[Adopted 7-23-1991 by Ord. No. 82; amended 4-13-1993 by Ord. No. 88; 9-9-2014 by Ord. No. 201-2014]
This article shall be known as and may be referred to as the
"Brecknock Township On-lot Sewage Disposal System Management Ordinance."
A.
The Board of Supervisors recognizes that individual and community
on-lot sewage disposal systems constitute a valid and approved manner
of conserving the quality of the water and other natural resources
of the Township through proper treatment of wastes generated by development
within the Township. The use of individual and community on-lot sewage
systems must be regulated in accordance with the regulations promulgated
by the Department of Environmental Protection which pertain to the
location and permitted types of on-lot sewage systems. In addition,
the Township has determined that, should the on-lot sewage system
installed by a landowner fail, the water quality and other natural
resources of the Township may be polluted. It is especially of concern
to the Board that such pollution may occur when a system fails and
there is no suitable area on the lot for the installation of a replacement
system. Therefore, in order to protect the water quality and other
natural resources of the Township, thereby protecting the health and
welfare of residents and visitors, the Board of Supervisors desires
to require that all landowners provide and set aside areas for the
installation of replacement individual and community on-lot sewage
disposal systems.
B.
The purposes of this article include:
(1)
The regulation of the installation, inspection, operation, rehabilitation,
replacement and timely on-going maintenance of on-lot systems within
the Township; and
(2)
The establishment of provisions and safeguards for the Township which
enable the issuance of permits for individual and community on-lot
sewage disposal systems, bonded disposal systems and individual residential
spray irrigation systems (IRSIS) by and through the Sewage Enforcement
Officer (SEO); and
(3)
Establishment of minimum standards for the periodic pumping of treatment,
dosing and lift-pump tanks which are components of on-lot systems
permitted by the SEO; and
(4)
Adoption, by reference, of standards for initial and subsequent pumping
of on-lot systems and tanks.
A.
A certain document is presently on file in the office of the Secretary
of the Township of Brecknock, being marked and designated as Chapters
71, 72 and 73 of Title 25 of the Pennsylvania Code, being promulgated
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania, and is hereby adopted as the sewage permit application
and installation procedure of the Township, and each and all of the
regulations contained in the said chapters are hereby adopted by the
Township except as modified by this article. It is the intent of the
Board of Supervisors to adopt all subsequent amendments and revisions
to the said chapters as permitted by law and in accordance with the
provisions of 1 Pa.C.S.A § 1937(a). If such an intent is
found invalid by a court of competent jurisdiction, it is the intent
of the Board to adopt said chapters as they existed on the effective
date of this article.
B.
The Board of Supervisors of Brecknock Township has adopted a sewage
facilities plan pursuant to such statutory authority granted the municipality
in the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., ("the Act"), as implemented by and through the regulations
issued by the Pennsylvania Department of Environmental Protection,
Title 25, Chapters 71, 72 and 73. The Board of Supervisors is authorized
pursuant to such statutory authority to take actions necessary to
assure continued compliance of individual and community on-lot sewage
facilities with the Act, the Clean Streams Law and regulations promulgated
thereunder. The sewage facilities plan of Brecknock Township provides
that a permitted means of sewage disposal within the Township is on-lot
soil-based sewage disposal systems, requiring that sufficient land
area be provided for each lot to provide adequately for both current
and future sewage disposal needs, including a provision for replacement
area for each lot. As mandated by the Second Class Township Code,
the Clean Streams Law (35 P.S. § 691.1 to 691.1001), Title
25 of the Pennsylvania Code, 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 protection
of the public health by preventing the discharge of untreated or inadequately
treated sewage.
The following words and terms when used in this article shall
have the following meanings:
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.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. 1535, No. 537, as amended, 35 P.S. § 750.1 et
seq.
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.
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.
The Board of Supervisors of Brecknock Township, Lancaster
County, Pennsylvania.
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.
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.
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
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.
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.
