[Ord. 1984-4, 8/6/1984, § 1]
This Part 4 shall not apply to any private system which discharges
to wastewater facilities of the Borough or which discharges directly
to a natural outlet by authority of a separate NPDES permit in compliance
with applicable state and federal laws.
[Ord. 1984-4, 8/6/1984, § 2]
All houses, buildings, or properties which are required by other authority to have sanitary or industrial wastewater facilities, are subject to the jurisdiction of this chapter and are located where a proper wastewater sewer is not available as specified by the provisions of Part 3, § 18-304, of this chapter, shall be equipped at the owner's expense, with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of this Part 4.
[Ord. 1984-4, 8/6/1984, § 3; as amended by Ord.
1988-1, 8/1/1988]
Before commencement of construction of a private wastewater disposal system required under § 18-402 above, the owner shall first obtain a written construction permit signed by the Manager. The application for such permit shall be made on a form furnished by the Borough, which the applicant shall supplement by any plans, specifications, and other information relevant to wastewater discharges as are deemed necessary by the Manager. A permit and inspection fee as established from time to time by the Borough Council that shall be paid to the Borough at the time the application is filed.
[Ord. 1984-4, 8/6/1984, § 4]
1.
The type, capacities, location, and layout of a private wastewater
disposal system shall comply with all requirements of the Pennsylvania
Department of Environmental Protection and with all applicable state
and federal laws and statutes.
2.
Septic tank or cesspool discharges require the use of subsurface
disposal. This requirement excludes deep well disposal as defined
by state and federal laws.
[Ord. 1984-4, 8/6/1984, § 5]
Before commencement of operation of a private wastewater disposal
system, the owner shall first obtain a written operating permit signed
by the Manager. The operating permit shall not become effective until
the installation is completed to the satisfaction of the Manager.
The Manager shall be allowed to inspect the work at any stage of construction,
and, in any event, the applicant for the operating permit shall notify
the Manager when the work is ready for final inspection, and before
any underground portions are covered. The inspection shall be made
within 24 normal business hours after receipt by notice of the Manager.
[Ord. 1984-4, 8/6/1984, § 6]
At such time as a wastewater sewer becomes available as defined in Part 3, § 18-304, to a property served by a private wastewater disposal system, a direct connection shall be made to the wastewater sewer within 90 days; any septic tanks, cesspools, and similar wastewater disposal facilities shall be emptied and filled with suitable materials.
[Ord. 1984-4, 8/6/1984, § 7]
The owner shall operate and maintain the private wastewater
disposal facilities in a sanitary manner at all times in accordance
with the conditions of the operating permit, and at no expense to
the Borough. Such facilities shall be subject to inspection by the
Manager at reasonable times.
[Ord. 1984-4, 8/6/1984, § 8]
No statement contained in this Part 4 shall be construed to
interfere with any additional requirements that may be imposed by
the Borough Health Officer, or other applicable authority.
[Added by Ord. 2008-03, 2/4/2008]
[Added by Ord. 2008-03, 2/4/2008]
1.
To protect the public health, safety, and natural environment by
providing a maintenance program for on-site sewage disposal systems
("OSDS") in the Borough and measures to correct failing or malfunctioning
systems.
2.
To provide for regular OSDS maintenance service, pump-outs, and repairs.
[Added by Ord. 2008-03, 2/4/2008]
The OSDS Ordinance shall be implemented, administered, and enforced
by the Borough's Building Code Officer and/or the Borough's
Sewage Enforcement Officer.
[Added by Ord. 2008-03, 2/4/2008]
The provisions of the OSDS Ordinance[1] apply to land parcels on which on-site sewage disposal systems service residential, commercial, industrial, institutional, and other facilities or structures. The OSDS Ordinance does not permit or ratify the use of an on-site sewage disposal system that would conflict with the requirements of Chapter 18, § 18-304, that requires all properties located within 100 feet of a wastewater line to connect to the Borough's wastewater system.
[Added by Ord. 2008-03, 2/4/2008]
The following rules of language shall apply to the text of the
OSDS Ordinance: The word "shall" is mandatory. The word "may" is permissive.
When not consistent with the context, words in the present tense shall
include the future and words designating singular numbers shall include
the plural.
[Added by Ord. 2008-03, 2/4/2008]
1.
FAILURE or MALFUNCTION
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
MAINTENANCE
MUNICIPALITY
OSDS
OWNER
PROPERTY
SERVICE PERSONNEL
The following
words and terms used in the OSDS Ordinance,[1] unless otherwise expressively stated, shall have the following
meaning:
The backup of sewage into a structure;
Discharge of effluent onto the ground surface;
The connection of an OSDS to a storm drain;
Liquid level in the septic tank above the outlet invert;
Structural failure of a septic tank;
Discharge of sewage into any stream or other body of water;
The liquid level in a disposal field above the outlet holes
in the pipe of such field;
Unsafe water sample;
Substantial nonconformance with water well construction requirements;
Substantial nonconformance with water well isolation from contamination
source requirements.
