[Adopted 3-1-2012 by Ord.
No. 2012-02]
As mandated by the Second Class Township Code, the Clean Streams
Law (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), 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 Metal Township indicates that it is 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.
The purpose of this article is to provide for the inspection,
maintenance and repair of on-lot sewage disposal systems; to further
permit the Board to intervene in situations which are public nuisances
or hazards to the public health; and to establish penalties and appeal
procedures necessary for the proper administration of a sewage management
program.
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq.
A certified Sewage Enforcement Officer, code enforcement
officer, professional engineer, the Township Secretary, or any other
qualified or licensed person who is designated by the Board to function
within specified limits as the agent of the Township to carry out
the provisions of this article.
The duly elected Board of Supervisors of Metal Township,
Franklin County, Pennsylvania.
An individual employed or designated by the Township to administer
and enforce one or more ordinances in the Township.
A community sewage system which uses a system of piping,
tanks, or other facilities for collecting, treating, and disposing
of sewage into a soil absorption area or holding tank for more than
one residential and/or commercial structure.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (PaDEP), or its successor agency.
A tank, whether permanent or temporary, to which sewage is
conveyed by a water carrying system.
An individual sewage system which uses a system of piping,
tanks or other facilities for collecting, treating, and disposing
of sewage into an absorption area or holding tank.
A municipality (or any combination of municipalities acting
cooperatively or jointly under the laws of the commonwealth), county,
county department of health, or joint county department of health.
The 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 the building connected to the on-lot sewage disposal
system, or otherwise causes a nuisance hazard to the public health
or the pollution of ground or surface water or contamination of public
or private drinking water wells. On-lot sewage disposal systems shall
be considered to be malfunctioning if any of the conditions noted
above occur for any period of time during any period of the year.
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.
May include either an individual on-lot sewage system or
a community on-lot sewage system.
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., also known as Act 537.
An individual, association, public or private corporation,
whether for profit or not-for-profit, partnership, firm, trust, estate,
department, board, bureau or agency of the United States, state, commonwealth,
political subdivision, municipality, district, authority, or another
legal entity which is recognized by law as the subject of rights and
duties. The term includes the members of an association, partnership,
or firm and the officers of a local agency or municipality, or a public
or private corporation, whether for profit or not-for-profit.
Any tract of real estate whereon a system is or is intended
to be located within the management district.
Pennsylvania Septage Management Association, or its successor
organization.
Work done to modify, alter, enlarge or replace any portion
of an existing on-lot sewage disposal system.
A portion of a lot or a developed property, appropriately
sized to allow for the installation of a second on-lot sewage disposal
area, which is necessary when the originally installed on-lot sewage
disposal system malfunctions and cannot be properly repaired.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings 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.
The appointed official of the local agency who issues and
reviews permit applications and conducts such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated hereunder. All individuals serving as Sewage Enforcement
Officers for the Township shall be certified by the Commonwealth.
Includes any area or land development within the jurisdiction
of Metal Township that is not provided sanitary sewer service by the
Fannettsburg Wastewater Treatment Facilities which serves the Village
of Fannettsburg.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the Township to effectively administer, manage,
and regulate the disposal of sewage.
The coarse screenings, grit, and de-watered or air-dried
sludges, septic and holding tank pumpings, and other residues from
municipal and residential sewage collection and treatment systems.
The division or redivision of a lot, tract, or other parcel
of land into two or more lots, tracts, parcels, or, other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by court for distribution
to heirs or devisees, transfer of ownership, or building or lot development.
Whenever a lot is used for a more than one residential dwelling unit
or one or more multiple family dwellings or for commercial, institutional,
or industrial purposes, the lot shall be deemed to have been subdivided
(and shall fall within this definition of a subdivision) into an equivalent
number of single-family residential lots, as determined by estimated
sewage flows.
Metal Township, Franklin County, Pennsylvania, and its Board
of Supervisors.
