[Adopted 2-2-2009 by Ord.
No. 85]
Nottingham Township affirms the delegation to the Washington
County Sewage Council to administer the requirements of Act 537 and
Nottingham Township's ordinances governing all aspects of on-lot sewage
collection, treatment and discharge.
As used in this article, the following terms shall have the
meanings indicated:
The Act of January 24, 1966, P.L. 1535, as amended, 53 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
Any on-lot sewage system so designated as an alternate type
by the Pennsylvania Department of Environmental Protection.
A certified Sewage Enforcement Officer, professional engineer,
plumbing inspector, municipal secretary, or any other qualified or
licensed person who is delegated by Nottingham Township to function
within the specified limits as the agent of Nottingham Township to
carry out the provisions of this article as adopted by Nottingham
Township.
The Board of Supervisors of Nottingham Township, Washington
County, Pennsylvania.
An individual employed by Nottingham Township to administer
and enforce ordinances in Nottingham Township.
Any system, whether publicly or privately owned, for collection
of sewage from two or more lots, and the treatment and/or disposal
of the sewage on one or more lots or at any other site.
The Pennsylvania Department of Environmental Protection.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of the Commonwealth of Pennsylvania.
The condition which occurs when an on-lot sewage disposal
system discharges into ground waters of the Commonwealth, into surface
waters of the Commonwealth, backs up into the building connected to
the system, or otherwise causes a nuisance hazard to the public health
or pollution of groundwater or surface water or contamination of public
or private drinking wells. Systems shall be considered malfunctioning
if any of the conditions noted above occur for any length of time
during any period of the year.
Anytime a municipality's certified Sewage Enforcement Officer
determines a parcel or lot as having marginal soils after properly
testing said parcel or lot.
Nottingham Township, Washington County, Pennsylvania.
A Comprehensive Plan for the provision of adequate sewage
disposal systems, adopted by Nottingham Township and approved by the
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems including, but not limited to, drip irrigation
systems, AB out systems, small stream discharge systems, community
on-lot systems and any other currently DEP-approved sewage disposal
systems and sewage disposal systems which may be approved by DEP in
the future, it being the intent of this article to address all such
systems.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term shall include the members of an association,
partnership or firm, and the officers of any local agency or municipal,
public or private corporation for profit or not for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
installation of a subsurface sewer disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewer disposal system.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or 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.[1]
The designated official of Nottingham Township 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 thereunder which includes the WCSC/Council.
Any area or areas of Nottingham Township for which a sewage
management program is recommended by Nottingham Township's adopted
Act 537 Official Sewage Facilities Plan. A sewage management district
may, or may not, encompass the entire municipality.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by Nottingham Township to effectively enforce
and administer this article.
The Washington County Sewage Council is an intergovernmental
cooperative organization which provides certain services to member
municipalities.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
From the effective date of this article, its provisions shall
apply to the portions of Nottingham Township identified in Peters
Creek Sanitary Authority's Act 537 Official Sewage Facilities Plan
as a sewage management district. Within such areas the provisions
of this article shall apply to all persons owning any property serviced
by a new on-lot sewage disposal system and to all persons installing
or rehabilitating or repairing on-lot sewage systems with new alternate-type
systems. If necessary, an entire municipality may be identified as
a sewage management district.
A.
Any supplements or revisions to Nottingham Township's Official Sewage
Facilities Plan which are prepared pursuant to the applicable regulations
of the Pennsylvania Department of Environmental Protection for a subdivision
or development of land within an identified sewage management district
shall provide for the testing, identification, and reservation of
an area of each lot or developed property suitable for the installation
of replacement on-lot sewage disposal system. This requirement is
in addition to the testing, identification and reservation of an area
for the primary sewage disposal system.
B.
No permit shall be issued for any proposed on-lot sewage system on
any newly created or subdivided property in any sewage management
district that has any lots designated as marginal soils unless and
until a replacement area is approved, identified and reserved for
the lots with the marginal soils designation. The replacement area
must be identified on the land survey at the time of subdivision approval.
