[Ord. 2008-12, 11/13/2008, § 1]
1.
This Part maybe cited as the "OLDS (On-Lot Disposal System) Management
Program" for the Township of Swatara.
2.
As mandated by the municipal codes, the Clean Streams Law (35 P.S.
§§ 691.1 to 691.1001), 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 facilities
and for the protection of the public health by preventing the discharge
of untreated or inadequately treated sewage. The Official Sewage Facilities
Plan for Swatara Township indicates that it is necessary to formulate
and implement a sewage management program to effectively prevent and
abate water pollution and hazards to the public health caused by improper
treatment and disposal of sewage.
3.
The purpose of this Part is to provide for the inspection, maintenance
and rehabilitation of on-lot sewage disposal systems; to further permit
the Township to intervene in situations which are public nuisances
or hazards to the public health and to establish penalties and appeal
procedures necessary for the proper administration of a sewage management
program.
[Ord. 2008-12, 11/13/2008, § 2]
1.
General Terms. In this interpretation of this Part, the singular
shall include the plural, and the masculine shall include the feminine
and the neuter.
2.
ACT
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEP
DEVELOPER
EQUIVALENT DWELLING UNIT (EDU)
IMPROVED PROPERTY
INDIVIDUAL SEWAGE SYSTEM
LAND DEVELOPMENT
LOT
MALFUNCTION
OFFICIAL PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PUMPER/HAULER
PUMPERS REPORT/RECEIPT
REHABILITATION
REPLACEMENT AREA
RETAINING TANK
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (hereinafter called "SEO")
SEWAGE FACILITIES
SEWAGE MANAGEMENT PROGRAM
SEWAGE MANAGEMENT PROGRAM COORDINATOR
SEWAGE MANAGEMENT REPORT
SINGLE AND SEPARATE OWNERSHIP
SUBDIVISION
TOWNSHIP
Specific Terms. For the purpose of this Part, the terms shall be
constructed to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A licensed sewage enforcement officer, professional engineer
or sanitarian, plumbing inspector, soil scientist, zoning officer,
building code official, sewage management program coordinator, or
any other qualified or licensed person who is delegated to function
within the specified limits as the agent of the Board of Supervisors
of Swatara Township to carry out the provisions of this or any other
ordinance of the Township.
The Board of Supervisors of the Township of Swatara, Lebanon
County, Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage publicly, from two or more lots or uses, or two
or more equivalent dwelling units, and the treatment and/or disposal
of the sewage on one or more of the lots or at any other site and
which shall comply with all applicable regulations of the DEP.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
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 fall 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.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any 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 any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposal.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805 No 247, as amended,
53 P.S. § 10101 et seq.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition that occurs when an on-lot sewage disposal
system causes pollution to the ground or surface waters, contamination
of private or public drinking water supplies, nuisance problems or
hazard to public health. Indications of malfunctioning systems include,
but are not limited to, foul odors, lush grass growing over the system,
backup of wastewater in the attached buildings, soggy ground over
the system, surfacing sewage effluent flowing over the ground and
occurring at any time of the year.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by DEP in accordance
with the Act and with applicable DEP regulations.
Any sewage system disposing of sewage in whole or in part
into the soil or any waters of the Commonwealth of Pennsylvania or
by means of conveyance to another site for the final disposal, and
which is located upon the lot which it serves.
Any person, corporation, partnership, etc., holding deed/title
to lands within Swatara Township.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, trust, estate, or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of action to comply with the terms of this
Part, the term "person" shall include the members of an association,
partnership or firm and the officers of any public or private corporation,
whether for profit or not-for-profit.
A revision to, or exception to the revision of, the Township
official plan submitted in connection with the request for approval
of a subdivision or land development in accordance with DEP regulations.
Any person, company, partnership or corporation that engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems. All pumper/haulers shall be
registered with Swatara Township prior to conducting sewage management
activities within the Township.
[Amended by Ord. 2016-04, 4-14-2016]
See "sewage management report."
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
An area designated as the future location of an individual
on-lot sewage system that shall be installed should the initial individual
on-lot system installed or to be installed fail or otherwise become
inoperable and which shall meet all the regulations of the DEP and
all applicable Township ordinances for an individual on-lot sewage
system.