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.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage using a system of piping,
treatment tanks and soil renovation through spray irrigation.
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.
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.
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.
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."
Any person, corporation, partnership, etc., holding deed
or title to lands within the Township.
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.
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.")
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.
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.
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
Work done to modify, alter, rehabilitate or enlarge an existing
on-lot system.
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.")
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:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where no piped water under pressure and no piped wastewater is available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
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.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
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).
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.
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.
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.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
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.
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.
Brecknock Township, Lancaster County, Pennsylvania.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
A.
The provisions of this article shall apply to all existing on-lot
sewage disposal systems, as well as all new systems proposed and permitted
by the SEO within the Township.
B.
All individual or community on-lot systems, regardless of the size
of the lot, tract, or parcel on which they are proposed to be constructed,
are subject to issuance of a permit by the SEO pursuant to the requirements
of this article, the Act and regulations.
C.
Building or zoning permits shall not be issued for any building or
improvement to real property to be serviced by an on-lot system, prior
to receiving a permit for the installation of the on-lot system from
the SEO. No occupancy permit shall be issued for the use or occupancy
of any building or improvement to real property to be serviced by
an on-lot system, prior to the SEO approving the installation of the
on-lot system.
D.
All system components including absorption areas shall be located
on the same lot, tract, or parcel as the structure they will serve.
Systems or components cannot be located on a separately deeded parcel,
regardless of the parcel's ownership, or through means of an
easement, right-of-way or other instrument, unless approved by the
SEO and the Township.
E.
All planning modules proposing individual or community sewage systems
which require a DEP permit shall include a provision granting the
Township and its agents the right to enter the premises to inspect
the construction and/or operation of the DEP permitted system, and
if the system is not being constructed or operated according to the
permitted design, issue a stop-work order or revoke the occupancy
permit until construction or operation is brought into compliance
with the permit.
F.
No on-lot system shall be altered, extended, augmented, modified
or repaired without the issuance of a repair permit by the SEO.
G.
No on-lot system shall be used or loaded in a manner which is inconsistent
with the permit that was issued to authorize that system's installation.
H.
Permit applications for on-lot systems which include electronically,
mechanically, hydraulically or pneumatically operated or controlled
devices shall be accompanied by the respective manufacturer's
recommended maintenance schedule and product specifications.
I.
Permit applications for individual residential spray irrigation systems, to which the provisions of § 86-27 apply, shall include a fully executed maintenance contract indicating the person or company responsible to carry out the required maintenance, the maintenance schedule, and a provision that if the contract is terminated the owner shall provide the Township with the new maintenance contract within 30 days.
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.
A.
Individual residential spray irrigation systems.
(1)
All applications for on-lot systems which propose to use an individual
residential spray irrigation system as the treatment method shall
be accompanied by one of the following:
(a)
A maintenance agreement between the landowner and an individual,
firm or corporation experienced in the operation and maintenance of
sewage treatment systems.
(b)
A maintenance agreement between the landowner and an individual,
firm, association, trust or other entity, which is structured to accept
responsibility for the system, and is experienced in the proper operation
and maintenance of the system.
(2)
Applications for individual residential spray irrigation systems
shall be accompanied by a cash escrow to ensure the long-term operation
and maintenance of the system. The landowner shall deposit with the
Township the sum of $2,500 or such amount as has been established
by the Township by resolution, whichever is greater.
(3)
The escrow shall be forfeited by the landowner and the Township shall
apply the funds for the repair, operation or maintenance of the system
when:
(a)
The system is not maintained according to the standards of this
article, applicable DEP regulations, or the manufacturer's specifications;
or
(b)
The treatment tank(s) are not serviced, cleaned, inspected and/or
pumped according to the applicable standards of this article; or
(c)
The testing and monitoring are not conducted according to the
standards of this article, applicable DEP regulations, or the manufacturer's
specifications; or
B.
Advanced technology systems.
(1)
This term shall be defined as including any 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.