From the effective date of this article, its provisions shall
apply in any portion of the Township identified and defined as being
part of the Township's Sewage Management District. Within such
an area or areas, the provisions of this article shall apply to all
persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing, repairing, or replacing on-lot
sewage disposal systems. Any contractual conditions for use of a property
(such as, but not limited to, a lease) shall not operate to relieve
the owner of any of the obligations imposed by this article, but any
owner may notify the Township in writing of the names of all adult
tenants of a leased property for purposes of sending notices, bills,
and other communications during the leasehold period. Primary responsibility
for compliance shall always remain with the property owner.
A.
No person shall install, construct, or request bid proposals for
construction or alteration of an individual on-lot sewage system or
community on-lot sewage system or construct or request bid proposals
for construction or install or occupy any building or structure for
which an individual on-lot sewage system or community on-lot sewage
system is to be installed, regardless of lot size, without first obtaining
the appropriate permit from the Township's Sewage Enforcement
Officer. Such permit shall indicate that the site and the plans and
specifications for such system are in compliance with the provisions
of the Pennsylvania Sewage Facilities Act, the standards and regulations
adopted pursuant to Act 537, and all applicable Township ordinances.
B.
No absorption area construction, including chisel plowing of the
site, shall commence, without obtaining approval from the Townships
Sewage Enforcement Officer. Approval shall be granted by the Sewage
Enforcement Officer, and a random installation code/number shall be
assigned to the site. The installation code shall be recorded on the
septic permit by the applicant and/or agent and by the Sewage Enforcement
Officer on the original copy of the permit for verification of approval
to start construction.
C.
No system or structure designed to provide individual or community
on-lot sewage disposal shall be covered from view until approval to
cover the same has been given by the Township Sewage Enforcement Officer.
If 72 hours have elapsed, excepting Sundays and holidays, since the
Sewage Enforcement Officer issuing the permit received written notification
of completion of construction, the applicant may cover said system
or structure unless permission has been specifically refused by the
Township Sewage Enforcement Officer. Applicant shall be responsible
for providing proof of receipt by the Township Sewage Enforcement
Officer of the notice required herein.
D.
The Township may require applicants for sewage permits to notify
the Township's Sewage Enforcement Officer of the schedule for
construction of the permitted on-lot sewage disposal system so that
inspections(s), in addition to the final inspection required by Act
537, may be scheduled and performed by the Township's Sewage
Enforcement Officer.
E.
No building or occupancy permit shall be issued by the Township or
its codes enforcement officer for a new building which will contain
sewage generating facilities until a valid sewage permit has been
obtained from the Township's Sewage Enforcement Officer.
F.
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 the Township Code
Enforcement Officer and the structure's owner receive from the
Township's Sewage Enforcement Officer either a permit for alteration
or replacement of the existing on-lot sewage disposal system or written
notification 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 increased sewage flows.
A.
Every on-lot sewage disposal system shall be maintained at all times
by the owner and tenant of a property in such condition as will permit
it to function in the manner in which it was designed and such as
to prevent the unlawful discharge of sewage. The owner of the property
shall have the ultimate responsibility of on-lot sewage disposal system
maintenance.
B.
Each person utilizing an on-lot sewage disposal system shall maintain
the area around such system so as to provide convenient access to
the on-lot sewage disposal system for inspection, maintenance, and
pumping.
C.
All septic tanks having an on-lot sewage disposal system shall be
pumped out within three years of the effective date of this article
and every three years thereafter. Any person owning a building served
by an on-lot sewage disposal system that contains a septic tank shall
have the septic tank pumped empty by a certified hauler within the
timeframe indicated in notification from the Township to do so. After
the initial pumping period, all septic tanks shall be subject to inspection
every three years. At no time shall the depth of the scum be below
the depth of the outlet baffle. If this condition should occur, then
the tank shall immediately be pumped.
In the event any person had their septic tank pumped within
12 months of a notice to pump and said person can verify said pumping
with a dated certified haulers receipt with no indication of system
malfunction(s), then said person shall be exempt from pumping their
septic tank during their cycle.
