a.
This ordinance shall be known and may be cited as "The On-Lot Sewage
Disposal Program" for the Borough of State College.
b.
As mandated by the municipal codes, the Clean Streams Law (35 P.S.
§§ 691.1 et seq.), 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 the
protection of the public health by preventing the discharge of untreated
or inadequately treated sewage. The Official Sewage Facilities Plan
for the Borough 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.
c.
The purpose of this ordinance is to provide for the inspection, maintenance
and rehabilitation of on-lot sewage disposal systems; to further permit
the municipality 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.
a.
ACT 247 — The Act of July 31, 1968, P.L. 805, No.
247, as amended, 53 P.S. Section 10101 et seq. known as the Pennsylvania
Municipalities Planning Code.
b.
ACT 537 — The Act of January 24, 1966, P.L. 1535
as amended, 35 P.S. § 750.1 et seq. known as the Pennsylvania
Sewage Facilities Act.
c.
AUTHORIZED AGENT — A certified sewage enforcement
officer, code enforcement officer, professional engineer, plumbing
inspector, municipal secretary or any other qualified or licensed
person who is delegated by the municipality to function within specified
limits as the agent of the municipality to carry out the provisions
of this ordinance.
d.
COUNCIL — The Council of the Borough of State College,
Centre County, Pennsylvania.
e.
CODES ENFORCEMENT OFFICER (C.E.O.) — An individual
employed by the municipality to administer and enforce ordinances
in the municipality.
f.
COMMUNITY ON-LOT SEWAGE DISPOSAL SYSTEM — Any system,
whether publicly or privately owned, for the collection of sewage
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
lots or at any other site.
g.
DEP — The Department of Environmental Protection
of the Commonwealth of Pennsylvania or any successor agency.
h.
DEVELOPER — Any person, partnership or corporation
which erects or contracts to erect a building on property it owns,
whether with the intent to sell the building to some other party upon
its full or partial completion, or upon conveyance of property on
which the building is to be built, or with the intent to continue
ownership of the property.
i.
EQUIVALENT DWELLING UNIT (EDU) — An amount of sewage
flow, equal to 207 gallons per day or part thereof, used to determine
the equivalency to a number of dwellings for nonresidential land development.
j.
IMPROVED PROPERTY — Any property within the municipality
upon which there is erected an improvement intended for continuous
or periodic habitation, occupancy or use by human beings and from
which improvement sewage shall or may be discharged by any means.
k.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM — 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 this Commonwealth or by means of conveyance to another
site for final disposal.
l.
LAND DEVELOPMENT — A land development as identified
in the Pennsylvania Municipalities Planning Code, Act of July 31,
1968, P.L. 805, No. 247, as amended, 53 P.S. Section 10101 et seq.
m.
LOT — 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.
n.
MALFUNCTION — The condition which occurs when an
on-lot sewage disposal system causes pollution to 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.
o.
MANAGEMENT PROGRAM — The management program shall
encompass individual and community on-lot sewage disposal systems
which discharge into the soils of the municipality. All systems shall
be operated under the jurisdiction of the municipal governing body
and other applicable laws of the Commonwealth of Pennsylvania.
p.
MUNICIPALITY — The Borough of State College, Centre
County, Pennsylvania.
q.
OFFICIAL SEWAGE FACILITIES PLAN — A Comprehensive
Plan for the provision of adequate sewage disposal, adopted by the
municipality and approved by DEP in accordance with the Act and with
applicable DEP regulations.
r.
OWNER — Any person, corporation, partnership, etc.
holding deed/title to lands within the municipality.
s.
PERSON — Any individual, association, public or private
corporation whether for profit or not for profit, partnership, firm,
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 ordinance, 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.
t.
PLANNING MODULE FOR LAND DEVELOPMENT — A revision
to, or exception to the revision of, the municipal official plan submitted
in connection with the request for approval of a subdivision or land
development in accordance with DEP regulations.
u.
PUMPER/HAULER — Any person, company, partnership
or corporation which engages in cleaning community or individual sewage
systems and transports the septage cleaned from these systems.
v.
PUMPERS REPORT/RECEIPT — Form which shall be used
by all permitted Pumper/Haulers to report each pumping of on lot sewage
disposal systems in the municipality.
w.
REHABILITATION — Work done to modify, repair, enlarge,
or replace an existing on lot sewage disposal system.
x.
