This chapter shall have as its purpose the establishing of procedures for issuing permit applications and permits and for setting fees for permit applications in the enforcement of the Pennsylvania Sewage Facilities Act of 1966 (P.L. 1535) and Act 208 of 1974 (Senate Bill 1550) and amendments thereto,[1] and all persons installing an individual or community sewage disposal system shall first obtain a permit which certifies that the site, plan and specifications of such systems are in compliance with the Pennsylvania Sewage Facilities Act of 1966 (P.L. 1535) and Act 208 of 1974 (Senate Bill 1550) and amendments thereto, and all other rules and regulations adopted pursuant to the Acts, and conforms with the provisions of this chapter and all other applicable ordinances and regulations.
[HISTORY: Adopted by the Borough Council of the Borough of Milford 9-13-1976 by Ord. No. 201, approved 9-13-1976 (Ch. 88 of the 1979 Code). Amendments noted where applicable.]
The following administrative procedures shall be followed by the applicant and the Sewage Enforcement Officer:
A.
Upon payment of the required fee, as hereinafter set forth, to the Borough Secretary or to someone else designated by the Borough Council, permit application forms shall be issued to the applicant.
B.
Part I of the application shall be completed by the applicant and submitted to the Borough Secretary or to someone else designated by the Borough Council.
C.
Part IV of the application shall be completed by the applicant and the Sewage Enforcement Officer. All equipment, labor and materials and costs incident thereto for the preparation of test holes shall be borne by the applicant.
D.
Part III of the application shall be completed by the applicant and confirmed by the Sewage Enforcement Officer after completion of the above-mentioned tests.
E.
The applicant shall provide information concerning the component parts of the sewage disposal system by utilizing a simple layout sketch, in accordance with rules and regulations of the Sewage Facilities Act of 1966 (P.L. 1535) and Act 208 of 1974 (Senate Bill 1550)[1] and amendments thereto. If necessary, additional sheets measuring 8 1/2 inches by 11 inches for layout sketches may be used by the applicant.
F.
Applications will be available from the Borough Secretary or from someone else designated by the Borough Council. The procedures for completing the application form shall follow the instructions printed on the back of the application form.
G.
Permits shall be required for any conversion from residential use to any nonresidential use, or from residential use to a combination of residential use and nonresidential use(s), or from single to multiple nonresidential uses, or from multiple nonresidential uses to a larger number of nonresidential uses. Such applications shall include the following:
[Added 7-6-1998 by Ord. No. 310]
(1)
The water meter readings for the building for the 12 months immediately preceding the application.
(2)
The current use(s).
(3)
The total number of current employees or residents.
(4)
The number and type of current high water usage fixtures such as dishwashers, sinks, etc.
(5)
The number of existing bathrooms.
(6)
The number of current clients, visitors or shoppers per day.
(7)
Any other data that may be helpful in comparing current to proposed water and sewage use.
(8)
The proposed use(s).
(9)
The total number of proposed employees or residents.
(10)
The number and type of proposed high water usage fixtures such as dishwashers, sinks, etc.
(11)
The number of proposed bathrooms.
(12)
The number of proposed clients, visitors or shoppers per day.
(13)
The history of any system malfunctions on the subject site.
H.
The SEO shall approve permits under Subsection G herein only when the SEO is able to determine that the proposed use(s) will utilize the same or less water that the previous use and that the sewage system in place was adequate to properly process the sewage from the existing use(s). If the proposed use(s) will, in the opinion of the SEO, utilize more water than the current use(s), the SEO shall deny the permit unless the applicant provides the SEO with adequate data to satisfy the SEO that the existing system is adequate to process the additional flow. The SEO may consult with the Borough Engineers, at the cost of the applicant, for evaluation of applications under this section.
[Added 7-6-1998 by Ord. No. 310]
All applicants whose systems, which according to the provisions of Act 208 of 1974 (Senate Bill 1550) and amendments thereto require that the design and construction be supervised by a professional engineer, shall pay all engineering costs directly to the engineer commissioned by the applicant and the Sewage Enforcement Officer shall be notified of the commencement of construction.
[Amended 9-14-1987 by Ord. No. 258; 1-5-1997 by Res. No. 1998-2]
A.
The Milford Borough Council shall, from time to time, designate such fees as they may deem appropriate, by resolution, to compensate the Borough and its appointed officials for the administration of this chapter.[1]
[Amended 7-6-1998 by Ord. No. 310]
[1]
Editor's Note: Original Section 88-5B, C and D of the 1979 Code, providing for fees for the correction or alteration of an existing system, sewage site evaluation, and a sewage officer fee schedule, respectively, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following items shall be completed before the Sewage Enforcement Officer is asked to conduct a final site inspection and grant approval to cover this system:
A.
Building sewer.
(1)
The building sewer shall be laid at final grade on compacted soil to a firm and nonyielding base.
(2)
The building sewer shall be equipped with a cleanout at the junction of the building sewer and the house sewer.