(2)
All applications for advanced technology systems shall be accompanied
by one of the following:
(a)
A maintenance agreement between the landowner and an individual,
firm or corporation experienced in the operation and maintenance of
sewage treatment systems.
(b)
A maintenance agreement between the landowner and an individual,
firm, association, trust or other entity, which is structured to accept
responsibility for the system, and is experienced in the proper operation
and maintenance of the system.
(3)
Applications for advanced technology systems shall be accompanied
by a cash escrow to ensure the long term operation and maintenance
of the system. The landowner shall deposit with the Township the sum
of $2,500 or such amount as has been established by the Township by
resolution, whichever is greater. Depending on the intensity of the
application, the Township shall have the discretion to waive this
requirement.
A.
The owner of a property upon which an on-lot system is constructed
shall at all times operate and maintain the on-lot system in such
condition as will permit it to function in the manner in which it
was designed and to prevent the unlawful discharge of sewage.
B.
The owner of a property upon which an on-lot system is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance and pumping, and divert surface
water and downspouts away from the absorption area and system components.
C.
In the event a landowner or authorized inspection entity detects
conditions that indicate or could reasonably be interpreted to indicate
a malfunction, the landowner shall contact the SEO and, if repair
or replacement is necessary, apply for a permit to repair or replace
the malfunctioning system.
D.
Every aerobic or septic treatment tank which discharges effluent to a soil absorption area or to an individual residential spray irrigation system shall be pumped out according to the schedule in § 86-32 of this article. If a component's manufacturer requires a more frequent pumping interval than contained in this article, that interval shall be deemed the minimum interval for pumping.
E.
When an on-lot system's treatment tank is pumped out, all dosing
tanks, lift tanks and other tanks associated with the system shall
also be pumped out.
F.
Retaining tanks and privies shall be pumped out at such intervals as will prevent overflow, leakage, backup, other malfunction, or a public health hazard or nuisance, but no less frequently than one time per year in accordance with the Brecknock Township Holding Tank Ordinance (Chapter 86, Article I).
G.
Upon completion of each required pumping, the pumper/hauler business
shall provide a pumping receipt plus a completed Brecknock Township
on-lot sewage management program visual inspection form to the Township
to demonstrate compliance with the ordinance. A copy of the visual
inspection form has been incorporated by reference in this article
as Appendix A.[1]
[1]
Editor's Note: Said appendix is on file in the Township
offices.
H.
Initial and periodic tank pumping shall be performed to these minimum
standards unless other standards are specified by an equipment manufacturer:
(1)
Tanks shall only be pumped from/through the manhole/access port,
i.e., the largest tank opening.
(2)
Tanks shall not be pumped from/through the observation port.
(3)
Every pump-out shall include a visual inspection of the interior
of the tank. The inspection shall include a determination regarding
the presence of baffles and their condition, as well as the physical
condition of the treatment tank. Presence and condition of observation
port(s) shall also be reported.
(4)
At all times, and in all phases of operations, pumper businesses
and equipment operators shall comply with all laws and regulations
regarding the activities associated with on-lot wastewater system
maintenance and disposal of materials removed therefrom.
(5)
The pumper/hauler business shall provide a pumping receipt to the
landowner.
I.
Any person owning a building served by an aerobic treatment tank
or an on-lot system, which includes any electrically, mechanically,
hydraulically or pneumatically operated or controlled device shall
follow the maintenance recommendations of the equipment's manufacturer.
J.
The SEO may require additional maintenance activities including,
but not limited to, cleaning or unclogging of piping, servicing or
repair of mechanical equipment, leveling of distribution boxes, tanks
and lines, removal of obstructing roots or trees, and diversion of
surface water away from soil absorption areas.
A.
All on-lot systems shall be operated by the user in a manner that
is in full compliance with the terms of this article, the Act and
Regulations, and the system's permit.
B.
Only sewage and normal domestic wastes shall be discharged into any
sewage facilities.
C.
D.
