[Ord. 12.2.08.01, 12/2/2008, § 1]
This Part shall be designated as the "Small Flow Sewage Treatment
Facilities Ordinance" of Hepburn Township.
[Ord. 12.2.08.01, 12/2/2008, § 2]
The Board of Supervisors of Hepburn Township, Lycoming County,
Pennsylvania.
The Pennsylvania Department of Environmental Protection.
Liquid sewage discharged as waste.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or any other person having a proprietary interest in the land.
The comprehensive plan for the provision for adequate sewage
disposal systems, adopted by the Board of Supervisors and approved
by DEP pursuant to the Pennsylvania Sewage Facilities Act.
The current regulations of DEP as set forth in Pa. Code,
Title 25, and all future regulations of DEP pertaining to small flow
sewage facilities, as amended from time to time.
Any individual or community sewage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using stream discharge or discharge to the surface of the
ground as more fully set forth in 25 Pa. Code, § 71.1.
The small flow sewage treatment facility to be designed,
installed, operated and/or maintained by a landowner upon any property
in the Township.
A sewage enforcement officer, code enforcement officer, certified
sewage treatment plant operator, Township employee, professional engineer,
solicitor, plumbing inspector, or any other qualified or licensed
person who is authorized to function as an agent of the Township.
[Ord. 12.2.08.01, 12/2/2008, § 3]
1.
The system shall be designed in accordance with the standards and
requirements of the Department of Environmental Protection. In addition
to those requirements, the design shall include the following:
A.
Convenient access shall be provided for the inspection and periodic
maintenance of all treatment systems.
B.
A readily accessible effluent sampling point shall be provided at
the discharge end of the system.
C.
An alarm system shall be provided for all pumps, aeration devices,
or other possible malfunctioning devices which make up the system.
Alarms shall include both visual and audible devices located so as
to be readily noticeable by occupants on the property. In addition,
an appropriate high level alarm in the dosing tank and an alarm for
the aeration motor, if applicable, shall be provided.
D.
Reasonable vehicular access shall be provided to the system for periodic
removal of sludge.
[Ord. 12.2.08.01, 12/2/2008, § 4]
The landowner must submit a sewage planning module to the Board
of Supervisors and DEP. After the planning module is approved, the
landowner must obtain require DEP permits. No building or system construction
may occur until a preconstruction meeting has been held with Township
officials, the system contractor, the landowner and the factory representative.
[Ord. 12.2.08.01, 12/2/2008, § 5]
After installation of the system, but prior to covering with
soil, the registered professional engineer for the landowner, Township
officials and factory representative shall conduct an inspection and
certify in writing that the construction and installation of the system
is in conformance with the permit issued by DEP. Notice of the system
inspection shall also be given to DEP at least 72 hours prior to inspection.
A copy of the written certification signed by all parties will be
sent to DEP and the Township official within 10 days of completion
of inspection. A service contract consistent with the requirements
of the National Sanitation Foundation must be signed and a copy sent
to DEP and the Township official when aerobic treatment units are
used. Copies of the operation and maintenance manuals shall also be
provided to necessary Township officials.
[Ord. 12.2.08.01, 12/2/2008, § 6; as amended by
Ord. 02.02.10, 2/2/2010, § 1]
Landowner shall provide the Township and Township Sewage Enforcement
Officer a complete set of "as built" plans for the system as finally
approved by DEP.
[Ord. 12.2.08.01, 12/2/2008, § 7]
The landowner is specifically required to meet all the operational,
maintenance and reporting requirements of DEP and the Township or
Township official. These include, but are no limited to, all requirements
on the DEP permit. The landowner shall also submit not less than quarterly
on or before the fifteenth day of January, April, July and October,
a certification, that to the best of their ability, they have inspected
the system at least monthly and are not aware of any malfunctions.
[Ord. 12.2.08.01, 12/2/2008, § 8]
In the event Township or DEP inspections indicate the need for
maintenance on any component or the system as a whole to bring the
system into compliance with the DEP permit or regulations, the landowner
shall complete such maintenance and obtain certification from the
landowner's engineer or Township official that the work has been
completed in accordance with appropriate standards. A landowner must
perform any necessary maintenance and the certification must be provided
within 72 hours of the time the problem was brought to the landowner's
attention.
