[Ord. 03.10.2015.01, 3/10/2015, § I]
1.
This Part shall be known and may be cited as "an ordinance governing
municipal Management of On-Lot Subsurface Sewage Disposal Facilities
Ordinance."
2.
In accordance with municipal codes, the Clean Streams Law (Act of
June 27, 1937, P.L. 1987, No. 394 as amended, 35 P.S. §§ 691.1
to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January
24, 1966, P.L. 1535 as amended, 35 P.S. § 750.1 et seq.,
known as Act 537), it is the power and the duty of Hepburn Township
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 Hepburn Township
indicates that it necessary to formulate and implement a sewage management
program to effectively prevent and abate water pollution and hazards
to the public health caused by improper treatment and disposal of
sewage.
3.
The purpose of this Part is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further permit intervention in situations which may constitute
a public nuisance or hazard to the public health; and to establish
penalties and appeal procedures necessary for the proper administration
of a sewage management program.
[Ord. 03.10.2015.01, 3/10/2015, § II]
A Sewage Enforcement Officer, employee of the Township, professional
engineer, plumbing inspector, or any other qualified or licensed person
who is authorized to function within specified limits as an agent
of Hepburn Township to administer or enforce the provisions of this
Part.
The Board of Supervisors, Hepburn Township, Lycoming County,
Pennsylvania.
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 (DEP).
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 this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into ground waters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of ground or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted and then approved by the Pennsylvania Department
of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities
Act.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems, community sewage systems and cesspools.
Any individual, owner, renter, association, public or private
corporation for profit or not for profit, partnership, firm, trust,
estate, department, board, bureau or agency of the commonwealth, political
subdivision, municipality, district, authority, or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties. Whenever used in any clause prescribing and imposing a
penalty or imposing a fine or imprisonment, the term person shall
include the members of an association, partnership or firm and the
officers of any local agency or municipal, public or private corporation
for profit or not for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
Any person registered with Hepburn Township to remove septage
or other solids from treatment tanks of OSDS holding tanks, privies,
aerobic tanks, cesspools or any other sewage disposal facility within
the 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 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. 394), known
as the "Clean Streams Law," as amended.
A person certified by DEP who is employed by the Township.
Such person is authorized to conduct investigations and inspections,
review permit applications, issue or deny permits and do all other
activities as may be provided for such person in the Sewage Facilities
Act, the rules and regulations promulgated thereunder and this or
any other ordinance adopted by the Township.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
Sewage Management Program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by or required of the Board to
effectively enforce and administer this Part.
A completed inspection form made to the Township by a septage
hauler providing service to an OSDS within the Township which at a
minimum contains the name and address of the septage hauler, the name
of the property owner, the address of the property upon which the
OSDS is located, a description of all services performed by the septage
hauler, a statement concerning the condition of the tank and inlet
and outlet baffles, the location at which any sewage or solids removed
from the OSDS will be disposed, a description of the condition of
the OSDS, a statement noting whether any malfunctions of the OSDS
were observed. The form shall expressly state the condition of the
baffles and whether the septage hauler informed the landowner that
the baffles should be replaced.
The division or redivision of a lot, tract or other parcel
of land in two or more lots, tracts, parcels or other divisions of
land, including changes in existing lot lines. The enumerating of
lots shall include as a lot that portion of the original tract or
tracts remaining after other lots have been subdivided therefrom.
The Township of Hepburn in Lycoming County, Pennsylvania.
|
For the purposes of this Part, any term which is not defined
herein shall have that meaning attributed to it under the Sewage Facilities
Act and regulations promulgated thereto and any amendments thereof.
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[Ord. 03.10.2015.01, 3/10/2015, § III]
The provisions of this Part 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
within Hepburn Township.
[Ord. 03.10.2015.01, 3/10/2015, § IV]
1.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or community sewage system or
construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system
or community sewage system is to be installed without first obtaining
a permit from the Sewage Enforcement Officer which permit shall indicate
that the site and the plans and specifications of such system are
in compliance with the provisions of the Clean Streams Law (35 P.S. §§ 691.1-691.1001)
and the Pennsylvania Sewage Facilities (Act 35 P.S. § 750.1
et seq.) and the regulations adopted pursuant to those Acts, as amended.
2.
