[Ord. 02-2004, 3/4/2004]
As used in this Part, the following terms shall have the meanings
indicated:
Any individual on-lot sewage disposal system that must meet
the requirements of 25 Pa. Code § 72.25(h) [except the individual
residence spray irrigation system (IRSIS)].
An individual on-lot sewage disposal system consisting of
a septic tank and in-ground absorption area that does not require
the use of a dosing or lift pump or maintenance under 25 Pa. Code
§ 72.25(h).
Any conventional, alternate and elevated sand mound on-lot
sewage disposal systems requiring the use of a dosing or lift pump
that do not require maintenance under 25 Pa. Code § 72.25(h).
The Pennsylvania Department of Environmental Protection.
The meaning set forth at 25 Pa. Code § 72.1.
The scheduled removal of septage or other solids from all
participating systems and, in addition for SRSTP's, alternative
OLDS and IRSIS systems, effluent sample collection, laboratory analysis
and reporting to DEP.
Conventional OLDS and conventional on-lot pressure-dosed
system.
The owners of that real estate within the Township of Vernon,
Crawford County, Pennsylvania, the owners of which are required hereby
to participate in the Sewage Management Program.
Includes natural persons and also all other entities which
are capable of owning or possessing real estate.
The meaning set forth at 25 Pa. Code § 72.1.
The meaning and the characteristics set forth at 25 Pa. Code,
Subchapter E, § 71.71 and following.
Either:
Single residence sewage treatment plant.
Those owners of land who elect to participate voluntarily
in the Sewage Management Program.
[Ord. 02-2004, 3/4/2004]
The Township of Vernon, Crawford County, Pennsylvania, hereby
adopts a Sewage Management Program pursuant to Subchapter E of Pa.
Code, Title 25, which shall apply universally for sewage facilities
permitted by the Township (including individual sewage systems and
privately owned community sewage systems), the operation of which
shall be phased-in upon the terms and conditions provided herein.
[Ord. 02-2004, 3/4/2004]
1.
Persons Required to Participate. The following persons are required
to participate in the Sewage Management Program:
A.
All current and future owners of real estate within the Township
of Vernon, Crawford County, Pennsylvania, containing sewage facilities
classified above as a small flow system, an IRSIS system or an alternative
OLDS system, for new construction, repair or replacement, on or after
the effective date of this Part.
2.
Other Participants. Other owners of real estate within the Township
of Vernon, Crawford County, Pennsylvania, may voluntarily commit to
participate in the Sewage Management Program by entering into a written
agreement with the program manager. Such voluntary participants shall
have the right to withdraw from the program; provided, however, that
any voluntary participant in the Sewer Management Program, and the
successor owners of the real estate owned by any such voluntary participant,
shall be required to participate in the Sewage Management Program,
and shall be subject to the conditions of participation, for a minimum
term of five years. The program manager has restricted voluntary participation
to owners of real estate who have properly functioning individual
sewage systems and privately owned community sewage systems prior
to voluntary participation.
[Ord. 02-2004, 3/4/2004]
1.
Designation of Program Manager; Description of Program. The Board
of Supervisors of the Township of Vernon, Crawford County, Pennsylvania,
shall retain and shall enter into a contract with a person, corporation
or other business organization to be designated the "program manager,"
to operate the Sewage Management Program, and shall pay to the program
manager compensation, fees and charges as approved by the Board of
Supervisors from time to time.
2.
Duties. The program manager shall be responsible for the following,
with assistance from the Township:
A.
Identify the owners of affected real estate and identify and recruit
voluntary program participants.
B.
Inspect sewage systems on all real estate held by owners of affected
real estate and voluntary program participants for compliance with
the requirements of 25 Pa. Code, with such inspection to be performed
by a person or persons holding the sewage enforcement officer certificate
at least annually.
C.
Perform minor maintenance as required to sewage systems located on
land owned by the owners of affected real estate and voluntary program
participants.
D.
Prepare a written report of each inspection, maintain a record of
all such written reports, and provide a copy of the written report
to the owners of affected real estate and to voluntary program participants.
E.
Bill and collect fees and charges, as set and approved by the Board
of Supervisors of Vernon Township, Crawford County, Pennsylvania,
by resolution from time to time, on behalf of the Township, from the
owners of affected real estate and voluntary program participants.
[Ord. 02-2004, 3/4/2004]
1.
Supervisors to Set Fees. The Board of Supervisors of Vernon Township,
Crawford County, Pennsylvania shall, from time to time, by resolution,
set and establish fees and charges to be charged to the owners of
affected real estate and voluntary program participants for their
participation in the Sewage Management Program.
2.
Payment Required. All persons who are owners of affected real estate
or voluntary program participants shall be required to pay to the
program manager all such fees and charges imposed upon them by the
Township from time to time, within 30 days after the issuance and
mailing of an invoice for such fees and charges by the program manager
or the Township.
[Ord. 02-2004, 3/4/2004]
The program manager and its agents and agents of the Township
shall be authorized to enter upon the lands owned by the owners of
affected real estate and voluntary program participants for the purpose
of performing the duties set forth herein, and for purposes incident
thereto, without liability except for any actual damage to person
or property committed by the program manager or other authorized person,
but only to the extent that the program manager or other persons shall
not be found to be immune from liability under law.
[Ord. 02-2004, 3/4/2004]
1.
Criminal Violation. Any person who shall violate provisions of this
Part shall commit a criminal summary offense punishable by a fine
not to exceed a $1,000 per violation and imprisonment to the extent
allowed by law for the punishment of summary offenses.
2.
Civil Violation. In addition to criminal culpability, a civil penalty
in the amount of $600 per violation is hereby set and prescribed to
be imposed upon and against any person who shall violate the terms
of this Part. The Township shall or may initiate a civil enforcement
proceeding before a District Justice for the imposition and collection
of such civil penalty.
3.
Continuing Violations. A separate offense shall arise for each day
or portion thereof in which a violation is found to exist for each
section of this Part which is found to have been violated.
4.
Collections. The Township or the program manager shall have the right
to collect any sums and charges due from program participants by civil
process; and the Township shall be authorized to file a municipal
lien for such monies due, together with a 20% collection commission
and record costs.
[Ord. 02-2004, 3/4/2004]
The rights, obligations and penalties provided hereunder shall
be contingent and conditional upon approval by the DEP of an amendment
to the Township Sewage Facilities Plan adopted pursuant to the Clean
Streams Law, providing for the Township Sewage Management Program.
