For the purposes of this article, the listed terms shall be construed
to have the following meanings:
ACT
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.
BOARD
The Board of Supervisors of Union Township, Berks County,
Pennsylvania.
CLEAN STREAMS LAW
The Act of June 22, 1937, P.L. 1987, No. 394, as amended,
35 P.S. § 691.1 et seq.
COMMUNITY SEWAGE SYSTEM
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.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
DEVELOPER
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; or who installs, repairs, modifies, or alters an OLDS
or community sewage system serving properties within this Township
other than a governmental entity.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
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."
LAND DEVELOPMENT
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.
LOT
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.
MALFUNCTION
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.
MANIFEST
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.
NONSTANDARD SYSTEM
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.
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.
OLDS
An individual on-lot sewage disposal system.
PERMIT
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.
PERSON
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.
PLANNING MODULE FOR LAND DEVELOPMENT
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.
REPLACEMENT LOCATION
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.
SEPTAGE HAULER
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.
SEWAGE
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.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION
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.
TOWNSHIP
The Township of Union, Berks County, Pennsylvania.
UTMA
The Union Township Municipal Authority of Berks County, Pennsylvania.