No system or structure designed to provide individual or community
sewage disposal shall be covered from view until approval to cover
the same has been given by a Sewage Enforcement Officer. If 72 hours
have elapsed, excepting Sundays and Holidays, since the Sewage Enforcement
Officer issuing the permit received notification of completion of
construction, the applicant may cover said system or structure unless
permission has been specifically refused by the Sewage Enforcement
Officer.
3.
Applicants for sewage permits shall be required to notify the Sewage
Enforcement Officer of the schedule for construction of the permitted
on-lot sewage disposal system so that inspection(s) in addition to
the final inspection required by the Sewage Facilities Act may be
scheduled and performed by a Sewage Enforcement Officer.
4.
No building or occupancy permit shall be issued for a new building
which will contain sewage generating facilities until a valid sewage
permit has been obtained from a Sewage Enforcement Officer.
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 increase
sewage flows.
6.
Sewage permits may be issued only by a Sewage Enforcement Officer.
DEP shall be notified as to the identity of each Sewage Enforcement
Officer employed by Township.
[Ord. 03.10.2015.01, 3/10/2015, § V]
1.
The Township will remain divided into the same three pumping groups
as established from the On-Lot Subsurface Sewage Disposal Facilities
Ordinance adopted in 1994. Property owners in each district will be
notified in writing by the Township of the need to pump their septic
system and conduct an inspection.
2.
Upon receipt of notification, property owners shall pay an administrative
fee, as established, from time to time, by resolution, to the Township
and obtain a sewage pumping permit/inspection form from the Township.
3.
Within seven months of receipt of notification property owner shall
apply for a permit, pay the inspection fee, receive the permit from
the Township, and have a registered and licensed hauler pump and inspect
their septic system.
4.
Property owners shall provide one copy of the completed sewage pumping
permit/inspection form to the Township within the seven-month period
described above.
5.
An approved septage hauler list will be kept on file at the Township
office and provided to property owners at the time they obtain their
sewage pumping permit/inspection form.
[Ord. 03.10.2015.01, 3/10/2015, § VI]
1.
Any on-lot sewage disposal system may be inspected by an authorized
agent of the Township or the septage hauler retained by the property
owner at any reasonable time as of the effective date of this Part.
2.
Such 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 the wastewater generated in the structure.
3.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this Part.
4.
An inspection shall be conducted by the registered and licensed septage
hauler, or authorized agent for the purpose of determining the type
and functional status of each sewage disposal system in the Township.
A sewage pumping permit/inspection form shall be furnished to the
owner of each property inspected and a copy of said report shall be
provided to the Township for it's records. The cycles of inspection
and groups of properties shall remain as established in 1994. The
cycle is three consecutive years of inspections and two years with
no inspection, then the cycle repeats itself.
5.
Property owners in each district will be notified in writing by the
Township of the need to pump their septic system and conduct an inspection.
6.
An authorized agent shall inspect systems known to be, or alleged
to be, malfunctioning. Should said inspections reveal that the system
is indeed malfunctioning; the authorized agent shall order action
to be taken to correct the malfunction. If total correction cannot
be done in accordance with the regulations of DEP including, but not
limited to, those outlined in Chapter 73 of Title 25 of Pennsylvania
Code or, is not technically or financially feasible in the opinion
of the authorized agent and a representative of DEP; then action by
the property owner to mitigate the malfunction shall be required.
[Ord. 03.10.2015.01, 3/10/2015, § VII]
1.
Only 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 and other non-domestic oil.
C.
Toxic or hazardous substances or chemicals, including, but not limited
to, pesticides, disinfectants (excluding household cleaners), acids,
paints, paint 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.
E.
Any other waste that may cause harm or damage to the system, ground
water, or are in violation of any applicable law or regulation.
[Ord. 03.10.2015.01, 3/10/2015, § VIII]
1.
Each person owning a property served by an on-lot sewage disposal
system which contains a septic tank shall have the septic tank pumped
by a qualified septage hauler within seven months of receipt of notification
from the Township to pump the tank. Thereafter that person shall have
the tank pumped at least once every five years or whenever an inspection
reveals that the septic tank is filled with solids, scum, and the
like in excess of a of the liquid depth of the tank. Receipts from
the septage hauler shall be submitted to the Township within the prescribed
seven months and five year pumping periods.
2.
The required pumping frequency may be increased at the discretion
of the Township or it's 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.
3.
Any person owning a property served by a septic tank shall submit,
with each required pumping receipt, a completed sewage pumping permit/inspection
form from the septage hauler to the Township.
4.
