[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Towamensing as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1986 by Ord. No. 93]
A. 
As used in this article, unless a different meaning clearly appears from the context, the definitions used under this article are to have the same meaning as described in the Pennsylvania Sewage Facilities Act, as amended, 35 P.S. § 750.1 et seq., and the statutes, rules and regulations now or hereinafter promulgated in accordance with said Act.
B. 
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
COMMUNITY WATER SUPPLY SYSTEM
Any system, whether publicly or privately owned, serving two or more lots with water for use and consumption on the premises.
INDIVIDUAL WATER SUPPLY SYSTEM
A system of piping, tanks, or other facilities serving a single lot with water for use and consumption on the premises.
No person shall locate, install or construct an on-lot individual water supply system or community water supply system, or install or occupy any building or structure for which an on-lot individual water supply system or on-lot community water supply system is to be installed, without first obtaining a permit from the Sewage Enforcement Officer approving the location for the system. Additionally, any lot, regardless of size, may not be issued a building permit unless a well permit is first obtained in accordance with the provisions of this article.
A. 
All permits for location, construction and installation of an individual water supply system or a community water supply system shall be obtained from the Lower Towamensing Township Sewage Enforcement Officer and be subject to all the conditions that may be required by any rules or regulations adopted by Lower Towamensing Township, Carbon County and the Commonwealth of Pennsylvania concerning the issuance of well permits.
B. 
Application for a permit should be in writing to the Township of Lower Towamensing and shall be made in such form and shall include such data as Lower Towamensing Township, Carbon County and the Commonwealth of Pennsylvania may require. This data shall include, but not be limited to, the location of the individual sewage system or community sewage system, location of the individual water supply system or community water supply system, and the location of the improvements presently located or to be located on the property for which the application is sought, in sufficient detail for the Sewage Enforcement Officer to assure compliance with the provisions of this article. Applications made by an agent of the property owner shall be accompanied by written verification satisfactory to the Sewage Enforcement Officer of the authority of such agent to make application on behalf of the property owner.
The Township Secretary shall be the custodian of all applications, test results, permit copies and related documentation concerning the testing, applications and permits issued or in any manner related to the duties of the Sewage Enforcement Officer.
In reviewing an application for the issuance of a well permit, the Sewage Enforcement Officer shall be guided by assuring compliance with the provisions of the Pennsylvania Sewage Facilities Act, as amended,[1] and with the statutes, rules and regulations now or hereinafter promulgated in accordance with said Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
Any Sewage Enforcement Officer designated by the Township who has any application charged to him in any calendar month shall submit, in writing, monthly to the Township Secretary a list of all the applications in his possession and the activity or disposition concerning said applications. If any application has been made by any person requesting a permit, the name of such person and description of the property contained in such application shall be included in this report. This written report shall be made available at the first public meeting of the Board of Supervisors held monthly in each succeeding month and shall become part of the official Township records.
The person making application for a well permit shall submit to the Township Secretary/Treasurer or his designee the required well permit fee. This payment shall be in cash or by certified check or bank money order or bank check or other guaranteed payment. Personal checks may be accepted by the Sewage Enforcement Officer if the applicant is personally known to him. In the event a personal check is returned for insufficient funds, this shall be sufficient ground to revoke a permit which may otherwise have been issued.
Prior to designating the location of a proposed on-lot individual water supply system or community water supply system, the property for which application has been sought shall be clearly marked by property corner pins placed by a professional land surveyor. Additional markings, including but not limited to sideline markings, may be required by the Lower Towamensing Township Sewage Enforcement Officer in order to assist in the location of an individual or community water system. The responsibility for the accuracy of these markings shall be that of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The applicant for a well permit shall submit to the Township a fee in such amount as set from time to time by resolution of the Board of Supervisors.
The Board of Supervisors of Lower Towamensing Township shall have the power from time to time to amend the fees set forth in the foregoing § 434-10 of this article by a resolution duly adopted by a majority of said Supervisors at any regular or special meeting thereof.
The Board of Supervisors of Lower Towamensing Township shall have the power from time to time to adopt such rules and regulations as shall be necessary for the implementation of the provisions of this article by a resolution duly adopted by a majority of said Supervisors at any regular or special meeting thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
In addition to any penalty for violation of this article, all other actions are hereby reserved, and the Township Supervisors or, with their approval, an officer of the Township, may institute in the name of the Township any appropriate proceedings or cause of action in law and/or equity to restrain, correct, prevent and/or abate any and all violations of this article or any rules and regulations promulgated thereunder.
The provisions of this article are severable, and if any provisions or part hereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this article. It is hereby declared as the intent of the Board of Supervisors of the Township that this article would have been adopted had such unconstitutional, illegal or invalid sentences, clause, section or part thereof not been included therein.