REPLACEMENT AREA — 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 municipal ordinances for an individual
on lot sewage system, and shall be protected from encroachment by
an easement recorded on the final plan as filed with the Centre County
Recorder of Deeds.
y.
SEPTAGE — The residual scum and sludge pumped from
septic systems.
z.
SEWAGE — Any substance that contains any of the waste
products or excrement or other discharge from the bodies of human
beings or any noxious or deleterious substances 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.
aa.
SEWAGE ENFORCEMENT OFFICER (S.E.O.) — A person appointed
by the municipality to administer the provisions of this ordinance
and authorized by DEP in accordance with Chapter 72, "Administration
of Sewage Facilities Program" of Title 25, "Rules and Regulations"
to perform percolation tests, site and soil evaluation, and issue
sewage permits for on lot disposal systems.
bb.
SEWAGE FACILITIES — A system of sewage collection,
conveyance, treatment and disposal which will prevent the discharge
of untreated or inadequately treated sewage or other waste into waters
of this Commonwealth or otherwise provide for the safe and sanitary
treatment and disposal of sewage or other waste.
cc.
SINGLE AND SEPARATE OWNERSHIP — The ownership of
a lot by one or more persons which ownership is separate and distinct
from that of any abutting or adjoining lot.
dd.
SUBDIVISION — A subdivision as defined by the Pennsylvania
Municipalities Code, Act of July 31, 1968, P.L. 805, No. 247, as amended,
53 P.S. Section 10101 et seq.
All other definitions of words and terms used in this ordinance
shall have the same meaning as set forth in "Chapter 73, Standards
for Sewage Disposal Facilities" of "Title 25, Rules and Regulations,
Department of Environmental Protection."
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a.
From the effective date of this ordinance, its provisions shall apply
to all persons owning any property in the municipality serviced by
an individual on-lot sewage disposal system or a community on-lot
sewage disposal system and to all persons installing such on-lot sewage
disposal systems.
a.
Regardless of lot size, 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.
b.
No system or structure designed to provide individual or community
sewage disposal shall be covered from view until approval to cover
the same has been given by the municipal SEO. If 72 hours have elapsed,
excepting Sundays and Holidays, since the SEO issuing the permit received
notification of completion of construction, the applicant may cover
said system or structure unless permission has been specifically refused
by the SEO.
c.
The municipality may require applicants for sewage permits to notify
the municipality's certified SEO of the schedule for construction
of the permitted on-lot sewage disposal system so that inspection(s)
in addition to the final inspection required by Act 537 may be scheduled
and performed by the municipality's certified SEO at the cost of the
applicant.
d.
No building or occupancy permit shall be issued by the municipality
or its codes enforcement officer for a new building which will contain
sewage generating facilities until a valid sewage permit has been
obtained from the municipality's certified SEO.
e.
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 municipality's
codes enforcement officer and the structure's owner receive from the
municipality's SEO either a permit for modification or 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 certified SEO shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
f.
Sewage permits may be issued only by a certified SEO employed by
the municipality for that express purpose. DEP shall be notified by
the municipality as to the identity of their currently employed primary
and alternate certified SEOs.
g.
No sewage permit for a new occupancy, whether residential or nonresidential,
may be issued unless proof is provided the lot of record existed prior
to May 15, 1972, or that Act 537 planning for that lot has been provided
by the municipality and approved by DEP.
h.
No final Act 247 approval of a subdivision or land development plan
may be made and no recording of deeds for newly created lots completed
until formal Act 537 planning approval by DEP is received.
a.
Requirements.
(1)
Any supplements, revisions, or exceptions (Component I) to the
municipality's Official Sewage Facilities Plan which are prepared
pursuant to the applicable regulations of the DEP for subdivision
or development of land within the municipality shall provide for the
testing, identification, and reservation of an area of each lot or
developed property suitable for the installation of a 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.
(2)
No permit shall be issued for any proposed new on-lot sewage
disposal system on any newly created or subdivided property in the
municipality unless and until a replacement area is tested, identified
and reserved.
(3)
After the effective date of this ordinance, a replacement area
for an individual on lot sewage system shall be required for all lots
or lots to be created which are not serviced or to be serviced by
a community sewerage system or for which a valid permit for installation
of an individual on lot sewage system has not been issued. Lots existing
prior to the effective date of this ordinance shall be exempt from
the requirements of this section.