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 a chemical toilet, holding
tank, privy, incinerating toilet, composting toilet or recycling toilet.
The residual scum and sludge pumped from septic systems.
Any substance that contains any of the waste products or
excrements or other discharge from the bodies of human beings or any
noxious or deleterious substance being harmful or inimical to the
public health, or to animal or aquatic life or to the use of water
for domestic water supply or for recreation.
A person appointed by the Board to administer the provisions
of this Part and authorized by the DEP in accordance with Chapter
71, "Administration of Sewage Facilities Program," of Title 25, Pa.
Code, "Rules and Regulations" to verify in a manner approved by the
Department percolation tests, site and soil evaluation, and issue
sewage permits for on-lot disposal systems.
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 and sanitary treatment of sewage.
A program authorized by the official action of a municipality
for the administration, management and regulation of the disposal
of sewage.
A person delegated by the Township with the administrative
responsibility to implement the sewage management program and authority
to enforce the ordinance provisions associated therewith.
Form which shall be used by all registered pumper/haulers
to report each pumping of on-lot sewage disposal systems in the Township.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that on any abutting or adjoining lot.
A subdivision as defined by the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. § 10101 et seq., and as defined by the Pennsylvania
Code, Title 25, "Environmental Protection," Chapter 71, "Administration
of Sewage Facilities."
Swatara Township, Lebanon County, Pennsylvania.
3.
All other definitions of words and terms used in this Part shall
have the same meaning as set forth in Chapters 71, 72 and 73, "Administration"
and "Standards for Sewage Disposal Facilities" within the Pennsylvania
Code, Title 25, Environmental Protection.
[Ord. 2008-12, 11/13/2008, § 3; as amended by Ord. 2016-04, 4-14-2016]
From the effective date of this Part, its provisions shall apply
to all persons owning any real estate in the Township serviced by
an on-lot sewage disposal system; to all persons installing or rehabilitating
on-lot sewage disposal systems within the Township; to all pumper/haulers
who are registered with Swatara Township; and including all other
authorized agents.
[Ord. 2008-12, 11/13/2008, § 4]
1.
No person shall install, construct or request bid proposals for construction
or alter an individual sewage system or community sewage system or
construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system
or community sewage system is to be installed without first obtaining
a permit indicating that the site and the plans and specifications
of such system are in compliance with the provisions of the Pennsylvania
Sewage Facilities Act (hereinafter called "Act 537" or "Act") and
the standards adopted pursuant to that Act.
2.
No building or occupancy permit shall be issued by the Township or
its authorized agent for a new building which will contain sewage
generating facilities until a valid sewage permit has been obtained
from the SEO.
3.
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure, if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure, until the Township's
authorized agent and the structure's owner receive from the SEO
either a permit for alteration or a replacement of the existing sewage
disposal system or written notification that such a permit will not
be required. In accordance with Chapter 73 regulations, the SEO shall
determine whether the proposed alteration or conversion of the structure
will result in increased sewage flows.
[Ord. 2008-12, 11/13/2008, § 5]
Any person who shall install new or rehabilitated systems shall
provide a marker or markers at ground level locating the subsurface
waste disposal tank, tank access, and other important components of
the system requiring periodic inspection and maintenance. Requirements
for marker types and locations will be determined by the SEO. In addition,
a riser or manhole extension shall be constructed to finished grade
or to not more than 12 inches below grade when the location is identified
by ground marker. If access is extended to grade, the access cover
shall be airtight and shall be secured by bolts or locking mechanisms,
or have sufficient weight to prevent unauthorized access as per DEP
requirements.
[Ord. 2008-12, 11/13/2008, § 6]
1.
Any on-lot sewage disposal, individual sewage system or community
sewage system may be inspected by the SEO or authorized agent at any
reasonable time as of the effective date of this Part.
2.
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, other ground water 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 or into the treatment tank served to ascertain
the path and ultimate destination of wastewater generated in the structure.
3.
The SEO or authorized agent shall have the right to enter upon land
for the purposes of inspections described above. In the event that
access to inspect the property is denied, the following steps shall
be taken:
A.
The matter will be officially referred to the Board for action.
B.