D.
Holding tanks shall also be pumped out at such intervals as will
prevent overflow, leakage, backup, and other malfunctions of an overloaded
system. No on-lot sewage disposal system shall be altered, damaged,
by-passed, or otherwise utilized in a manner which is not consistent
with its intended purpose to prevent sewage from entering the surrounding
soil.
E.
The pumping requirement for septic tanks may be increased to more frequent intervals for proper operation of the on-lot sewage disposal system if the Township finds that the on-lot sewage disposal system is undersized, that the on-lot sewage disposal system is malfunctioning, that the on-lot sewage disposal system has malfunctioned in the past, that seasonal use will significantly increase use of the on-lot sewage disposal system, that the number of people using the on-lot sewage disposal system has increased, that solid build up in the tank is above average, that the hydraulic load on the system increased significantly above average, that a garbage grinder has been installed, or for other good cause. The Township shall terminate its requirement for increased frequency of pump-out upon elimination of the factor causing the requirement. An owner may appeal the determination of an increase in the required frequency of pump-out through the appeal process set forth in § 18-25 of this article.
F.
The Township will allow other maintenance activities to be performed
to an on-lot sewage disposal system during regularly scheduled pump-out
of the septic tank. These additional maintenance activities are limited
to: cleaning and unclogging of pipelines from the structure to the
septic tank only; replacement of inlet and/or outlet baffles in the
tank; installing effluent filters and/or gas deflectors; and installing
risers. Any additional activity may not be performed without a valid
sewage permit issued by the Township Sewage Enforcement Officer.
G.
If any inspection of an on-lot sewage disposal system reveals the
need to pump out or perform maintenance on a septic tank prior to
its next regularly scheduled pump-out, the owner shall complete the
necessary maintenance activity within 30 days of receipt of the inspection
report. If such activity is not completed within this time period,
the Township may undertake the required activity and the costs therefore
shall be assessed against the owner plus $50 for overhead, administration,
and supervision.
H.
All septic tanks shall be pumped out by a hauler registered in accordance with § 18-24 of this article. A manifest receipt, on forms issued by the Board or certified agent, shall be provided for the owner by the licensed hauler. The proper manifest receipt shall be submitted to the Township Supervisors, its authorized agent, to serve as proof of compliance with pump-out requirements of this section. A copy of the receipt manifest shall be retained by the owner for record-keeping purposes.
I.
Each time a septic tank or retaining tank is pumped out, the Township,
its authorized agent, or a Township approved sewage waste hauler,
whichever provides the service, shall provide for the owner of the
system a signed receipt containing the following information: date
of pumping; name and address of system owner; address of tank's
location if different from owner's; size of the tank; age of
the system; date of last pump-out; list of other maintenance performed;
any indications of system malfunction observed; amount of sewage removed:
cost of pumping service; hauler state license number permitting it
to collect and haul sewage in the Commonwealth of Pennsylvania; any
recommendations.
(1)
A receipt shall be submitted to the Township to serve as proof of
compliance with pump-out requirements of this section. A copy shall
be retained by the system owner.
(2)
Receipts from the hauler shall be submitted to the Township within
five business days following the end of each month.
(3)
All haulers shall be registered by the Township and shall submit
written reports to the Township for all pumping activity and shall
indicate the condition of the tank.
A.
All systems shall be inspected by the Township or its authorized
agent within five years of the effective date of this article and
every seven years thereafter to determine whether or not the system
is operating properly. Nevertheless, systems may be inspected by the
Board, or its authorized agent, at any time to determine whether or
not the on-lot sewage disposal system is operating properly. Such
inspection may occur in different months of each inspection year and
shall include inspection of such components of the on-lot sewage disposal
system as the inspector deems necessary. Inspection may include sampling
of soils in and around the disposal field, surface water on or adjacent
to the property and ground water from active or inactive wells in
and around the disposal field. It may also include review of manifest
receipts for pumping of an on-lot sewage disposal system or holding
tank. Landowner is responsible for any and all costs associated with
this subsection. The Township may charge a reasonable fee for inspection
service which shall be paid by the landowner within 30 days of invoicing.