(4)
The replacement area provided shall comply with the Act and
with all regulations issued by DEP as incorporated into this ordinance
concerning individual on-lot and community on-lot sewage systems,
including isolation distances, and with the terms of this ordinance
and any other applicable municipal ordinances.
b.
Identification of Replacement Area.
(1)
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 or community on-lot sewage system, or who
shall request approval of a Planning Module for land development or
the adoption of a revision, exception to revision, or supplement to
the Official Plan shall demonstrate to the satisfaction of the certified
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 certified SEO shall perform or observe all tests required
for the location of an individual on-lot or community 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 certified SEO shall not constitute compliance with
the requirements of this section.
(2)
The location of the initial individual on lot sewage system
and the replacement area as confirmed by the certified SEO shall be
identified on the plot plans and diagrams submitted as part of the
permit application.
(3)
If the application has been submitted as part of an application
for subdivision or land development approval or as part of a request
that the municipality 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
or community on-lot sewage system and each replacement area shall
be noted upon the plot 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.
(4)
Any revisions to a permit or plan affecting a replacement area
which previously has been approved pursuant to the provisions of this
ordinance shall be reviewed for approval by the municipal board/council
or its authorized representative.
c.
Construction Restrictions.
(1)
The easement for the replacement area noted upon the plan and
recorded with the Centre County Recorder of Deeds shall state that
no permanent or temporary improvements of any character, other than
shallow rooted plant matter shall be constructed upon the replacement
area.
(2)
If a person desires to construct such improvements on the designated
replacement area, such person shall demonstrate to the satisfaction
of the certified SEO that an alternate replacement area, which complies
with all applicable regulations of the DEP, this ordinance, and all
other applicable municipal 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
ordinance and shall be designated as the replacement area.
a.
Any on-lot disposal system may be inspected by the municipality's
certified SEO or authorized agent at any reasonable time as of the
effective date of this ordinance, but in no case shall an inspection
of every on-lot disposal system be conducted less frequently than
once every six years.
b.
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 served to ascertain the path and the ultimate
destination of wastewater generated in the structure. A copy of the
inspection report shall be furnished to the Owner and current resident,
which shall include all of the following information: date of inspection;
name and address of system owner; description and location of the
system, including presence of access hatches, risers, and markers;
size of tank(s); current occupant's name and number of users; indication
of any system malfunction observed; results of any and all soils and
water tests. The municipality's certified SEO will follow-up should
any remedial action be required.
c.
The municipality's certified SEO or authorized agent shall have the
right to enter upon land for the purposes of inspections described
above. In the event access to inspect the property is denied, the
following steps shall be taken:
(1)
The matter will be officially referred to the governing body
of the municipality for action.
(2)
The governing body of the municipality may schedule a review
at the next scheduled meeting of the municipal board/council or, if
the situation threatens the health or safety of the residents of the
municipality, the Board/council may commence an immediate procedure
to obtain a search warrant from the District Justice.
(3)
Upon receipt of a search warrant to inspect the property, the
certified SEO or authorized agent of the municipality shall be accompanied
by an officer of the municipal or State Police and the inspection
shall be completed in accordance with this subsection.
d.
An initial inspection shall be conducted by the municipality's certified
SEO or authorized agent within six years of the effective date of
this ordinance for the purpose of determining the type and functional
status of each sewage disposal system in the municipality. A written
report shall be furnished to the owner of each property inspected
and a copy of said report shall be maintained in the municipal records.
e.
A routine inspection of each sewage disposal system in the municipality
will be scheduled every six years to assure the proper function of
all systems in the municipality.
f.
The municipality's certified SEO or authorized agent shall inspect
systems known to be, or alleged to be, malfunctioning. Should said
inspections reveal that the system is indeed malfunctioning, the municipal
certified SEO shall take action to require the correction of the malfunction.
If total correction is not technically or financially feasible in
the opinion of the municipal certified SEO and a representative of
the DEP, then action by the property owner to mitigate the malfunction
shall be required.
A permit shall be required by the municipality for alterations
or connections to an existing individual or community on-lot sewage
system when the alteration or connection requires the repair, replacement
or enlargement of a treatment tank or retention tank, or the repair,
replacement, disturbance, modification or enlargement of a soil absorption
area or spray field, or the soil within or under the soil absorption
area or spray field.
g.
