[Ord. 757-2009, 7/1/2009]
1.
As mandated by the municipal codes, the Clean Streams Law, 35 P.S.
§ 691.1 et seq., and the Pennsylvania Sewage Facilities
Act, 35 P.S. § 7501 et seq., municipalities have the power
and the duty to provide for adequate sewage treatment facilities and
for the protection of the public health by preventing the discharge
of untreated or inadequately treated sewage. The Official Sewage Facilities
Plan for East Pennsboro Township has evaluated the need to implement
an on-lot management program to effectively prevent potential water
pollution and hazards to the public health caused by improper treatment
and disposal of sewage.
2.
The purpose of this Part is as follows:
A.
To bring and keep the municipality within the requirements of the
Clean Streams Law, Act of 1937, P.L. 1987, No. 394, and the Pennsylvania
Sewage Facilities Act, Act of 1966 P.L. 1535, No. 537, as amended,
known as Act 537.
B.
To provide for inspection, pumping, maintenance, and rehabilitation
of private and public on-lot sewage systems.
C.
To establish penalties and appeal procedures necessary for the proper
administration of such a management program.
[Ord. 757-2009, 7/1/2009]
The Act of January 27, 1966, P.L. 1535, No. 537, as amended,
35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage
Facilities Act."
A certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, municipal secretary,
or any other qualified or licensed person who is delegated by the
Township to carry out the provisions of this Part within specified
limits.
The Board of Commissioners of East Pennsboro Township, Cumberland
County, Pennsylvania.
A below ground cavity built of loose rock or blocks that
provides for the temporary storage of sanitary sewage until the sewage
drains into the surrounding area.
An authorized agent of the Township to administer and enforce
other ordinances in the Township.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A system of piping, tanks, or other facilities serving a
single lot and collecting and disposing of sewage in whole or in part
into the soil or into any waters of the Commonwealth of Pennsylvania.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition occurring when an on-lot sewage system causes
pollution to ground or surface waters, contamination of private or
public drinking water supplies, nuisance problems or is a hazard to
public health. Any treatment or holding tank observed to be leaking,
or any instance where sewage is backing up into a building connected
to the system, is considered a malfunction. Systems shall be considered
to be malfunctioning if any of the conditions noted above occur for
any length of time during any period of the year.
East Pennsboro Township, Cumberland County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq. Hereinafter called the "plan" it shall mean the East Pennsboro
Township Act 537 Plan, as amended.
A comprehensive set of legal and administrative requirements
including this Part, the Act, the Clean Streams Law, 35 P.S. § 691.1
et seq., and all regulations and requirements adopted by the Board
to enforce and administer this Part.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems.
Any person having an equitable or legal interest in real
estate in East Pennsboro Township.
Any individual, association, partnership, public or private
corporation, whether for profit or not-for-profit, trust, estate,
or other legally recognized entity.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot disposal system.
Any human excrement, other domestic or restaurant waste,
or other material or substance removed from a portable toilet, septic
tank, seepage pit, treatment tank, cesspool, or other enclosure used
for the storage or decomposition of sewage, but does not include liquid
industrial waste.
Township form to be completed by the pumper/hauler for each
individual tank and forwarded to the Township after each inspection
and/or pumping.
A watertight tank that provides for the treatment of sanitary
sewage prior to its discharge to an absorption area.
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 public health, or to animal or aquatic life, or to the use of water
for domestic water supply or for recreation or which constitutes pollution
under the Act of June 22, 1937, P.L. 1987, No. 94, known as the "Clean
Streams Law," as amended.
An agent of the Township, certified by DEP to issue and review
permit applications and conduct such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated there under.
Any method of sewage collection, conveyance, treatment, and
disposal, which will prevent the discharge of, untreated or inadequately
treated sewage into the waters of this Commonwealth or otherwise provide
for the safe and sanitary treatment and disposal of sewage.
Any area or areas of the Township designated in the 537 plan
adopted by the Board as an area where sewage management is to be implemented.
East Pennsboro Township, Cumberland County, Pennsylvania.