B.
The frequency of inspection on any property may be increased if an
on-lot sewage disposal system is reported as currently malfunctioning,
if a previous inspection reveals a malfunctioning on-lot sewage disposal
system, if the on-lot sewage disposal system has malfunctioned in
the past, if seasonal use will significantly increase use of the on-lot
sewage disposal system, if the number of the people using the on-lot
sewage disposal system increases, and for other good cause.
C.
An inspection report to the Board shall be made in writing when any
authorized agent has inspected a property and observed a malfunctioning
system. After receiving a signed, written complaint by any person
of the existence of a possible malfunction, the Board may cause an
inspection of the on-lot sewage disposal system to be made by the
Township Sewage Enforcement Officer, at the expense of the property
owner.
D.
A copy of the inspection report shall be furnished to the occupant
of the property and the owner, at the owner's last known address,
and shall contain, insofar as reasonably ascertainable, the date of
inspection, name and address of on-lot sewage disposal system owner
as appears on the records of the Township, a description and diagram
of the location of the on-lot sewage disposal system, the apparent
size of the tank and disposal field, the number of users, any indications
of on-lot sewage disposal system malfunction observed, the results
of any soil and water tests, the indicated frequency of pumping the
tank and any required remedial action.
E.
A newly installed or repaired on-lot sewage disposal system must
be built with: markers; and a riser built to grade over all compartments;
and an access hatch. The riser and access hatch shall be constructed
so as to enable easy access to the waste disposal tank and prevent
odors from escaping, prevent children from removing the hatch, and
provide accessibility for provisional inspection. A new or repaired
holding tank shall have installed a marker or markers at ground level
locating the subsurface tank and means of access to the tank to enable
inspection and removal of sewage by the hauler.
F.
All existing holding tanks shall have a visual content level indicator
attached which is maintained in good working order at all times.
G.
If any system is found to be in violation of Act 537 or of this article,
the property owner shall be responsible to reimburse the Township
for the actual cost of inspection, documentation, and compliance.
A.
Any on-lot sewage disposal system or component thereof found to be
malfunctioning shall be repaired, modified, or replaced pursuant to
direction of the Board, or its authorized agent, to correct the conditions
caused by the malfunction. Repair shall be performed in accordance
with Chapter 73, "Standards for Sewage Disposal Facilities" of Title
25, Rules and Regulations, Department of Environmental Protection,
as amended and/or superseded. The Township Sewage Enforcement Officer
shall inspect repair and certify compliance with local and state standards,
by issuance of permit.
B.
Repair, modification, or replacement pursuant to direction of the
Board, or its authorized agent, shall commence within 30 days of issuance
of the order and shall be completed within 90 days unless seasonal
conditions mandate a longer period, in which case the Board shall
set the extended completion date. If work is not commenced or completed
within the allotted time period, the Board, or its authorized agent,
or a private party under contract to the Board may, but need not,
undertake the required repair, modification or removal. If performed
by a private party at the direction of the Board, the private contractor
shall be paid by the Township for work performed, and the property
owner shall be assessed for costs incurred.
C.
The owner of any on-lot sewage disposal system shall not undertake
any independent repair, modification, or replacement of a system without
approval of the Township Sewage Enforcement Officer. Upon completion,
the Township Sewage Enforcement Officer shall inspect the repaired
on-lot sewage disposal system and certify its compliance with State
and local standards by a notation of final approval on the permit.
D.
If, in the opinion of the Board, or its authorized agent, an on-lot sewage disposal system cannot be repaired, modified or replaced in order to abate a malfunction, or if repairs, modification, replacement, or maintenance has not been performed within applicable time limits, notice shall be given to the owner(s) and tenant(s) of such condition, and that operation of the system must be terminated. Either tenant or owner may appeal such determination through the appeal process detailed in § 18-25 of this article, and must exhaust such appeal remedy before appealing to a court.