All water used within a residence, including kitchen and laundry
wastes and water softener backwash, and all sewage shall be discharged
into a treatment tank.
E.
The Township may require the on-site pretreatment of effluents prior
to their discharge to any sewage facilities operated or owned by the
Township or any other entity, to assure that the effluent's chemical
or biological constituents are compatible with the renovative methods
employed by the receiving facilities.
F.
No sewage system shall discharge untreated or partially treated sewage
to the surface of the ground, or into the waters of the Commonwealth
of Pennsylvania, unless a permit to discharge has been obtained from
the DEP.
A.
All pumper/hauler businesses shall be registered with Brecknock Township
and no pumper/hauler business shall conduct business or perform services
within Brecknock Township without first being registered with the
Township. A pumper/hauler business registering with the Township shall
be obligated to provide a copy of its current, valid license from
the PADEP, a list of treatment facilities to which waste is transported
for treatment and a certificate of insurance.
B.
The property owner shall be required to register their on-lot sewage disposal system with Brecknock Township during the initial year of pumping as specified in § 86-32 of this article. The property owner shall complete and submit the required registration form to Brecknock Township in accordance with the timeframes established in § 86-32 of this article. A copy of the registration form has been incorporated by reference in this article as Appendix B.[1]
[1]
Editor's Note: Said appendix is on file in the Township
offices.
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.
B.
Every on-lot system in the Township shall comply with this section
of this article by December 31, 2017.
C.
The requirements of this section shall become effective in a sequential
manner:
|
Area
|
Compliance with this Section Shall Be Completed By:
| |
|---|---|---|
|
1
|
12/31/2015
| |
|
2
|
12/31/2016
| |
|
3
|
12/31/2017
|
D.
All persons who own a lot upon which an on-lot sewage disposal system
is installed shall retain a sewage hauler to remove septage from the
tank in compliance with this article. Compliance with the first-year
sewage pumping requirement should occur during the calendar year listed
above for each applicable area (i.e., Area 1 resident pumps system
in 2015). The only exception for this requirement is if the property
owner can provide proof to the Township that their system was pumped
during the previous calendar year (i.e., Area 1 resident had system
pumped in 2014). Any owner that exceeds this one-year grace period
shall have their system pumped during the listed cycle year. No grace
periods will be granted after the initial compliance year.
E.
After the initial pumping, all tanks in all systems shall be pumped
out at a minimum regular interval of once every three years from the
year of either the initial pumping or a subsequent pumping (i.e.,
Area 1 resident is required to pump tanks during calendar years 2015,
2018 and so on; Area 2 during years 2016, 2019 and so on; Area 3 during
years 2017, 2020 and so on). Tanks that have been subjected to more
frequent pumping, by the nature of their size, loading rate or other
system characteristics, should continue to receive that frequency
of pumping. This article is not an instruction to reduce the frequency
of pumping and should not be construed as such. This article establishes
the minimum pump-out requirement for all treatment tanks that do not
exhibit characteristics that indicate more frequent pumping is required.
In the event that on-lot sewage disposal is no longer used to serve
a property, whether on that property or on an easement established
on another lot, the right to enter under this article shall cease.
F.
Landowners may choose to have tanks pumped out more frequently at
their discretion, as necessary to abate a surface discharge or if
recommended by the manufacturer of the type of on-lot system being
utilized. The property owner is required to demonstrate compliance
with the minimum pumping interval requirements established in this
section.
G.
The Township reserves the right to modify this operation and maintenance
program as the Township, in its exercise of its authority under applicable
law, shall determine appropriate. In the event that a report of a
failure or malfunction of an on-lot sewage disposal system is received
by the Township, the Township shall be authorized to investigate the
alleged malfunction and/or conduct an inspection of any on-lot system.
The Township shall not be obligated to investigate anonymous reports
of failure or malfunction.
H.