[Ord. 757-2009, 7/1/2009]
From the effective date of this Part, its provisions shall apply
to every owner of a lot served by an on-lot sewage system within East
Pennsboro Township and all persons or businesses servicing on-lot
sewage systems (constructing, pumping, inspecting, or repairing on-lot
sewage systems) within the Township.
[Ord. 757-2009, 7/1/2009]
1.
The Township shall notify all owners of property served by an on-lot
sewage system that their system must be pumped and inspected within
12 months of the date the notification letter is postmarked. The Township
shall follow a schedule whereby a quarter of all of the owners of
properties within the Township served by on-lot sewage systems are
notified annually of the pumping and inspection requirement, such
that all owners are notified at least once every four years. Any person
owning a building served by an on-lot sewage system within the Sewage
Management District, which contains a treatment tank, shall have the
tank pumped by a licensed pumper/hauler. The property owner must have
his system pumped within the time period specified in the Township's
notification letter, unless he can provide the Township with a receipt,
or other written evidence showing that his tank has been pumped within
the past one year. Property owners providing such written documentation
satisfactory to the Township can request a postponement of their initial
required pumping until the end of a three-year period following enactment
of this Part.
2.
Property owners within the Sewage Management District must provide
a fully completed septic system report to the Township within 30 days
of the date of pumping. The property owner shall mail or hand-deliver
the septic system report to the Township Municipal Building at 98
South Enola Drive, Enola PA 17025.
3.
Commencing from the date of pumping as prescribed in Subsection 1 above, removal of septage or other solids from treatment tanks shall be performed every four years or whenever an inspection program reveals the treatment tanks are filled with solids in excess of one-third of liquid depth of the tank or filled with scum in excess of one-third the liquid depth of the tank.
4.
The required pumping frequency may increase at the discretion of
the SEO for the following reasons:
A.
If the tank is undersized.
B.
If solids buildup in the tank is above average.
C.
If the hydraulic load on the system increases significantly above
average.
D.
If a garbage grinder is used in the building.
E.
If the system malfunctions or for other good cause not shown (as
determined by the SEO, and approved by the Board of Commissioners).
F.
Treatment tanks to be pumped more frequently than the required four
years must have a septic system report prepared and provided to the
Township within 30 days of each pumping occurrence.
G.
The Township may allow a treatment tank to be pumped less than once
every four years if it is demonstrated to the satisfaction of the
Township that the system will operate to its maximum efficiency with
less frequent pumping. In no case shall the period extend beyond eight
years. Such a request may be made after the initial pumping and inspection.
Requests 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 sewage permit issued
by the Township SEO upon installation or rehabilitation of the system
and supporting documentation, reports of inspection and maintenance
of the system including documentation that the sludge depth and/or
scum layer is less than one-third of the tank capacity as determined
by a pumper/hauler, 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 wastes sampling conducted for the
purposes of evaluating the request. The applicant shall receive a
decision within 30 days of accumulation of all necessary information
by the Township.
H.
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.
I.
Holding tanks shall be pumped out at intervals that prevent the overflow,
leakage, back up, and other malfunctions characteristic of an overloaded
system.
J.
The owner of a property upon which an on-lot sewage system is constructed
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 other on-lot
sewage system components.
K.
Tanks shall only be pumped from/through the manhole/access port,
i.e., the largest tank opening. Tanks shall not be pumped from/through
the observation ports.
L.
Any person owning a building served by an alternate system or on-lot
sewage system that contains an aerobic treatment tank shall follow
the operation and maintenance recommendations of the equipment manufacturer.
A copy of the manufacturer's recommendations and a copy of the
service agreement shall be submitted to the Township within six months
of the effective date of this Part. Thereafter, service receipts shall
be submitted to the Township at the intervals specified by the manufacturer's
recommendations. In no case may the service or pumping intervals exceed
those required for septic tanks.
M.
The Township may require additional maintenance activity as needed
including, but not necessarily limited to:
[Ord. 757-2009, 7/1/2009]
1.
An inspection shall be conducted whenever an on-lot sewage system
is pumped in accordance with this Part. It shall be the property owner's
responsibility to schedule the inspection with a licensed pumper/hauler
for the same time as the system is pumped.