A.
All on-lot sewage disposal systems shall be operated by the user
in such manner as will be in full compliance with the terms of this
article, all other Township ordinances, as amended from time to time,
and all commonwealth statutes, rules, and regulations, as amended
from time to time.
B.
Only sewage and normal domestic wastes shall be discharged into an
on-lot sewage disposal system. The following waste shall not be discharged
into the on-lot sewage disposal system: fats, grease and garbage grindings,
automobile oil, toxic or hazardous substances, or chemicals, including
but not limited to: pesticides, disinfectants, acids, paint, paint
thinner, herbicides, and solvents.
C.
All sewage and discharges of water resulting from usage in any structure
shall be discharged only into the treatment tank and, ultimately,
into the on-lot sewage disposal system on the property.
D.
Users are encouraged to minimize water use and install water saving
devices in order to increase efficiency and promote a longer life
of the on-lot sewage disposal system.
A.
Any authorized agent, upon presentation of proper identification,
shall be permitted to enter upon any property for purpose of inspection,
observation, sampling, maintenance, and repair of an on-lot sewage
disposal system in accordance with the provisions of this article
and Act 537.
B.
Prior to entry on a property by an authorized agent, the occupant of a property may be given advance notice of the intent to enter upon the property for inspection or other activity. The purpose of such advance notice is to enable the occupant to be personally present or represented by an agent at the time of such entry. If any adult occupant is personally present on the property at the time a request to enter is made by an authorized agent, any advance notice may be waived by the occupant if the purpose of the entry is inspection or sampling. Advance notice shall be given at least 24 hours prior to entry, unless waived, and shall be by telephone, ordinary U.S. mail, or by notice posted on the entrance to the residence or other place where it is likely to be seen by the occupant. In the event that the property appears to the authorized agent to be vacant, notice shall be given to the owner. If mail notice is given to an occupant or owner under any of these circumstances, it shall be given by ordinary U.S. mail to the last known address of the person to whom addressed at least seven days prior to intended entry. In any instance where an occupant's name and whereabouts are not known, then notice shall be given by posting on the property. The last known address for any owner shall be that address which appears in the records of the Franklin County Assessment Office. This Subsection B shall not be applicable, and no notice need be given before entry, where it can be observed from the public street that an on-lot sewage disposal system is malfunctioning or being operated improperly.
C.
Failure to give due notice as provided herein shall not give rise
to any cause of action against the Township for trespass, invasion
of privacy or any other damages whatsoever. The Township shall be
responsible, however, to the occupant or owner as the case may be,
for any physical damage caused to the property by such entry.
[1]
Editor's Note: Former § 18-23, Changes of ownership,
was repealed 7-3-2014 by Ord. No. 2014-01]
A.
All sewage and sewage sludge disposed of within the Township shall
be disposed of at sites or facilities approved by the Pennsylvania
Department of Environmental Protection and operated in accordance
with Commonwealth of Pennsylvania regulations.
B.
The Township may provide for the pumping out of any on-lot sewage
disposal system within the Sewage Management District, either by its
own operators and equipment or by contract with one or more approved
haulers. In the event the Township undertakes to operate or contract
for a pumping out of on-lot sewage disposal systems all persons within
that area shall either contract with the Township for regular pumping
out or contract with a hauler approved by the Township and shall not
undertake pump-out in any other manner.
C.
In the event the Township provides for disposal of sewage or sewage
sludge at a site or facility owned and operated by it, acceptance
of sewage or sewage sludge not collected within the Sewage Management
District or the Township may be restricted, and if such restriction
exists the hauler must certify to the disposal site or facility operator
upon delivery of the sewage or sewage sludge that the entire contents
of the truck comes from sources within the Township, failing which,
the entire truck load may be refused.
D.
It shall be a violation of this article for any person unauthorized
by the Board to collect or transport sewage or sewage sludge within
the Township. Any and each such collection is a violation hereof from
one or more locations within the Township shall constitute a separate
and distinct offense punishable as hereinafter provided.
