[Adopted 10-12-2010 by Ord. No. 570]
The following words and phrases shall have the following meanings
wherever used in this article:
The Borough of Dallastown.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. Holding tanks include, but are not limited
to, the following:
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CHEMICAL TOILET — Which is a toilet using chemicals that
discharge to a holding tank.
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RETENTION TANK — Which is a holding tank where sewage
is conveyed to it by a water carrying system.
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VAULT PIT PRIVY — Which is a holding tank designed to
receive sewage where water under pressure is not available.
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A system for the disposal of domestic sewage or other wastewaters
operating below ground-level and located on or near the site of the
building or buildings being served by the system. An on-lot septic
system includes holding tanks.
Accumulated solids, sludge, wastewater and grit resulting
from biologically degraded sewage.
Any substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, to animal or aquatic life or to the
use of water for domestic water supply or for recreation; or a substance
which constitutes pollution under the Clean Streams Law.
Each owner of an improved property located in the Borough of
Dallastown which has or is required to have an on-lot septic system,
but is not required to be connected to the public sanitary sewer system,
shall cause such on-lot septic system to be inspected and the septic
and treatment tank or tanks on the property to be pumped in accordance
with this article. An initial inspection and subsequent periodic inspections
shall be conducted when an on-lot septic system is pumped. The pumping
shall be conducted by a qualified sewage hauler. Inspections shall
be conducted by a qualified sewage hauler for the purpose of determining
a system's functional status. The individual property owner is
responsible to contact and make arrangements directly with the sewage
hauler.
To enable the aforesaid inspections, access to each septic or
treatment tank which is required to be pumped in accordance with this
article shall be provided by a manhole through which such inspection
may be made. Such manhole shall have an inside dimension measuring
at least 20 inches by 20 inches, or 20 inches in diameter, with a
removable cover. The top of the tank containing the manhole or the
top of any manhole extension may not be more than 12 inches below
grade level. If access is extended to grade, the manhole cover shall
be airtight. Grade level access covers shall be secured by bolts or
locking mechanisms, or have sufficient weight to prevent unauthorized
access. The ground shall slope away from any access extended to grade
level. If a septic or treatment tank has already been installed upon
a property served or required to be served by an on-lot septic system,
but if such tank does not have the aforesaid access to enable inspections,
such access for inspection shall be completed before the on-lot septic
system is required to be pumped for the first time under this article.
If a septic or treatment tank is not yet installed upon such property,
then the aforesaid access for inspection shall be installed at the
time of any new installation of an on-lot septic system of any kind.
If a new or replacement septic or treatment tank is being installed
or to be installed upon such property, then such tank shall be equipped
with the aforesaid access for inspection at the time of such installation.
A written septic system report of the inspection and pumping
shall be prepared by the sewage hauler and furnished to the owner
of each property inspected. The owner shall deliver a copy of the
fully completed septic system report to the Borough within 30 days
of the inspection and pumping. The owner may mail or hand deliver
such report to the Borough. Written reports shall be recorded on the
Borough septic system report form. The sewage hauler shall fully complete
the form to address all requested information.
The sewage enforcement officer for the Borough shall inspect
on-lot septic systems known to be or alleged to be malfunctioning.
Should said inspection reveal that the system is indeed malfunctioning,
the sewage enforcement officer of the Borough shall take action to
require the correction of the malfunction. The sewage enforcement
officer of the Borough may inspect any on-lot septic system at any
time given reasonable notice. The sewage enforcement officer of the
Borough shall have the right to enter upon land for the purpose of
inspections as described above. Inspections by the sewage enforcement
officer of the Borough may include a physical tour of the property,
the taking of samples from surface water, wells or other groundwater
sources, the sampling of contents of the sewage disposal system itself
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.
The Borough shall notify all owners of property served by an
on-lot septic system that their system must be pumped by the end of
the calendar year in which the letter is received. The Borough shall
follow a schedule whereby a third of all the owners of properties
within the Borough served by on-lot septic systems are notified annually
of the pumping requirement, such that all owners are notified once
every three years. The property owner must have the septic or treatment
tank or tanks located on the owner's property pumped within the
time specified in the Borough's letter, unless the owner can
provide the Borough with pumping certification indicating that the
on-lot septic system was pumped in the one year prior to the date
of the Borough's letter.
Tanks shall be deemed to be pumped when all organic solids are
removed and the total average liquid depth remaining in the tank is
less than one inch.
The Borough may require additional maintenance activity as needed
including, but not limited to, cleaning and unclogging of piping;
service and repair of mechanical equipment; leveling of distribution
boxes, ranks and lines; removal of obstructing roots or trees; or
the diversion of surface water away from the absorption area; or any
combination of the foregoing or of other matters.