Prior to entry for any purpose in connection with the enforcement
of the provisions of this article, the Township shall give advance
written notice to the occupant of a property to enable the occupant
to be personally present or be represented by an agent at the time
of such entry. Any adult occupant present on the property at the time
a request to enter is made by an authorized agent may waive their
right of advance notice. Advance notice shall be given at least 24
hours prior to entry, unless waived, and shall be by telephone, first-class
mail or posting of the property. If notice is provided by mail, the
date of the proposed entry shall not be less than three days from
the date of the postmark of the letter.
A.
Upon written notice from the SEO that an imminent health hazard exists
due to failure of a property owner to properly operate, maintain,
repair or replace an on-lot system as provided under the terms of
this article, the Board shall have the authority but not the obligation
to perform, or contract to have performed, any repairs as may be directed
by the SEO to abate the health hazard.
B.
The costs for the actual repair, repair permit and site investigations
in support of the permit shall be borne by the property owner.
C.
The Township may take whatever action necessary to recover these
costs in accordance with law, including entering a lien against the
property.
D.
The Township may seek injunctive relief to prevent continued use
of a malfunctioning on-lot system.
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;
A.
It shall be a violation of this article to commit or permit any other
person to commit any of the following acts:
(1)
To commence construction of a structure which will be served
by an on-lot system without first obtaining a permit for the system
from the SEO;
(2)
To install, construct, alter or repair an on-lot system without
first obtaining the permit for the installation, construction, alteration,
or repair from the SEO, or in any manner which violates the terms
and conditions of any permit;
(3)
To misuse or fail to maintain an on-lot sewer system;
(4)
To misuse or fail to maintain the components of an on-lot system
at the intervals specified in this article or those specified by the
equipment manufacturer;
(5)
To fail to report a malfunctioning on-lot system;
(6)
To fail to remedy a malfunctioning on-lot system;
(7)
For a pumper/hauler business or property owner to fail to file
the necessary reports in a timely manner;
(8)
To occupy or permit the occupancy of any structure served by
an on-lot system for which a valid permit has not been obtained as
required by this article;
(9)
To construct any improvements upon, grade, or take any other
action which will render a replacement location unsuitable for installation
of an on-lot system;
(10)
To fail to comply with any other provision of this article.
B.
Any person who violates or permits the violation of any provision
of this article, or who shall use, maintain or alter an on-lot system
in violation of any permit issued by the Sewage Enforcement Officer,
or who shall fail to remedy or who shall negligently or improperly
remedy any health hazard, or who shall fail to completely implement
a plan to remedy a health hazard which has been reviewed and approved
by the Sewage Enforcement Officer, commits a summary offense subject
to prosecution by the Township, and upon conviction before a District
Justice shall be subject to a fine of not less than $300 nor more
than $1,000, plus costs of prosecution. All fines and penalties may
be collected as provided by law. Each day that a violation continues
and each section of this article which is violated constitutes a separate
violation.
C.
In addition to any other actions to obtain compliance, the Township
may assess civil penalties and pursue remedies as described in the
Pennsylvania Sewage Facilities Act.
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.
A.
The following activities are hereby declared to be nuisances:
(1)
Construction of improvements on the replacement location. Such
construction renders the replacement location useless and therefore
jeopardizes the water quality and other natural resources of the Township.
This harm to the water quality and other natural resources of the
Township is a danger to the health, safety and welfare of the residents
of the Township and is hereby declared to be a nuisance and abatable
as such in accordance with the provisions of the Second Class Township
Code.
(2)
Installation, alteration, or modification of an on-lot system
without having obtained a permit as required by this article and the
regulations of the Department, or if a permit was obtained in a manner
which violates the terms of the permit.
(3)
Failure to maintain an on-lot system as required by this article.
B.
All of these actions result in pollution of the waters of the commonwealth
and other natural resources of the Township and constitute a danger
to the health, safety and welfare of the Township residents. The actual
expenses of the Township in the abatement of such nuisances plus a
penalty in the amount of 10% of such expenses shall be filed as a
municipal lien against the property.