E.
Applicants for hauler's registration must furnish the following
information on the applicable form to be prescribed and provided therefore
by the Board:
(1)
The name, address, and telephone number of the hauler making application.
(2)
The vehicle registration number, state of registration, and the make,
model and size of each vehicle to be used for collection and hauling.
(3)
A certificate of the applicant's insurance coverage certifying
the maintenance by the applicant of complete third-party comprehensive
and liability insurance covering bodily injury and property damage,
the limits of which shall be not less than $500,000 for bodily injury
and $250,000 for property damage if separate limits are applicable.
If the policy provides for combined limits, then the minimum combined
coverage for property damage and bodily injury shall be $750,000.
(4)
A certificate of the applicant's workman's compensation
insurance, if available under the laws of the Commonwealth of Pennsylvania.
(5)
Any and all additional information which the Township may request
and deem necessary prior to registration.
F.
The Board may deny hauler's registration for any of the following
reasons:
(1)
If the applicant has previously had hauler's registration revoked
or suspended in this Township or elsewhere.
(2)
If the applicant has violated, or is violating any ordinance of the
Township, the Solid Waste Management Act, the Pennsylvania Sewage
Facilities Act or any regulations of the Pennsylvania Department of
Environmental Protection relating to the environment, solid waste,
or sewage facilities, or has been convicted of any such violation.
(3)
If the applicant has any uncollected judgments filed against him
resulting in lawsuits filed against him by a customer.
G.
Hauler's registrations shall be issued on a calendar year basis,
but may be revoked at any time by the Township in accordance with
the following:
(1)
Failure of the registrant to furnish and provide collection and transportation
of sewage or sewage sludge in accordance with the terms of this article
and the conditions under which the registration was issued.
(2)
Failure to provide reports in a timely fashion, i.e., within five
business days after the end of each month.
(3)
Failure to maintain proper liability insurance and/or worker's
compensation insurance, as required by this article.
(4)
Appeals. Any action by the Township regarding the revocation of a hauler's registration may be appealed by the aggrieved party through the administrative appeal process detailed in § 18-25.
(5)
Issuance of hauler's registration under this section does not
grant a vested right to any collector to a continued right to haul
or collect sewage or sewage sludge in the Township.
H.
Conditions relating to hauler's registrations.
(1)
Number of vehicles. Persons receiving hauler's registration
shall not use more vehicles for the collection and hauling of sewage
or sewage sludge within the Township than the number of vehicles listed
on the application and approved on the registration issued. A registration
applies only to the vehicles listed thereon. The bumper stickers issued
with a registration must be affixed only to those vehicles listed
on the registration, and may not be transferred to any other vehicle
not listed on the registration. Any change in the listed vehicles
as reported in the application for registration must be reported to
the Township at least five days prior to the date such a change will
take place except in an emergency, provided the Township is promptly
notified thereof. The permanent replacement of one collection vehicle
with a different one shall require modification of the registration
and issuance of a new bumper sticker. The use of a temporary replacement
vehicle by reason of the withdrawal of a vehicle from service for
scheduled or unscheduled maintenance shall not require modification
of the registration but shall be reported to the Township immediately
by the collector.
(2)
The registrant shall be responsible for maintaining such vehicle
used for collection in the Township and be kept in good operating
condition to assure that the schedule of collections can be maintained.
The vehicles must be kept clean and painted so as to present a favorable
appearance. The Township shall have the right to inspect all vehicles
prior to the issuance of a registration and during the period the
registration is in effect.
I.
Manifesting requirements.
(1)
Before collecting or transporting sewage or sewage sludge, a hauler
shall print his/her name, sign and date a four part manifest and by
the signature, acknowledge acceptance of the sewage waste from the
generator.
(2)
Before leaving the generator's property, the hauler shall ensure
that all copies of the manifest are properly completed and capable
of being read and shall return copy four of the manifest to the generator.