Service or pumping of an OSDS and involves the pumping out
of the septic tank and any required service to the drainage field
lines as determined by a certified service personnel.
The Borough of Watsontown.
An on-site sewage disposal system and is such a system installed
on property not serviced by the municipal sewage treatment system.
Such term shall describe, without limitation, conventional and chamber
septic tank systems, privies, and nonmechanical experimental and alternative
on-site sewage disposal systems which are designed to have a subsurface
discharge of effluent approved by the Commonwealth of Pennsylvania.
Any person who has legal title to any property.
Any tract of land, or portion thereof, or combination of
tracts of land under single or common ownership, operation or control,
that contains any type of structure that is, was, or will be inhabited
either permanently or transiently and contains a septic tank, drains,
drain field, underground tank or pipes or similar appurtenances containing
sewage or other contaminants or combination thereof.
Shall be licensed septic contractors certified by the Commonwealth
of Pennsylvania; shall be proven capable to perform the routine maintenance
measures herein, and shall be experts on the inner and outer design,
operation, and performance standards of on-site sewage disposal systems.
[Added by Ord. 2008-03, 2/4/2008]
1.
The tank and field lines of all septic systems or other approved
OSDS within the Borough shall be regularly serviced as required herein:
A.
Required maintenance or servicing of OSDS within the Borough must
include pumping of the septic system's tank(s) and any additional
service to the drainage field lines by OSDS maintenance service personnel
certified by the Commonwealth of Pennsylvania. The maximum service
interval for required OSDS service shall not exceed five years from
the date of the last certified inspection and service.
B.
Maintenance service, pump-out, and repairs shall be at the expense
of the property owner.
C.
Ninety days before the expiration of the five-year service period,
a "Notice for Service Due" letter will be mailed by the Borough to
the property owner. A "Proof of Maintenance and Inspection" form will
be included with the letter. This form shall be completed, signed,
and dated by the service personnel and property owner. The property
owner shall provide the form to the Borough upon completion of service.
(See below.) The failure of the Borough to mail the "Notice for Service
Due" letter shall not relieve the property owner of his/her obligations
under the OSDS Ordinance.[1]
D.
Property owners who have had maintenance performed on their systems
before their regularly scheduled interval and without a "Notice for
Service Due" letter from the Borough, or who did not receive such
notice and who would like to credit the procedure to the Borough record
by reporting this unscheduled service to the Borough, can obtain a
substitute form from the Borough. Any certified completed service
will establish the beginning of the five-year service interval.
E.
Upon completion of the maintenance and any necessary repair to the
septic system, the service personnel shall certify that the work was
completed in accordance with accepted professional standards and practices
and that the system is functioning properly. The service personnel
and property owner must complete, sign and date the "Proof of Maintenance
and Inspection" form accompanying the "Notice for Service Due" letter
or a substitute form acceptable to the Borough.
F.
Either the "Proof of Maintenance and Inspection" form or the substitute
form must be submitted by the property owner as an original document
to the Borough for approval no later than 10 days following required
service. An assessment of the on-site sewage disposal system by the
designated service personnel shall be required each time that a system
is serviced. The "Proof of Maintenance and Inspection" form shall
indicate the condition of the septic tank, disposal site (drainage
field lines), and the quantity pumped. No copy or facsimile transmission
will be accepted.
G.
The Borough shall issue the property owner an operating permit for
use after completion of the previous requirements. Operating permits
are issued on five year intervals; however, they shall expire at any
sale or transfer of property or at system malfunction or failure,
for which the operating permits will be reinstated upon proof of maintenance
service within six months prior to sale or proof that malfunctioning
systems have been repaired.
[Added by Ord. 2008-03, 2/4/2008]
1.
The Borough shall develop a database of existing systems and incorporate
future systems and maintain the database at the Borough. The database
shall include the parcel number, address, name of property owner,
description of system (operating, failing, etc.), and the date of
service. The Borough shall develop and utilize the "Proof of Maintenance
and Inspection" form in order to maintain the said database.
2.
The intent shall be to incorporate all properties with on-site septic
disposal systems into the Borough database; however, parcel number
and address may not be available for all OSDS in the Borough at the
time of approval of the OSDS Ordinance. For existing OSDS not accounted
for in the Borough database at the time of approval of the OSDS Ordinance,
property owner shall notify the Borough, within 90 days of the passage
of the OSDS Ordinance, of the existence of the OSDS and have the OSDS
serviced in accordance with the requirements of the OSDS Ordinance.