[Ord. 12.2.08.01, 12/2/2008, § 9]
1.
A Township official may inspect the system at any time, but shall
sample the system at least three times per calendar year. At least
two of the samplings will be conducted between April 1 and September
30 of each year. At least one inspection will be conducted during
the remaining portion of the year.
2.
The inspection shall include the following:
A.
Testing for adequate chlorine residual at levels required by the
DEP permit. Landowners are required to test chlorine residual on a
monthly basis and keep a written record of the date and results of
the test. The landowner must assure that the chlorine residual levels
are in compliance with all relevant DEP standards.
B.
The inspector may collect a sample for fecal coliform analysis at
any time. An EPA approved laboratory must perform a bacteriological
analysis.
C.
The Township and/or Township official must retain copies of all written
inspection reports and lab results received in a permanent file. The
records shall be available for inspection by DEP upon request.
[Ord. 12.2.08.01, 12/2/2008, § 10]
In the event inspections or other review indicates the need
for repair or replacement of the system in order to bring the system
into compliance with the DEP permit or regulations, the landowner
shall complete such repairs or replacement and obtain certification
from landowner's engineer or the Township official that the work
has been completed in accordance with appropriate standards. Except
in the most extraordinary circumstances, the repairs may be completed
and the certification provided within 30 days of the time the problem
was brought to the landowner's attention.
[Ord. 12.2.08.01, 12/2/2008, § 11]
In the event the landowner fails or refuses to achieve timely compliance with the provisions for a system repair, replacement and/or maintenance as described in §§ 18-408 and/or 18-410, above, the Township or Township official shall have the right to enter upon the premises and to perform any repairs, replacement and/or maintenance with respect to the system. All such work will be done at the sole cost and expense of landowner. If feasible, the Township or Township official will make reasonable efforts to stop the flow in the system within 30 days after needed repairs may not have been done or within 72 hours in the event of a maintenance issue.
[Ord. 12.2.08.01, 12/2/2008, § 12]
During the period of time when the system is inoperable or incapable
of treating the discharged effluent to meet or exceed those standards
of DEP, landowner shall make the necessary arrangements to remove
said effluent and arrange for the appropriate disposition of the same
at a DEP permitted sewage disposal facility. In the event the landowner
shall fail to make the necessary arrangements for the removal of said
effluent within the time specified by the Township or Township official,
such time not to exceed 48 hours, the Township or Township official
shall have the right, upon the expiration of that 48 hours to enter
upon the premises and cause such effluent to be removed. Where the
landowner causes the effluent to be removed, he shall, upon request,
provide an agreement with a hauler providing for the removal and submission
of all pumping receipts. The landowner shall continue hauling effluent
until such time as the system has been properly certified as being
operable by the Township official or DEP.
[Ord. 12.2.08.01, 12/2/2008, § 13; as amended by
Ord. 02.02.10, 2/2/2010, § 1]
On or before January 30, of each year, the landowner deposit
with Township Sewage Enforcement Officer the sum of $300. The sum
represents the present inspection fee of $150 for the three inspections
and sampling of the system and a laboratory testing escrow of $150.
The landowner will be responsible for the actual laboratory testing
costs plus a 10% administrative fee for which Lycoming Sanitary will
make appropriate adjustments and send invoices on an annual basis.
The fees and escrow amounts may be modified by the Board of Supervisors
at their annual reorganization or other meeting.
[Ord. 12.2.08.01, 12/2/2008, § 14]
Landowner shall pay for any and all costs incurred by the Township
or Township official for inspections in excess of the three mandatory
annual inspections, sampling, repairs, replacement and/or maintenance
of the system. The landowner shall also pay for any and all costs
incurred in the removal of effluent in accordance with the terms of
this Part or any other steps taken to protect the environment. Said
costs to be paid within 10 days of demand. In the event the landowner,
or his or her heirs, successors or assigns, shall fail to pay for
such costs or expenses, the Township or Township official shall institute
suit against the landowner in a civil action or cause a lien to be
recorded on the property in accordance with the municipal lien law
for all costs and/or expenses incurred in the enforcement of this
Part, including reasonable attorney's fees.