The Board may schedule a review at the next scheduled meeting of
the Board or, if the situation threatens the health and safety of
the residents of the Township, the Board may commence an immediate
procedure to obtain a search warrant from the Magisterial District
Judge.
C.
Upon receipt of a search warrant to inspect the property, the SEO
or authorized agent of the Township shall be accompanied by an officer
of the Township or State Police, and the inspection shall be completed
in accordance with this Subsection.
D.
The provisions of this Subsection for obtaining a search warrant
may be waived only when the Board and its SEO or authorized agent
have reason to believe that the sewage facilities are malfunctioning
or being operated improperly such that the situation poses an immediate
and substantial safety, water pollution, or health hazard.
4.
An inspection shall be conducted by the pumper/hauler at the time of pumping for the purpose of determining the type and functional status of the sewage disposal system. The pumper/hauler shall fully complete a sewage management report and furnish the report to the owner of the property inspected and provide a copy of the report to the Sewage Management Program Coordinator as required in § 18-308, Subsection 6.
5.
A schedule of routine inspections may be established by the Township,
if necessary, to assure the proper function of the systems in the
Township.
6.
The SEO or authorized agent shall inspect systems known to be, or
alleged to be, malfunctioning. Should said inspections reveal that
the system is malfunctioning; the SEO or 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 SEO
or authorized agent, action by the owner to mitigate the malfunction
shall be required.
7.
Within seven days of notification by the SEO that a malfunction has
been identified, the owner shall make application to the SEO for a
permit to repair or replace the malfunctioning system. Within 30 days
of initial notification by the SEO, construction of the permitted
repair or replacement shall commence. Within 60 days of the original
notification by the SEO, the construction shall be completed. Where
seasonal or unique conditions may affect construction, the SEO may
grant an extension of the deadline for commencement or completion
of construction.
8.
The SEO shall have the authority to require the repair of any malfunction
by the following methods: cleaning, repair or replacement of components
of the existing system; adding capacity or otherwise altering or replacing
the system's treatment tank; expanding the existing disposal
area, replacing the existing disposal area replacing a gravity distribution
system with a pressurized system, replacing the system with a retaining
tank; or other alternatives as appropriate for the specific site.
9.
In lieu of or in combination with the remedies described in Subsection 8, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be requited to be retrofitted with water-saving devices or they maybe required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
10.
In the event that the rehabilitation measures in Subsections 1 through 9 are not feasible or do not prove effective, the SEO may require the owner to apply for a permit to construct a retaining tank in accordance with Township ordinance. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
11.
Should none of the remedies described above provide totally effective
in eliminating the malfunction of an existing on-lot sewage disposal
system, the owner is not absolved of responsibility for that malfunction.
The SEO may require whatever action is necessary to lessen or mitigate
the malfunction to the extent that it feels necessary.
12.
There may arise geographic areas within the Township where numerous
on-lot sewage disposal systems are malfunctioning. A resolution of
these area-wide problems may necessitate detailed planning and a Township
sponsored revision to that area's Act 537 Official Sewage Facilities
Plan. When a DEP authorized Official Sewage Facilities Plan Revision
has been undertaken by the Township, mandatory repair or replacement
of individual malfunctioning sewage disposal systems within the study
area may be delayed, at the discretion of the Township, pending the
outcome of the plan revision process. However, the Township may compel
immediate corrective action whenever a malfunction, as determined
by Township officials and the DEP, represents a serious public health
or environmental threat.
[Ord. 2008-12, 11/13/2008, § 7]
1.
No person shall operate and maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. 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. 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 waste.
B.
Automobile oil and other non-domestic oil.
C.
Toxic or hazardous substances or chemicals including, but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.
Clean surface or ground water including water from roof or cellar
drains, springs, basement sump pumps and French drains.
[Ord. 2008-12, 11/13/2008, § 8]
1.
All pumper/haulers who empty tanks or service on-lot sewage disposal systems within Swatara Township shall be registered with the Township. All pumper/haulers shall complete such forms, provide such information, and pay such registration fee as may be set forth by resolution in accordance with § 18-313, Subsection 5, of this Part. Swatara Township shall reserve the right to revoke such registration in the event any pumper/hauler is determined by Swatara Township to be in violation of any provision of this Part or any other state or federal law.