There may arise geographic areas within the municipality where numerous
on-lot sewage disposal systems are malfunctioning. A resolution of
these area-wide problems may necessitate detailed planning and a municipally
sponsored revision to that area's Act 537 Official Sewage Facilities
Plan. When a DEP authorized Sewage Facilities Plan Revision has been
undertaken by the municipality, mandatory repair or replacement of
individual malfunctioning sewage disposal systems within the study
area may be delayed, at the discretion of the municipality, pending
the outcome of the plan revision process. However, the municipality
may compel immediate corrective action whenever a malfunction, as
determined by municipal officials and/or the DEP, represents a serious
public health or environmental threat.
a.
Only normal domestic wastes shall be discharged into any on lot sewage
disposal system. The following shall not be discharged into the system.
(1)
Industrial waste.
(2)
Automobile oil and other non-domestic oil.
(3)
Toxic or hazardous substances or chemicals, including but not
limited to, pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and other solvents.
(4)
Clean surface or ground water, including water from roof or
cellar drains, springs, basement sump pumps and French drains.
a.
Any person owning a building served by an on lot sewage disposal
system shall have the septic tank pumped by a qualified pumper/hauler
within three years of the effective date of this ordinance. Thereafter
that person shall have the tank pumped at least once every three years.
Receipts from the pumper/hauler shall be submitted to the municipality
or authorized agent within 30 days of the date of pumping.
b.
An option will be provided to allow the property owner to request
a waiver from pumping every three years if, because of tank size,
household size, or seasonal use, it is determined by the municipality's
certified SEO that such pumping is not needed. In such cases, a waiver
from pumping can be granted at the discretion of the municipality's
certified SEO when an inspection of the tank by the municipal SEO
reveals that the solids are less than one third the liquid depth of
the tank.
c.
The required pumping frequency may be increased at the discretion
of the municipality's SEO or authorized agent if the septic tank is
undersized, if solids buildup in the tank is above average, if the
hydraulic load on the system increases significantly above average,
if a garbage grinder is used in the building, if the system malfunctions
or for other good cause shown.
d.
If any person can prove that their system tank had been pumped within
three years prior to their pumping notification date, then the municipality
may delay that person's initial required pumping to conform with the
general pumping frequency requirement.
e.
Any person owning a building served by an on-lot sewage disposal
system which contains 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 municipality within six months of the effective
date of this ordinance. Thereafter, service receipts shall be submitted
to the municipality at the intervals specified by the manufacturer's
recommendations. In no case may the service or pumping intervals for
aerobic treatment exceed those required for septic tanks.
f.
Any person owning a building served by a cesspool or dry well shall
have that system pumped according to the schedule prescribed for septic
tanks as noted in Section VIII. Paragraph A. As an alternative to
this scheduled pumping of the cesspool or dry well, the owner may
secure a sewage permit from the certified SEO for a septic tank to
be installed preceding the cesspool or dry well. For a system consisting
of a cesspool or dry well preceded by an approved septic tank, only
the septic tank must be pumped at the prescribed interval.
g.
The municipality 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.
h.
Each time a septic tank or other subsurface waste disposal tank is
pumped out, the municipality, its authorized agent, or a private septage
pumper/hauler, whichever provides the service, shall provide to the
owner of the on lot disposal system a signed pumpers' report/receipt
containing at minimum, the following information:
(1)
Date of pumping.
(2)
Name and address of system owner.
(3)
Address of tank's location, if different from owner's.
(4)
Amount of septage or other solid or semi-solid material removed.
(5)
Destination of septage (name of treatment facility).
Upon completion of each required pumping, the pumper/hauler
shall fill out and submit a pumpers' report/receipt, copies of which
shall be provided by the municipality or its authorized agent to all
registered pumpers/haulers. The pumper/hauler shall provide one copy
of the pumpers report/receipt to the owner and one copy to the municipality
or its authorized agent. Copies must be received by the municipality
or its authorized agent within 30 days of the date of pumping.
a.
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 system or tank. No sewage system shall discharge untreated
or partially treated sewage to the surface of the ground or into the
waters of the Commonwealth unless a permit to discharge has been obtained
from the DEP.
b.
The municipality or its authorized agent shall issue a written notice
of violation to any person who is the owner of a property in the municipality
which is found to be served by a malfunctioning on lot sewage disposal
system or which is discharging raw or partially treated sewage without
a permit.
c.
