This article shall be known as and may be referred to as the
"Brecknock Township On-lot Sewage Disposal System Management Ordinance."
The following words and terms when used in this article shall
have the following meanings:
ABSORPTION AREA
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil; it consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. 1535, No. 537, as amended, 35 P.S. § 750.1 et
seq.
ADVANCED TECHNOLOGY SYSTEM
Any individual or community on-lot sewage disposal system
that requires an operation and maintenance agreement as specified
by the latest version of the PADEP Alternate and Experimental Technical
Guidance Manual.
AUTHORIZED AGENT
A certified Sewage Enforcement Officer (SEO), professional
engineer or sanitarian, plumbing inspector, soils scientist, water
quality coordinator, or any other person who is designated to carry
out the provisions of this article as an agent of the Board.
BOARD
The Board of Supervisors of Brecknock Township, Lancaster
County, Pennsylvania.
BONDED DISPOSAL SYSTEM
An individual sewage system located on a single lot serving
a single-family residence, where soil mottling is within 20 inches
of the mineral soil surface, and the installation, operation and replacement
of which is guaranteed by the property owner.
COMMUNITY ON-LOT SEWAGE SYSTEM
A system of piping, tanks, or other facilities serving two
or more lots and collecting, treating and disposing of domestic sewage
into a soil absorption area or retaining tank located on one or more
of the lots or at another site.
COMMUNITY SEWERAGE SYSTEM
A publicly or privately owned community sewage system which
uses a method of sewage collection, conveyance, treatment and disposal
other than renovation in a soil absorption area or retention in a
retaining tank.
DEP/THE DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
DEVELOPER
Any person, partnership or corporation which erects or contracts
to erect a building on property owned by it, with the intent to sell
the building to some other party upon its full or partial completion,
or upon the conveyance of property on which the building is to be
built.
EQUIVALENT DWELLING UNIT (EDU)
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial, or institutional establishment with sewage flows equal
to 400 gallons per day.
INDIVIDUAL ON-LOT SEWAGE SYSTEM
A sewage disposal system which uses a system of piping, tanks
or other facilities serving a single lot for collecting, treating
and disposing of sewage into a soil absorption area or spray field
or by retention in a retaining tank.
INDIVIDUAL SEWERAGE SYSTEM
A system which uses a method of sewage collection, conveyance,
treatment and disposal other than renovation in a soil absorption
area or retention in a retaining tank.
LOT
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed or
built upon as a unit; a designated parcel of land held in single and
separate ownership, undivided by any street or dedicated future right-of-way.
Such parcel shall be separately described by metes and bounds, the
description of which is recorded in the office of the Recorder of
Deeds of Lancaster County by deed description or is described by an
approved plat recorded in the office of the Recorder of Deeds of Lancaster
County.
MALFUNCTION
The condition that occurs when an on-lot system causes pollution
to the ground or surface waters, contamination of private or public
drinking water supplies, nuisance problems or a hazard to public health.
ON-LOT SEWAGE DISPOSAL SYSTEM
Also referred to as "on-lot system." Includes any sewage
disposal system identified in this article as "individual on-lot sewage
system," "community on-lot sewage system," "individual residential
spray irrigation system," or "advanced technology system."
OWNER
Any person, corporation, partnership, etc., holding deed
or title to lands within the Township.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to or exception to the Official Plan, submitted
in accordance with DEP regulations and in connection with the request
for approval of a subdivision or land development plan.
PRIMARY AREA
An area on a lot, tract or parcel of land that has been tested
by the SEO and found suitable, based upon the then-current DEP site
requirements for the installation of an on-lot sewage disposal system,
and which will be preserved and protected from alteration for installation
of the initial on-lot sewage disposal system for sewage generated
on that lot, tract, or parcel. (See "replacement area.")
PUMPER/HAULER BUSINESS
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a community or
individual on-lot system and evacuates and transports the septage
cleaned therefrom, whether for a fee or free of charge. For the purposes
of this article, any pumper/hauler business which shall operate within
Brecknock Township shall be required to register with the Township.
PUMPER/HAULER TRUCK OPERATOR
A natural person who engages in cleaning any or all components
of a community or individual on-lot sewage system and evacuates and
transports the septage cleaned therefrom, whether for a fee or free
of charge. For the purposes of this article, all pumper/hauler truck
operators shall be employed with a business registered with the Township.
REGULATIONS
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
REPAIR
Work done to modify, alter, rehabilitate or enlarge an existing
on-lot system.
REPLACEMENT AREA
An area on a lot, tract or parcel of land, separate from
the primary area, that has been tested by the SEO and found suitable,
based upon the then-current DEP site requirements, for the installation
of an on-lot system and which will be preserved and protected from
alteration for potential future use if the primary area on the same
lot, tract, or parcel shall fail for any reason. (See "primary area.")
RETAINING TANK
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes, but is not limited
to, the following:
A.
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
B.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
C.
PRIVYA tank designed to receive sewage where no piped water under pressure and no piped wastewater is available.
E.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste, employing the process of biological degradation through the action of micro-organisms to produce a stable, humus-like material.
F.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEPTAGE
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
SEWAGE
Any substance that contains any waste products, or excrement,
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, animal or aquatic life, or the use of
water for domestic water supply or for recreation, or a substance
which constitutes pollution to the waters of the Commonwealth under
the Clean Streams Law (35 P.S. § 691.1 through 691.1001).
SEWAGE ENFORCEMENT OFFICER (SEO)
Any person certified by the State Board for the Certification
of Sewage Enforcement Officers. As applicable to the permitting of
on-lot sewage disposal systems, such definition shall include any
person certified as above and who is employed by Brecknock Township
to administer the provisions of this article, the provisions of the
Act, and the regulations in PA Code Title 25, Chapters 71, 72, and
73.