(3)
The hauler shall ensure that the manifest encompasses the sewage
or sewage sludge shipment.
(4)
The hauler who delivers the sewage or sewage sludge to the processing
or disposal facility or site shall:
(a)
Obtain on the manifest the date of delivery, the printed or
typed name, and hand written signature of the owner or operator of
the designated facility on site.
(b)
Send copy one of the manifest to the SEO within five business
days of the end of each month.
(c)
Send copy two of the manifest to the Township within five business
days of the end of each month.
(d)
Retain copy three of the manifest.
(e)
Provide copy four of the manifest to the generator within seven
days of the date of receipt of the sewage or sewage sludge.
The fees for any application, inspection, review, or other matters
undertaken by the Township or authorized agents under this article
shall be sufficient to cover the fair and reasonable expenses of those
activities and shall be such as are prescribed by Township resolution,
from time to time. These fees include, but are not limited to the
following:
A.
Pumping out of retaining tanks or septic tanks shall be charged as
established from time to time by contracted haulers.
B.
The Township shall have authority to contract with any private person,
partnership, corporation, or any public agency to undertake any activity
necessary to fulfill the requirements of this article.
C.
The established fee for processing an application to permit construction
or repair of an on-lot sewage disposal system shall be payable to
the Township, or its authorized agent, upon the issuance of the permit.
D.
All other charges incurred by or on behalf of the Township and all
charges for inspection, re-inspection, or other matters undertaken
by the Township under this article shall be billed to the owner(s)
of a property and be payable within 15 days. Thereafter, a late payment
penalty of one per month for each month in which the payment is not
made will be assessed.
E.
Outstanding delinquent charges shall constitute an assessment and
lien against the property and may be filed as a municipal claim with
the Court of Common Pleas of Franklin County.
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this article. The Board may
establish a fee schedule, and subsequently collect fees, to cover
the costs to the Township of administering this program.
A.
Appeals from decisions made under this article shall be made to the
Board by any aggrieved party in writing within 30 days from the date
of the decision.
B.
An appellant shall be entitled to an administrative hearing before
the Board at its next regularly scheduled meeting if made at least
14 days prior to the meeting, or at the next subsequent meeting. The
Board may thereafter reverse, modify, or affirm the decision and the
hearing may be postponed for good cause shown by the appellant or
the Township. Additional evidence may be introduced at a hearing provided
it is submitted with the written notice of appeal. A party may be
represented by another person empowered to act on appellant's
behalf. No transcript of the hearing shall be necessary.
C.
The Board shall render a decision within 30 days thereof. If no decision
is rendered within such time, the relief sought by appellant shall
be deemed granted.
A.
Criminal penalties.
(1)
This article shall be enforced by an action brought before a
magisterial district judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Township Solicitor may assume charge of prosecution without the
consent of the District Attorney as required under Pa. R. Crim. P.
No. 83(c) (relating to trial in summary cases), as amended from time
to time. Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding, be punishable by a
fine of up to $1,000 or imprisonment for a period not to exceed 90
days.
(2)
Each day of a continuing violation shall be considered a new
and additional violation of this article. In addition, a violation
of each section of this article shall constitute a separate offense.
B.
Civil penalties.
(1)
In addition to any criminal enforcement, the Township may enforce this article civilly by sending a written notice to the landowner stating the nature of the violation and the penalties prescribed in Subsection B and providing a reasonable time limit for the satisfactory correction thereof The landowner shall within the period of time stated in such notice permanently cease such violation or violations.
(2)
Any person who shall violate any provision of this article and
who shall continue any violation beyond the time limit provided for
in notice of violation shall, upon conviction thereof, be subject
to a penalty not to exceed $600 for each day a violation continues
un-remedied after notice of violation shall have been given.
(3)
It shall not be a defense for any penalty herein imposed that
written notice of the violation and correction period has not been
actually received by a person alleged to be in violation of this article
if the same is:
C.
Notice to one of multiple owners shall be deemed notice to all.