3.
Upon approval of the OSDS Ordinance, property owners have 90 days
to have their OSDS serviced in accordance with the requirements of
the OSDS Ordinance.
4.
Property owners shall be exempt from the initial service requirements
if they are able to submit verification to the Borough that their
system was serviced within the 24 months prior to enactment of the
OSDS Ordinance.
[Added by Ord. 2008-03, 2/4/2008]
The property owner shall submit proof of OSDS maintenance to
the Borough upon completion of said maintenance. The "Proof of Maintenance
and Inspection" form shall be provided by the Borough along with the
"Notice for Service Due" letter 90 days prior to the service period,
and it shall be completed, signed and dated by the property owner
and the certified service personnel. The completed "Proof of Maintenance
and Inspection" form shall be submitted by the property owner within
10 days following service to Watsontown Borough. These reports shall
be freely available to the public upon demand.
[Added by Ord. 2008-03, 2/4/2008]
The property owner shall be responsible for hiring certified
service personnel to perform septic tank pump-outs and any additional
service to the drain field lines. Owners are also responsible for
submitting the "Proof of Maintenance and Inspection" form to the Borough
certifying that service was completed and that the system is functioning
properly. Owners are also responsible for notifying the Borough of
any transfer of property and submitting a "Proof of Maintenance and
Inspection" form obtained from the Borough. Owners shall also notify
the Borough in the event of a possible failing system in order to
request an evaluation.
[Added by Ord. 2008-03, 2/4/2008]
Service personnel are responsible for conducting septic tank
pump-outs and any additional service to the drain field lines. Service
personnel are also responsible for completing and signing the "Proof
of Maintenance and Inspection" form and providing the completed form
to the property owner.
[Added by Ord. 2008-03, 2/4/2008]
The Borough shall enforce the provisions of the OSDS Ordinance[1] and maintain the OSDS permit database, all blank forms,
completed forms, violations, and any other material related to on-site
sewage disposal system information with the Borough records. Furthermore,
the Borough shall notify property owners as to an event of land use
and/or zoning changes and the availability of municipal sewage treatment
system connection. Borough entities appropriate for carrying out these
tasks are at the discretion of the Borough.
[Added by Ord. 2008-03, 2/4/2008]
1.
An OSDS shall be deemed to be a malfunctioning system if sewage is
allowed to discharge or flow from it on said property into any storm
drain, stream, water body, gutter, street, roadway, or subsurface
of any property as to create a nuisance or a condition detrimental
to public and environmental health. Substantial backflow from the
leaching area (drainage field lines) into the tank during a tank pump-out
shall also be considered an indication of a malfunctioning system
as determined by registered and certified service personnel.
2.
In addition, any and all parts of an OSDS that are found to be damaged,
misaligned, or missing (such as, but not limited to, a cracked lid,
missing "T" or misaligned outflow line) shall constitute a malfunctioning
system.
3.
The property owner shall notify the Borough upon signs of failure
or malfunction of an OSDS and the Borough shall examine the system
to determine the malfunction; however, if the owner fails to provide
notification of a failing or malfunctioning system, and the Borough
is notified of such an event, the Borough shall have the right to
investigate the property to determine if a system is failing or malfunctioning.
The Borough shall provide the property owner written notification
which shall communicate the specifics of the OSDS malfunction. All
property owners with an OSDS shall be responsible for correcting the
malfunctioning of such systems within 30 days from receipt of the
Borough's notification, and shall provide the Borough proof that
the malfunctioning system has been corrected.
[Added by Ord. 2008-03, 2/4/2008]
In the event that a failing or malfunctioning system has been
identified, the property owner shall hire certified service personnel
to determine the best solution for the property owner. The Borough
may reject the recommendation of the certified service personnel if
the recommendation is deemed inadequate to solve the problem. If the
best solution recommendation is approved, the property owner shall
completely implement the recommendation within 30 days. If feasible,
the failed systems shall be pumped, disconnected from the structure
and sealed, and the property shall be connected to the Borough or
municipal sewage treatment system; otherwise, the failing system shall
be brought into compliance with the OSDS performance standards of
the Commonwealth of Pennsylvania.
[Added by Ord. 2008-03, 2/4/2008]
Failure to adhere to the provisions set forth in the OSDS Ordinance
shall constitute a violation of the OSDS Ordinance.[1] Violations of the OSDS Ordinance shall be punishable by
a fine not less than $150 or more than $1,000 per violation. Each
day a violation exists shall be considered a separate violation. In
addition, the Borough may seek to recover any and all costs related
to correcting, removing or abating the violation.