[Ord. 12.2.08.01, 12/2/2008, § 15]
In order to secure the costs which may be incurred by the Township
or Township official and which are recoverable as provided herein,
the landowner, contemporaneously with permit approvals, or anytime
upon demand, shall deposit a sum of not less than $2,000 with the
Township. The deposit shall be held by the Township in an interest-bearing
account with the interest to be accumulated in the discretion of the
Township. Said sums may be used by the Township or Township official
for system, repair, replacement or maintenance in the sole discretion
of the Township or Township Official. Should the escrow fall below
the sum of $2,000, landowner shall be notified and, within 10 days,
restore the amount to $2,000. In the event the escrow account exceeds
$2,500, the excess deposit can be utilized to offset the annual inspection,
sampling and testing cost. Should DEP approval require the landowner
to establish a higher escrow, that amount shall prevail and be deposited
with the Township.
[Ord. 12.2.08.01, 12/2/2008, § 16]
Pursuant to 53 P.S. § 65741, any person who shall
violate any provision of this Part, shall, upon conviction thereof,
before a district magistrate, be subject to a penalty or fine of not
less than $100 per violation, but no more than $1,000 per violation,
together with the cost of prosecution for each such violation, and
may upon default of the payment of fines and costs be sentenced to
suffer imprisonment in accordance with law. Each day a violation exists
may be considered a separate violation. Said fines and penalties may
be collected by suit or summary proceeding brought in the name of
the Township or Township official. The Township or Township official
may utilize any other criminal or equitable remedy to seek enforcement
in compliance with this order.
[Ord. 12.2.08.01, 12/2/2008, § 17]
Landowners, for themselves, their heirs, administrators, executors,
successors and assigns, shall at all times hold the Township or Township
official harmless from any claims, suits, legal expenses or judgments
which may be brought against the Township or against any Township
official and/or against landowner or any of the successors in title
for any adverse conditions, casually and directly or indirectly related
to the operation landowner of the system. The landowner shall have
the duty to defend Township and Township official, including their
agents and employees against any claim or suit made by any person
which alleges that adverse conditions have been caused by the operation
or lack of maintenance of the landowner. In the event the landowner
fails to undertake such defense to any claim, and the Township or
Township official is required to enter upon its own defense, landowner
shall reimburse Township or Township official for any expenses that
may occur, including legal fees, engineering fees or other expert
witness fees and/or pay any judgment rendered against the Township
as the result of said suit. As to damages alleged to have been caused
by reason of the operation of the system, landowner shall have the
right and option to join Township in the defense and/or compromise
of such claim and landowner shall only be required to pay those damages
and expenses for which the landowner agrees to pay, it being the express
understanding of the parties hereto that the landowner shall only
be required to pay those damages and expenses for which the landowner
agrees to pay, it being the express understanding of the parties hereto
that the landowner shall not be responsible for any conditions occurring
that cannot be demonstrated to the operation and/or malfunction of
the system installed by the landowner. In the event the landowner,
or its heirs, successors or assigns, shall fail to pay the cost, legal
fees, other expenses or damages as herein provided and the Township
or Township official is required to pay the same, said party shall
have the right to recover said funds it has expended either by a civil
action against the landowner, or his or her heirs, successors or assigns,
or by causing a lien to be recorded on the property in an amount equal
to the sums required to be expended.
[Ord. 12.2.08.01, 12/2/2008, § 18]
If title to a property upon which a system is located is transferred
in any manner, the new landowner shall provide the Township with an
escrow account as required herein, within 30 days of the conveyance
or transfer. The existing financial security of the prior landowner
will not be released until the new transferee provides the escrow.
[Ord. 12.2.08.01, 12/2/2008, § 19]
Nothing in this Part shall be construed to waive, affect or
alter any requirements of the zoning, land development and subdivision
or any other ordinances or resolutions of the Township. Nothing contained
herein empowers any Township official to waive any requirements of
such ordinance and it is expressly understood and agreed that the
installation of the system upon the property does not in any way constitute
approval for any land development of the property.
[Ord. 12.2.08.01, 12/2/2008, § 20]
The landowner requesting the installation and operation of the
small flow treatment, system must enter into an installation and maintenance
agreement with the Township. This agreement will be in the form required
by the Township and list each party's responsibility for construction,
operation, maintenance and other necessary undertakings to maintain
the system. The landowner shall provide a copy of said agreement to
any Township official upon request.