Any person owning a property served by an on-lot sewage disposal
system which 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 for
aerobic treatment tanks exceed those required for septic tanks.
5.
Additional maintenance activity may be required as needed including,
but not necessarily limited to, cleaning and unclogging of piping,
servicing and the repair of mechanical equipment, leveling of distribution
boxes, tanks and lines, removal of obstructing roots or trees, the
diversion of surface water away from the disposal area, etc.
[Ord. 03.10.2015.01, 3/10/2015, § IX]
1.
When a septic tank is "pumped out" and septage removed for disposal,
the hauler responsible for septage removal shall fill out and sign
the Hepburn Township sewage pumping permit/inspection form containing
the following:
2.
The property owner of any on-lot sewage disposal system must certify
that the septage does not contained any substances or chemical compounds
not considered sewage by definition in this Part or as otherwise defined
by any applicable law or regulation.
3.
The sewage pumping permit/inspection form shall be submitted to an authorized agent of Hepburn Township to serve as proof of compliance with the requirement for septage removal in § 18-308 of this Part. The system owner shall retain a copy of the form and a copy of the form shall be provided to the site or facility accepting the septage for disposal.
[Ord. 03.10.2015.01, 3/10/2015, § X]
1.
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 DEP.
2.
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.
3.
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.
4.
A Sewage Enforcement Officer shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repair or replacement of 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.
5.
In lieu of, or in combination with, the remedies described in Subsection 4 above, 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.
6.
In the event that the rehabilitation measures in Subsections 1 through 5 are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to DEP for a single residence treatment and discharge system. Upon receipt of said permit the owner shall complete construction of the system within 60 days.
7.
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 that malfunction. The Township may require whatever action is
necessary to lessen or mitigate the malfunction to the extent necessary.
[Ord. 03.10.2015.01, 3/10/2015, § XI]
The Township, upon written notice from a Sewage Enforcement
Officer that an imminent health hazard exists due to failure of property
owner to maintain, repair or replace an on-lot sewage disposal 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
Sewage Enforcement Officer or work as otherwise needed to remove and/or
abate the hazard. The owner shall be charged for the work performed
and, if necessary, a lien shall be entered therefore in accordance
with law.
[Ord. 03.10.2015.01, 3/10/2015, § XII]
1.
All septage originating within the sewage management district shall
be disposed of in accordance with requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.),
and any amendments, and all other applicable laws and at sites or
facilities approved by DEP. Approved sites or facilities shall include
the following: septage treatment facilities, wastewater treatment
plants, composting sites, and approved farm lands.
2.
Septage haulers operating within the Township shall operate in a
manner consistent with the provisions of the Pennsylvania Solid Waste
Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
— 6018.1003), and any amendments and all other applicable laws.
[Ord. 03.10.2015.01, 3/10/2015, § XIII]
1.
The Township has the authority to fully utilize those powers it possesses
through enabling statues and ordinances to effect the purpose of this
Part.
2.
The Township has the authority to employ qualified individuals to
carry out the provisions of this Part. Those employees may 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 Part.
3.
All permits, records, reports, files and other written materials
relating to the installation, operation and maintenance and malfunction
of on-lot sewage disposal systems in 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 DEP.
4.
The Township Board shall establish all administrative procedures
necessary to properly carry out the provisions of this Part.
5.
The Township Board has or will establish a permit fee for each property,
by resolution, to cover the cost to the Township of administering
this program.
[Ord. 03.10.2015.01, 3/10/2015, § XIV]
1.
Appeals from final decisions of the Township or any of its authorized
agents under this Part shall be made to the Board of Supervisors in
writing within 30 days from the date of written notification of the
decision in question. Said appeal fee will be $500.
2.
The appellant shall be entitled to a hearing before the Board of
Supervisors within 60 days of receipt of the appeal by the Township.
The Township shall thereafter affirm, modify, or reverse the aforesaid
decision. The hearing may be postponed for a good cause shown by the
appellant or the Township. Additional evidence may be introduced at
the hearing provided that it is submitted with the written notice
of appeal.
3.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
[Ord. 03.10.2015.01, 3/10/2015, § XV]
Any person failing to comply with any provision of this Part
shall be subject to summary criminal charges and subject to a fine
of not less than $500 per day of violation, and cost and attorney
fees, or in default thereof shall be confined in the county jail for
a period of not more than 90 days or as otherwise authorized by law.
Each day of noncompliance shall constitute a separate offense.