Within seven days of notification by the municipality that a malfunction
has been identified, the property owner shall make application to
the municipality's certified SEO for a permit to repair or replace
the malfunctioning system. Within 30 days of initial notification
by the municipality, construction of the permitted repair or replacement
shall commence. Within 60 days of the original notification by the
municipality, the construction shall be completed unless seasonal
or unique conditions mandate a longer period, in which case the municipality
or its authorized agent shall set an extended completion date.
d.
The municipality's certified 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 or other alternatives as appropriate for the specified site.
e.
In lieu of, or in combination with, the remedies described in D above,
the municipal 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
required to be retro-fitted with water saving appurtenances or they
may be 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.
f.
In the event that the rehabilitation measures in A through E are
not feasible or do not prove effective, the municipality may require
the owner to apply to the DEP for a permit to install a single residence
treatment and discharge system. Upon receipt of said permit the owner
shall complete construction of the system within 60 days.
g.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing disposal system, the
property owner is not absolved of responsibility for that malfunction.
The municipality may require whatever action is necessary to lessen
or mitigate the malfunction to the extent that it feels necessary.
The municipality, upon written notice from the municipal 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 ordinance, shall have the authority
to perform or contract to have performed, the work required by the
certified SEO. The owner shall be charged for the work performed and,
if necessary, a lien shall be entered therefore in accordance with
law.
a.
All septage originating within the municipality shall be disposed
of at sites or facilities approved by the DEP. Approved sites or facilities
shall include the following: Septage treatment facilities, wastewater
treatment plants, composting sites, and approved farm lands.
b.
All septage pumpers/haulers operating within the municipality shall
be licensed by the DEP and permitted by the municipality or its authorized
agent. Pumper/haulers shall comply with all reporting requirements
established by the municipality.
c.
All septage of pumper/haulers operating within the municipality 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
ordinance or regulations of the municipality, the conditions of its
State permit, or any State or local law governing its operation shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$5,000 and costs and, in default of the payment thereof, shall be
subject 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
ordinance, or for violating the conditions of its State permit, or
of any State or local law governing its operation, the municipal board/council
shall have the power to suspend said pumper/hauler from operating
within the municipality for a period of not less than six months or
more than two years for each violation, as determined by the municipality.
Each day the violation continues shall constitute a separate offense.
a.
The municipality shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this ordinance.
b.
The municipality shall employ qualified individuals to carry out
the provisions of this ordinance. Those employees shall include a
certified SEO and may include a codes enforcement officer, secretary,
administrator and other persons as required. The municipality may
also contract with qualified persons or firms as necessary to carry
out the provisions of this ordinance.
c.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on lot sewage disposal systems in the municipality shall become the
property of the municipality. Existing and future records shall be
available for the public inspection during required business hours
at the official municipal office. All records pertaining to sewage
permits, building permits, occupancy permits and all other aspects
of the municipality's sewage management program shall be made available,
upon request, for inspection by representatives of the DEP.
d.
The municipal board/council shall establish a fee schedule to cover
the cost of administering this program. Fees shall be collected by
the municipality or its authorized agent.
e.
The municipal board/council shall establish all administrative procedures
necessary to properly carry out the provisions of this ordinance.
a.
Appeals from decisions of the municipality or its authorized agents
under this ordinance shall be made to the municipal board/council
in writing within 30 days from the date of the decision in question.
b.
The appellant shall be entitled to a hearing before the municipal
board/council at its next regularly scheduled meeting, if the appeal
is received at least 14 days prior to that meeting. If the appeal
is received within 14 days of the next regularly scheduled meeting,
the appeal shall be heard at the subsequent meeting. The municipality
shall thereafter affirm, modify, or reverse the aforesaid decision.
The hearing may be postponed for a good cause shown by the appellant
or the municipality. Additional evidence may be introduced at the
hearing provided that it is submitted with the written notice of appeal.
c.
A decision shall be rendered in writing within 30 days of the date
of the hearing. If a decision is not rendered within 30 days, the
release sought by the appellant shall be deemed granted.
Any person failing to comply with any provisions of this ordinance
shall be subject to a fine of not less than $100 and costs, and not
more than $300 and costs, or in default thereof shall be confined
in the county jail for a period of not more than 30 days. Each day
of noncompliance shall constitute a separate offense.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are hereby repealed to the extent of
such inconsistency.
If any section or clause in this ordinance shall be adjudged
invalid, such adjudication shall not affect the validity of the remaining
provisions which shall be deemed severable therefrom.