SEWAGE FACILITIES
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 treatment and disposal of sewage or other waste.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the Township to effectively enforce and administer
this article.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
SOIL ABSORPTION SYSTEM
An on-lot system that uses the renovative capacity of the
soil for final treatment of the effluent. All SEO permitted systems,
except retention tank systems, are soil absorption systems.
SUBDIVISION
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. 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.
TOWNSHIP
Brecknock Township, Lancaster County, Pennsylvania.
TREATMENT TANK
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
A.
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
B.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
After the effective date of this article, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted by the Board unless the applicant presents to the Board evidence that each lot or lot to be created contains a suitable location for the installation of an initial on-lot sewage system. The Sewage Enforcement Officer shall perform or observe all tests required by Chapter
73 of the Regulations and this article for the location of an individual on-lot sewage system to confirm the suitability of the location.
A. A replacement area shall be required for all proposed or existing lots on which a dwelling or structure providing sanitary facilities is proposed to be constructed and which are intended to be serviced by a soil absorption system, except an IRSIS. All replacement areas shall be subject to testing and confirmation by soils testing as specified in Chapter
73 of the Regulations that the replacement area meets the minimum standards established for soil absorption systems. When required, the testing for a replacement area shall be conducted and the results provided to the Township prior to the approval of any plan of subdivision or land development. No replacement area shall be required for any application involving the replacement of an existing malfunctioning system unless required by the SEO.
B. Allowance of open land for the replacement area, without performance
of appropriate soil testing to verify suitability of the land for
a replacement area, shall not constitute compliance with the requirements
of this section.
C. The location of the primary and replacement areas shall be delineated
and identified as an absorption area on the plot plans, maps or diagrams
submitted as part of the permit application and subdivision or land
development plan.
D. If an application has been submitted as a part of an application
for approval or review of a planning module for land development,
the landowner shall identify the location of each on-lot sewage disposal
system and each replacement location upon the plans.
(1) If the application is for subdivision or land development approval,
the landowner shall include a note on the plans stating that:
(a)
No improvements, whether permanent or temporary, shall be constructed
upon or within the absorption area easement.
(b)
No permanent or temporary alterations, grading, excavation,
stockpiling of any soil or any other material shall take place on
or in the absorption area easement.
(c)
During any construction or other activities, the absorption
area easement shall be so marked to prevent equipment with greater
wheel loadings than a common garden tractor/riding mower from traveling
over or operating upon the surface of the absorption area easement.
(d)
The final cover or improvement to every absorption area shall
be limited to shallow-rooted plant matter.
(2) The landowner shall also prepare and submit to the Township for approval
a declaration of easement agreement which shall describe, by metes
and bounds, the absorption area easement and meet the identification,
non-use and preservation requirements of this section. The easement
descriptions shall provide adequate area for the entire on-lot system,
including any earthen berms and spray areas as necessary. The approved
declaration of easement shall be recorded at the Lancaster County
Recorder of Deeds Office. A copy of the recorded easement shall be
filed with the Township.
The Board may, by resolution, establish a fee schedule and collect
fees to cover the Township's actual costs of administering this
article at their discretion.
The Township shall be authorized to refer to the SEO any conditions
of an on-lot sewage disposal system which in the opinion of the Township
represent an imminent public health hazard or environmental threat.
Appeals from any action of the Sewage Enforcement Officer under
this article shall be made in writing to the Board of Supervisors
within 30 days from the date of the written determination of the Sewage
Enforcement Officer. All appeals shall be on forms prescribed by the
Township and shall be accompanied by the appeal fee established by
resolution or ordinance by the Board of Supervisors. The written appeal
shall specify the precise action from which the appeal was taken,
and shall set forth in concise terms the reason for the appeal and
any legal authority supporting the appeal. If the appellant desires
a hearing before the Board, the appellant must request a hearing in
the written appeal. If a hearing is requested in writing, the Board
shall conduct the hearing at a regular or special public meeting which
occurs not less than 14 days after receipt of the written appeal.
The hearing shall be conducted in accordance with the provisions of
the Local Agency Law, 2 Pa.C.S.A. § 551, et seq. The Board
shall render a decision on the appeal in accordance with the provisions
of the Local Agency Law. A written decision shall be issued within
20 days of the closing of the record. Appellant may be represented
by counsel.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit under Chapter
110, Zoning, or a permit to install an individual on-lot sewage disposal system, may request that the Board grant an exception to the requirement of providing a replacement location under §
86-26. Applicants for relief under this section shall submit a written application setting forth the information required by this section, and shall include the application fee established by resolution or ordinance of the Board of Supervisors. The applicant for such an exception shall present credible evidence to the Board of Supervisors demonstrating:
A. The lot was held in single and separate ownership on the effective
date of this article;
B. The results of a soil evaluation and testing that were conducted
and which determined that the soil conditions on the lot are of an
extent or nature that are only a primary absorption area exists on
the lot;
C. The inability of the applicant to acquire adjacent land or the unsuitability
of adjacent land which may provide a suitable replacement area;
D. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of §
86-26.
In case any improvement is constructed or any lot maintained
in violation of this article, or any on-lot system is installed, repaired,
constructed, altered or modified prior to the obtaining of a permit
as required by this article or in any manner which does not comply
with such permit, or any on-lot system is not properly maintained
or the malfunction of an on-lot system is not reported to the Township,
in addition to the other remedies provided by law, the Township may
commence any appropriate action or proceedings in equity to prevent
such unlawful construction, maintenance, alteration or repair of improvements,
or such unlawful maintenance of such lot, or the continued use of
such on-lot sewage system.