2.
The person completing the inspection shall prepare a written report
on the inspection findings using the East Pennsboro Township septic
system report form and immediately provide the completed form to the
property owner.
3.
Any on-lot sewage system may be inspected by the Township's
SEO at any reasonable time as of the effective date of this Part.
4.
The inspection by the Township's SEO 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
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.
The owner will bear the cost of the inspection and the analysis of
any sample(s).
[Ord. 757-2009, 7/1/2009]
1.
Only normal domestic wastes shall be discharged into any on-lot sewage
system. The following shall not be discharged into the system:
A.
Industrial wastes.
B.
Automobile oil and other non-domestic oil.
C.
Toxic or hazardous substances or chemicals including, but not limited
to, pesticides, disinfectants, acids, paints, thinners, herbicides,
gasoline and other solvents.
D.
Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
[Ord. 757-2009, 7/1/2009]
Any person who shall install new or rehabilitated on-lot sewage
systems shall provide a marker or markers at ground level locating
all major subsurface components of the system. The Township SEO shall
establish marker types and required locations. In addition, a riser
or access hatch shall be constructed so as to enable easy access to
the waste disposal tank, prevent odors from escaping, and to prevent
children from removing the hatch. Accessibility for visual inspection
and maintenance shall be provided in the drainage fields via four-inch
vertical, nonperforated PVC pipe connected directly to the drain tile
at a minimum of four locations in the drainage field. Such installation
shall be subject to Township SEO approval.
[Ord. 757-2009, 7/1/2009]
1.
The Township's SEO shall have the authority to require the repair
of any malfunction by the following methods:
A.
Cleaning, repair or replacement of components of the existing system.
B.
Adding capacity or otherwise altering or replacing the existing system's
treatment tank.
C.
Expanding the existing disposal area.
D.
Replacing the existing disposal area.
E.
Replacing a gravity distribution system with a pressurized system.
F.
Replacing the system with a holding tank.
G.
Other alternatives as appropriate for the specific site or building.
2.
In lieu of, or in combination with, the remedies described above,
the SEO 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. Wastewater
regeneration in the structure may also be reduced by requiring changes
in water usage patterns in the structure served.
[Ord. 757-2009, 7/1/2009]
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of a property owner to maintain,
repair or replace an on-lot sewage system as provided under the terms
of this Part, shall have the authority to perform or contract to have
performed, the work required by the SEO. The owner shall be charged
for the work performed and, if necessary, a lien shall be entered
therefore in accordance with law.
[Ord. 757-2009, 7/1/2009]
1.
All septage originating within the Township shall be disposed of
at sites or facilities approved by DEP.
2.
Septage pumper/haulers operating within the Township shall be licensed
and operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act, Act 97 of 1980, 35 P.S. § 6018.101
et seq.
[Ord. 757-2009, 7/1/2009]
1.
The Township shall employ or contract with qualified individuals
or firms to carry out the provisions of this Part.
2.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage systems in the Township shall become the property of
the municipality. Existing and future records shall be available for
public inspection during required business hours at the Township office.
All records pertaining to sewage permits, building permits, occupancy
permits and all other aspects of the municipality's on-lot management
program shall be made available, upon request. A fee for copying may
be charged.
3.
The Township Commissioners shall establish all administrative procedures
necessary to properly carry out the provisions of this Part.
4.
The Commissioners may establish a fee schedule, and subsequently
collect fees, to cover the cost to the Township of administering this
program.
[Ord. 757-2009, 7/1/2009]
Any person aggrieved with the actions of the SEO or any other
authorized agent of the Township may file an appeal in accordance
with Act 537. See 35 P.S. § 750.16.
[Ord. 757-2009, 7/1/2009]
1.
Any person who shall violate or fail to comply with any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
2.
The discharge by the Township of its obligations as set forth in
this Part shall create no liability upon the Township, its officials,
employees or agents.
3.
All reports, inspections, appraisals, certifications or records required
or produced by the Township, its officials, employees or agents, as
required by this Part, shall be for the use and benefit of the Township
only and shall not be accepted, utilized or relied upon by any other
person or party by way of certification or otherwise.