(3)
The point at which the building sewer enters the treatment tank shall be sealed and made watertight.
B.
Septic tanks.
(1)
Septic tanks shall be placed on final ground compacted to a firm and nonyielding base.
(2)
Septic tanks shall be backfilled to within the inverts of both the influent and effluent lines.
(3)
All manholes shall be open for internal inspection of the septic tank.
(4)
The extension cleanout shall be installed.
(5)
The effluent line from the septic tank shall be sealed and made watertight.
C.
Aerobic treatment tanks.
(1)
All aerobic treatment tanks shall conform to National Sanitation Foundation Standard No. 40 or equivalent.
(2)
All electrical wiring to include control box shall be installed at the time of final inspection.
(3)
An access point shall be made for control and monitoring of treated effluent.
(4)
The Borough shall make an operational inspection of the aerobic treatment tank when it is placed into operation.
E.
Absorption area.
(1)
Hay or untreated building paper shall be in place at the time of inspection.
(2)
When seepage beds or elevated sand mounds are used, all lines shall be exposed.
(3)
When an elevated sand mound is used, the sidewall and berm shall be in place and at final grade.
(4)
When trenches are used, the tile line at both ends of each trench shall be exposed.
(5)
When serial distribution is used, trench relief lines shall be exposed at the inlet and outlet box inverts.
(6)
Under no circumstances shall heavy equipment be driven on the absorption area during backfill operations.
[Added 11-6-1989 by Ord. No. 268; amended 7-6-1998 by Ord. No. 310]
A.
No sewage system will discharge untreated or partially treated sewage to the surface of the ground or into the waters of the Commonwealth of Pennsylvania, except as specifically approved by DEP pursuant to Sections 202 and 207 of the Clean Streams Law.[1] Unauthorized discharges shall be deemed to constitute malfunctioning sewage disposal systems and, when so ordered by the Sewage Enforcement Officer, an owner or operator of a malfunctioning sewage disposal system shall, within 10 days, contain said malfunction and, within 30 days, attempt to correct said malfunction by taking measures which will achieve maximum practical compliance with the current standards of DEP's rules and regulations, including, if necessary, the reconstruction, upgrading or replacing of such systems. Failure to contain the malfunction within 10 days or commence repairs within 30 days of notice shall constitute a violation of this chapter unless good cause as to why additional time is needed is shown to the Borough Council.
B.
Where DEP standards cannot be met in the reconstruction of such a malfunctioning system due to inadequate land area, poor soils or other site characteristics, the Sewage Enforcement Officer may order the use of water conservation devices, aerobic treatment tanks, septic tank modifications, holding tanks or other measures to reduce the effluent flow or otherwise control effluent characteristics and thereby reduce the hydraulic and/or organic loadings on the system.
C.
A malfunctioning sewage disposal system may be evidenced by discharge of effluent to the surface of the ground, bacteriological samples or dye tests which confirm pollution of wells or streams or the backup of sewage into house sewers. The SEO shall, subject to the requirements and authority of the Sewage Facilities Act[2] and the Borough Code, in response to written complaints by affected persons or with other evidence of nuisance to the public health, inspect any property, determine the existence of a malfunction and direct remedial action. A plot plan shall be prepared indicating a layout of the lot and all surface features which may have caused or contributed to the malfunction, including isolation distances to wells, streams and the like.
D.
Upon completion of the required measures to correct the malfunction, the SEO shall make such inspections as may be necessary to determine compliance with this chapter and specify a schedule for periodic follow-up inspections to determine whether the corrective action has cured the problem. Fees for the work performed by the SEO in this regard shall be established by action of the Borough Council from time to time.
E.
The Council may also, upon evidence of more than one malfunction in a particular vicinity, as defined by the boundaries of a particular soil type, order the inspection of all sewage systems in that area and/or require regular periodic inspections for purposes of identifying and correcting malfunctions in high-risk areas. Additional criteria for defining the extent of such high-risk areas may be set forth by action of the Council.
[Amended 6-18-1979 by Ord. No. 222; 11-7-1988 by Ord. No. 264; 7-6-1998 by Ord. No. 310]
A.
The planning, design, construction, operation and/or maintenance of any sewage disposal system shall be undertaken only in accord with the requirements of this chapter. Any owner, licensed operator, person, association, or corporation who plans, constructs, operates and/or maintains any sewage disposal system not in accord with any of the planning, design, construction, operation, maintenance, testing, reporting and/or any other requirements of this chapter, or who violates any of the conditions of approval attached to any permit issued in accord with this chapter, or who is the owner of a property on which a condition exists which constitutes a nuisance under the Sewage Facilities Act[1] shall be considered to be in violation of this chapter.
B.
Any such owner, licensed operator, person, association, or corporation who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Pike County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
In addition to the remedies set forth herein, the Borough may, at its option, assess a civil penalty pursuant to the provisions of Section 13.1 of the amendments to the Sewage Facilities Act set forth in Act 149 of 1994 which are incorporated herein by reference thereto.