Following the initial pumping as prescribed in § 159-37 above, and in accordance with the notice from the Borough provided for in § 159-37 above, the owner of a property served by or required to be served by an on-lot septic system shall cause the removal of septage or other solids from the septic or treatment tank or tanks on the property at least once every three years. The Borough may allow septic or treatment tanks to be pumped out at less frequent intervals when the owner can demonstrate to the Borough that the system can operate properly without the need for pumpout for a period longer than three years. In no case shall such period extend beyond six years. Such a request may be made after the initial pumping and inspection. The sewage enforcement officer for the Borough shall determine if an extension of time should be granted and the length of the extension. In making the determination, the sewage enforcement office for the Borough shall take into account the sewage permit issued for the installation or rehabilitation of the system, reports of inspection and maintenance of the system, and other relevant information. The sewage enforcement office for the Borough shall conduct an on-site inspection. The number of years between pumping shall be determined from the Penn State Fact Sheet F-161 "Septic Tank Pumping," provided the inspection findings and all other information is satisfactory. The applicant shall pay a fee established by Borough Resolution for this request. The applicant shall receive a decision within 60 days of accumulation of all necessary information by the Borough.
The Borough may require septic or treatment tanks to be pumped
out more frequently then every three years at the discretion of the
Borough if any one of the following events should occur or be discovered:
A.
An on-lot septic system is found to be malfunctioning.
B.
An on-lot septic system is found to be undersized.
C.
The septic or treatment tank or tanks are filled with solids in excess
of 1/3 of the liquid depth of the tank or with scum in excess of 1/3
of the liquid depth of the tank.
D.
The hydraulic load on the on-lot septic system increases significantly
above average.
E.
A garbage grinder is used in the building.
F.
Other good cause can be shown.
Any person owning a building served by an on-lot septic system
containing an aerobic treatment tank shall follow the operation and
maintenance recommendations of the equipment manufacturer. In no case
may the service or pumping interval for aerobic treatment tanks exceed
that required for septic tanks.
Any person owning a structure served by a cesspool shall have
that system pumped according to the schedule prescribed for septic
tanks.
Holding tanks shall be pumped out at intervals that prevent
the overflow, leakage, backup, and other malfunctions characteristic
of an overloaded system.
The owner of a property served by an on-lot septic system shall
maintain the area around such system so as to provide convenient access
for inspection, maintenance, and pumping, and divert surface water
and downspouts away from the absorption area and on-lot septic system
components.
Tanks shall only be pumped from or through the manhole/access
port, i.e., the largest tank opening. Tanks shall not be pumped from
or through the observation port.
The owner of a property upon which an on-lot septic system is
constructed shall, at all times, operate and maintain the on-lot septic
system in such condition as will permit it to function in the manner
in which it was designed and to prevent the unlawful discharge of
sewage.
The Borough may by resolution establish rates or charges for
its services established under this article. Pursuant to authority
granted in the General Municipal Law, 53 P.S. §§ 2261
and 2264, the Borough of Dallastown, by its Borough Manager, Borough
Secretary, Mayor, billing or collection agent or officer, or other
person authorized by motion of Borough Council passed at a duly convened
public meeting, may and is hereby authorized to request the Dallastown-Yoe
Water Authority, or its successor, to shut off the supply of water
to any property in Dallastown Borough for which any of the aforesaid
rates or charges are delinquent for a period of at least 30 days.
Upon giving such notice, the supply of water to the property served
by the on-lot septic system for which said rate or charge is delinquent
is to be shut off until all such overdue rates and charges, together
with any and all penalties, interest, solicitor's fees and other
charges and expenses, including charges hereinafter imposed, are paid
in full. Prior to requesting and directing the Dallastown-Yoe Water
Authority, or its successor, to shut off water to any property as
aforesaid, the authorized agents of the Borough shall provide written
notice of the intent to shut off the water supply to the property
if the delinquent rates or charges, together with all other additional
items as aforesaid, are not paid within 10 days from the mailing and
posting of such notice. Such notice shall be mailed to the person
liable for payment of the said rates or charges, and shall also be
posted at a main entrance to the property. In addition to any other
penalty, interest, solicitor's fees and other charges, fees and
expenses to be paid in connection with the overdue rate or charge
aforesaid, before the water supply may be restored to the said property,
the owner of said property shall pay in full any and all charges and
fees imposed by Dallastown-Yoe Water Authority, or its successor,
to shut-off the water, to restore the water service, and for any lost
revenues occasioned by the Dallastown-Yoe Water Authority, or its
successor, as a result of the water having been shut off as herein
provided. All of the aforesaid rates and charges shall also be a municipal
claim against the said property along with the overdue rates or charges
and all other expenses and charges thereon.
The provisions of this article are declared to be for the health,
safety and welfare of the citizens of the Borough of Dallastown and
to prevent water pollution; and any person who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not less than $150 nor more than $1,000 together with the
costs of prosecution, and in default thereof, be sentenced to imprisonment
in the York County Prison for not more than 30 days. Each day that
such violation continues shall be deemed to be a separate offense.
Nothing herein contained shall prevent the Borough from also seeking
relief in equity to enforce the provisions of this article.