[Amended by Ord. 2016-04, 4-14-2016]
2.
Any person owning a building served by an on-lot sewage disposal system shall have the septic tank pumped and the system inspected by a registered pumper/hauler within 90 days of receiving official notice from the Sewage Management Program Coordinator. Thereafter, that person shall have the tank pumped at least every three years, upon notice to do so, or whenever an inspection reveals that the septic tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank. Reports from the pumper/hauler shall be submitted to the Sewage Management Program Coordinator as required in Subsection 6.
3.
If any person provides a receipt or other written evidence showing
that their tank had been pumped within one year prior to the effective
date of this Part, the Sewage Management Program Coordinator may delay
that person's initial required pumping to conform to the general
three-year frequency requirement.
4.
The Sewage Management Program Coordinator may allow septic tanks
to be pumped out at less frequent intervals when the owner can demonstrate
to the Sewage Management Program Coordinator that the system can operate
properly without the need for pump out. Such a request may be made
at any time and must be in writing with all supporting documents attached.
The Sewage Management Program Coordinator, in making its determination,
shall take into account the information submitted by the applicant,
the sewage permit issued by the Township SEO upon installation or
rehabilitation of the system and supporting documentation, reports
of inspection and maintenance of the system, and other relevant information,
and may conduct an on-site inspection. The applicant shall bear the
cost of any inspection, surface or subsurface, and soil or wastes
sampling conducted for the purposes of evaluating the request. Application
for said relief, together with the required reports, shall be submitted
to the Sewage Management Program Coordinator. Upon receipt of the
reports and recommendation the Sewage Management Program Coordinator
shall issue a decision within 60 days.
5.
The required pumping frequency may be increased at the discretion
of the Sewage Management Program Coordinator if the septic tank is
undersized, if solids buildup in the tank is greater than 1/3 of the
liquid depth of the tank, if the hydraulic load on the system increases,
if a garbage grinder is used in the building, if the system malfunctions
or for other good cause shown.
6.
Upon completion of each required pumping, the pumper/hauler shall
completely fill out and submit a signed copy of the Sewage Management
Report form. The Sewage Management Program Coordinator shall provide
copies of the forms to all registered pumper/haulers. The pumper/hauler
shall provide one copy of the completed Sewage Management Report to
the owner of the system and one copy to the Sewage Management Program
Coordinator. Copies must be received by the Sewage Management Program
Coordinator within 30 days of the date of pumping along with the required
administrative fee.
7.
Any person owning a building served by an on-lot sewage disposal
system which utilizes an aerobic treatment tank shall follow the operation
and maintenance recommendations of the equipment manufacturer. A copy
of the manufacturer's recommendations and a copy of the service
agreement shall be submitted to the Sewage Management Program Coordinator
within six months of the effective date of this Part. Thereafter,
service receipts shall be submitted to the Sewage Management Program
Coordinator at the intervals specified by the manufacturer's
recommendations. In no case may the service or pumping intervals exceed
those required for septic tanks.
8.
Any person owning a building served by a cesspool shall have that system pumped according to the schedule prescribed for septic tanks in Subsection 2.
9.
The Township's authorized agent or SEO may require additional
maintenance activity as needed including, but not necessarily limited
to, cleaning and unclogging of piping; servicing and the repair of
mechanical equipment; leveling of distribution boxes, tanks and lines;
removal of obstructing roots or trees; the diversion of surface water
away from the disposal area, etc. Repair permits issued by the SEO
may be required for these activities, as applicable.
[Ord. 2008-12, 11/13/2008, § 9; as amended by Ord. 2016-04, 4-14-2016]
1.
Any on-lot sewage disposal system, community sewage system, individual
sewage system or component thereof found to be malfunctioning shall
be repaired, modified or replaced pursuant to direction of the Township
or its authorized agent and to correct the conditions causing the
malfunction. Rehabilitation shall be performed in accordance with
Chapter 73, "Standards for Sewage Disposal Facilities," of Title 25,
[Pa. Code], Rules and Regulations, Department of Environmental Protection.
The SEO shall inspect the rehabilitated system and certify its compliance
with local and state standards.
2.
