Pumper/haulers of septage operating within Union Township shall operate
in a manner consistent with the provisions of the Solid Waste Management
Act (Act 97 of 1980, 35 P.S. § 6018.101-6018.1003) and all
other applicable laws.
C.
Pumper/haulers of septage operating within Union Township shall be
licensed by the Township.
Each licensed septage pumper/hauler who performs maintenance
upon an OLDS within Union Township, including, but not limited to,
pumping out the OLDS, shall file a manifest with the Township for
each OLDS serviced within the Township on a form supplied by the Township.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The Township shall employ qualified individuals to carry out the
provisions of this article. Those employees shall include a Sewage
Enforcement Officer and may include an administrator and such other
persons as may be necessary. The Township may also contract with private
qualified persons or firms as necessary to carry out the provisions
of this article.
C.
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems within the Township shall become the property of, and be maintained by, the Township. Existing and future records shall be available for public inspection during regular business hours at the official office of the Township. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the sewage management program shall be made available, upon request, for inspection by representatives of the PADEP, or at a frequency required by Chapter 73 of Title 25 of the Pennsylvania Code.
D.
The Township shall establish all administrative procedures necessary
to properly carry out the provisions of this article.
E.
The Township Board of Supervisors shall establish a fee schedule,
and authorize the collection of fees, to cover the cost of the Township
administration of this program.
Appeals from any action of the Sewage Enforcement Officer under
this article shall be made in writing to the Board of Supervisors
within 30 days from the date of the written determination of the Sewage
Enforcement Officer. All appeals shall be accompanied by the appeal
fee established by resolution or ordinance of the Board of Supervisors
of Union Township.
A.
The written appeal shall specify the precise action from which the
appeal is taken and shall set forth in concise terms the reason for
the appeal and any legal authorities supporting the appeal period.
B.
If the appellant desires a hearing before the Board, the appellant
must request a hearing in the written appeal.
C.
If a hearing is requested in writing, the Board shall conduct the
hearing at a regular or special public meeting which occurs not less
than 60 days after receipt of the written appeal. The hearing shall
be conducted in accordance with the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
D.
The Board shall render a decision on the appeal in writing within
30 days of the hearing.
The Township, upon written notice from the Sewage Enforcement
Officer that an imminent health hazard exists due to failure of a
property owner to maintain, repair, or replace an on-lot sewage disposal
system as provided under the terms of this article, shall have the
authority to perform, or contract to have performed, the work required
by the Sewage Enforcement Officer. The owner shall be charged for
the work performed, and, if necessary, a lien shall be entered therefor
in accordance with law.
For each violation of the provisions of this article, the owner,
agent, lessee, or contractor or any other person who commits, takes
part in, or assists in any such violation shall be liable, upon conviction
thereof in a summary proceeding, to pay a fine of not more than $1,000
for each offense, together with the costs of prosecution. Each day
or portion thereof in which a violation exists shall be considered
to be a separate violation, and each section of this article which
is violated shall be considered a separate violation. In default of
payment of such fine, such person shall be liable to imprisonment
for a period not exceeding 90 days. In addition, the Township may
also institute an action at law or in equity to require compliance
with the terms of this article. All such persons shall be required
to correct or remedy such violations or noncompliance within the time
period set forth in an enforcement notice.
Although this article is intended to provide guidelines for
the installation and maintenance of OLDS and the identification and
maintenance of a replacement location for OLDS, nothing contained
herein shall be interpreted as a guarantee or warranty to applicants
or other Township residents that systems installed under the provisions
of this article will function as intended. The Township assumes no
responsibility for the location and/or maintenance of OLDS within
the Township.