This section applies only when Nottingham Township revises its
Official Sewage Facilities Plan and is only applicable to the area
or areas affected by such revision.
A.
Any on-lot sewage disposal system may be inspected by Nottingham
Township's authorized agent at any reasonable time after the effective
date of this article.
B.
The inspection may include a physical tour of the property, the taking
of any samples from surface water, wells, other groundwater sources,
the sampling of the contents of the sewage disposal system itself
and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and ultimate
destination of wastewater generated in the structure.
C.
Nottingham Township's authorized agent shall have the right to enter
upon land for the purposes of inspection described above.
D.
An initial inspection shall be conducted by Nottingham Township's
authorized agent within one year of the effective date of this article
for the purpose of determining the type and functional status of each
on-lot sewage disposal system in the sewage management district. A
written report shall be furnished to the owner of each property inspected
as evidence of said inspection and a copy of said report shall be
maintained Nottingham Township records.
E.
A schedule of routine inspections may be established by Nottingham
Township, if necessary, to assure the proper function of the on-lot
sewage disposal systems in the sewage management district.
F.
Nottingham Township and its authorized agents shall inspect systems
known to be or alleged to be malfunctioning. Should said inspections
reveal that the system is indeed malfunctioning, Nottingham Township
and its authorized agent shall take action to require the correction
of the malfunction. If total correction is not technically or financially
feasible in the opinion of the authorized agent and a representative
of the Pennsylvania Department of Environmental Protection, then action
by the property owner to mitigate the malfunction shall be required.
G.
There may arise geographic areas within Nottingham Township where
numerous on-lot sewage disposal systems are malfunctioning. A resolution
of these area-wide problems may necessitate detailed planning and
a Nottingham Township sponsored revision to the area's Act 537 Official
Sewage Facilities Plan. When a Pennsylvania Department of Environmental
Protection authorized Official Sewage Facilities Plan revision has
been undertaken by Nottingham Township, mandatory repair or replacement
of individual sewage disposal systems within the study area may be
delayed, at the discretion of Nottingham Township, pending the outcome
of the plan revision process. However, Nottingham Township may compel
immediate corrective action whenever a malfunction, as determined
by Nottingham Township Officials and the Pennsylvania Department of
Environmental Protection, represents a serious public health or environmental
threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged into
the system:
A.
Industrial wastes;
B.
Automobile oil and other nondomestic oil;
C.
Toxic or hazardous substances or chemicals, including, but not limited
to pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents; or
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and French drains.
A.
The provisions of this article are not applicable to conventional
leech field and sand mound sewage systems.
B.
The provisions of this article are applicable to all new alternate
systems currently listed in the DEP Alternate Systems Guidance Manual
as well as other alternate on-lot systems subsequently approved by
the Pennsylvania Department of Environmental Protection.
C.
The provisions of this article are applicable to community on-lot
sewage disposal systems, small stream discharge systems and holding
tanks.
D.
The provisions of this article are applicable to on-lot sewage disposal
systems located in subdivisions with marginal condition for long term
use of on-lot sewage disposal.
E.
Nottingham Township specifically delegates to the WCSC the enforcement
of the provisions of this article, any other Nottingham Township and
DEP requirements, rules, regulations and provisions regarding municipal
governance and enforcement of on-lot sewage systems except as to malfunction
of any such systems which shall be addressed by Nottingham Township.
F.
Nottingham Township and WCSC shall jointly prepare and approve by
resolution, rules, regulations and requirements for on-lot septic
systems applicable to this article including permitting approval and
maintenance of said systems.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge 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 costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The penalty for actual malfunctions of any on-lot sewage septic system
will come under the rules and regulations of the Pennsylvania Code,
Title 25, Section 73.11(c) and the Pennsylvania Consolidated Statutes
(Health and Safety) Title 35, § 750.14, Nuisances, and Title
35, § 750.13, Penalties.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of Nottingham
Township that this article would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