Any person desiring to perform soil fracturing or use of the terra lift procedure on any portion of an on-lot sewage disposal system or community sewage system shall provide written notification to the SEO at least 48 hours prior to commencement of such work. The Sewage Enforcement Officer shall review the information submitted to determine whether the proposed work is maintenance and exempt from permit requirements or is a repair, alteration, or modification which requires a permit pursuant to § 18-304 of this Part. The SEO shall notify the applicant within such forty-eight-hour period if the applicant must obtain a permit.
[Ord. 2008-12, 11/13/2008, § 10]
1.
After the effective date of this Part, a primary and replacement
area for an individual on-lot sewage system shall be required for
all new lots less than 10 acres in size without an existing on-lot
sewage system which are not serviced or to be serviced by a community
sewage system, or for which a valid permit for installation of an
individual on-lot sewage system has not been issued.
[Amended by Ord. 2016-04, 4-14-2016]
A.
For residue parcels less than 10 acres in size with an existing on-lot
system requiring DEP planning submittals, the applicant shall be required
to have a tested suitable replacement area on the lot. The SEO may
waive the requirements for testing of a replacement area after taking
into consideration such items as topography, soils, anticipated bedrock
or groundwater levels, floodplains, isolation distances, or other
such factors as the SEO may consider relevant.
B.
For residue parcels greater than 10 acres in size with an existing
on-lot system, the applicant shall demonstrate to the satisfaction
of the SEO that a suitable area exists on the lot for the replacement
area. The SEO may waive the requirements for testing of a replacement
area after taking into consideration such items as topography, soils,
anticipated bedrock or groundwater levels, floodplains, isolation
distances, or other such factors as the SEO may consider relevant.
C.
For residue parcels greater than 10 acres in size that are to remain undeveloped, the applicant may request a waiver of the requirement for on-lot sewage system testing, provided the "Residual Tract Waiver Note" indicated in the Appendix A of Chapter 22 of the Swatara Township Codified Ordinances has been included on the subdivision or land development plan.
2.
The replacement area provided shall comply with Act 537 and with
all regulations issued by the DEP as incorporated into this Part concerning
individual on-lot sewage systems, including isolation distances, and
with the terms of this Part and any other applicable Township ordinances.
3.
Each applicant who shall submit a plan for the subdivision or development
of land or who shall apply for a permit for the installation of an
individual on-lot sewage system, or who shall request approval of
a planning module for land development or the adoption or a revision,
exception to revision, or supplement to the official plan shall demonstrate
to the satisfaction of the SEO that a suitable area exists on the
lot or on each lot to be created for an initial individual on-lot
sewage system and for the replacement area. The SEO shall perform
or observe all tests required for the location of an individual on-lot
sewage system to confirm the suitability of the replacement area.
Allowance of open land for the replacement area without testing performed
or observed by the SEO shall not constitute compliance with the requirements
of this section.
4.
The location of the initial individual on-lot sewage system and the
replacement area as confirmed by the SEO shall be identified on the
plot plans and diagrams submitted as part of the permit application.
5.
If the application has been submitted as a part of an application
for subdivision or land development approval or as part of a request
that the Township approve a planning module for land development or
amend its official plan, or a request for an exception to the revision
of the official plan, the location of each initial individual on-
lot sewage system and each replacement area shall be noted upon the
plans. If the application is for subdivision or land development approval,
a note constituting a permanent easement shall be added to the plans
stating that no improvements shall be constructed upon the replacement
area, and the deed to be recorded for each lot created as part of
the subdivision or land development shall contain language reflecting
this limitation.
[Amended by Ord. 2016-04, 4-14-2016]
6.
Any revision to a permit or plan affecting a replacement area which
has previously has been approved pursuant to the provisions of this
Part shall be reviewed for approval by the Board or its authorized
representative.
7.
The easement for the replacement area noted upon the plan and recorded
with the Lebanon County Recorder of Deeds shall state that no permanent
or temporary improvement of any character, other than shallow-rooted
plant matter, shall be constructed upon the replacement area.
8.
This provision shall be enforced by the Township unless the person
who desires to construct such improvements shall demonstrate to the
satisfaction of the SEO that an alternate replacement area which complies
with all applicable regulations of the DEP, this Part and all other
applicable Township ordinances, exists upon the lot. If such an alternate
replacement area shall be identified, the alternate replacement area
may be considered to be the replacement area required by this Part
and shall be designated as the replacement area. The newly designated
replacement area shall thereafter be considered the replacement area
for the purposes of this Part.
[Ord. 2008-12, 11/13/2008, § 11]
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of a property owner to maintain,
repair or replace an on-lot sewage disposal system as provided under
the terms of this Part, shall have the authority to perform or contract
to have performed the work required by the SEO The owner shall be
charged for the work performed and, if necessary, a lien shall be
entered therefore in accordance with law to recover all costs, together
with attorney's fees.
[Ord. 2008-12, 11/13/2008, § 12]
1.
All septage pumper/haulers operating within the Township shall be
registered through the Sewage Management Program Coordinator and shall
comply will all reporting requirements established by the Township.
2.
All septage originating within the Township shall be disposed of
at site or facilities approved by the DEP. Approved sites or facilities
may include the following: septage treatment facilities, wastewater
treatment plants, composting sites, and approved farm lands.
3.
Septage pumper/haulers operating within the Township shall operate
in a manner consistent with the provisions of the Pennsylvania Solid
Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003).
Any septage pumper/hauler who violates any of the provisions of this
Part, the rules and regulations promulgated hereunder, the conditions
of its state permit, or of any state or local law governing its operation
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $100 and not exceeding $1,000 and costs, together with attorney's
fees, or in default of payment thereof, shall be subjected to imprisonment
for a term not to exceed 30 days. If any pumper/hauler shall have
been convicted on two occasions of any violation of this Part, or
for violating the conditions of its state permit, or of any state
or local laws governing its operation, the Board shall have the right
to suspend said pumper/hauler from operating within the Township for
a period of not less than six months or more than two years for each
violation. Each day the violation continues shall constitute a separate
offense.
[Ord. 2008-12, 11/13/2008, § 13]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
2.
The Township may appoint those qualified to carry out the provisions
of this Part, which may include its SEO and a Sewage Management Program
Coordinator. The Township may also contract with others as may be
necessary to carry out the provisions of this Part.
3.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems and community sewage systems in the
Township shall become the property of the Township. Existing and future
records shall be available for public inspection during required business
hours at the office of the Sewage Management Program Coordinator or
SEO, as applicable. All records pertaining to sewage permits, building
permits, occupancy permits and all other aspects of the Township's
OLDS Management Program shall be made available, upon request, for
inspection by representatives of the DEP.
4.
The Board may establish by resolution all administrative procedures
necessary to properly carry out the provisions of this Part.
5.
The Board may establish by resolution a fee schedule, and subsequently
collect fees, or authorize the collection of fees, to cover the costs
of the Township or authorized agents of the Township of administering
this program.
[Ord. 2008-12, 11/13/2008, § 14]
1.
Appeals from decisions of the SEO, the Sewage Management Program
Coordinator or the Township's authorized agents under this Part
shall be made to the Board in writing within 45 days from the date
of the decision in question.
2.
The appellant shall be entitled to a hearing before the Board within
45 days of the receipt of the appeal by the hearing body. The appellant
and the hearing body may continue the time for the hearing to a date
as may be agreed upon. The Township shall render a decision within
45 days of the completion of the hearing or hearings. All matters
to be heard must be set forth in writing in the appeal papers at the
time of filing the appeal.
[Ord. 2008-12, 11/13/2008, § 15]
Any person who violates any of the provisions of this Part or
of the rules and regulations promulgated hereunder shall, upon conviction
before a Magisterial District Judge or before a judge of the Court
of Common Pleas of Lebanon County, Pennsylvania, be fined not less
than $100 nor more than $300, together with costs and attorney's
fees, or in default in the payment thereof shall be confined in the
Lebanon County Prison for a period of time not exceeding 30 days.
Each day of noncompliance shall constitute a separate offense. The
Township may enforce the provisions of this Part and any rules promulgated
hereunder by filing a suit in equity in the Court of Common Pleas
of Lebanon County, Pennsylvania, and in any such proceedings, the
Township may recover all costs and attorney's fees.
