[Ord. 4-1991, 5/13/1991, § 1]
The purpose of this Part 2 is to provide for an inspection by
a Hughesville Borough authorized agent of all on-lot disposal waste
systems, as may be necessary under this Part, including holding tanks;
to establish a schedule for routine maintenance by periodic pump-out
of septic systems; to further permit the Borough of Hughesville to
intervene in situations which are public nuisances or hazardous to
public health; and to remedy Borough sewage conditions to ensure compliance
with the Pennsylvania Sewage Facilities Act (Act 537), as amended,
and other health and safety laws.
[Ord. 4-1991, 5/13/1991, § 2]
The repair, modification or replacement of any component
of an on-lot waste disposal system.
A certified sewage enforcement officer (SEO), professional
engineer, plumbing inspector, soils scientist, or any other qualified
or licensed person who is delegated to function within specified limits
as the agent the Borough to carry out the provision of this Part 2.
All individual sewage systems, community sewage systems,
and holding tanks, as defined in Chapter 73, Standards for Sewage
Disposal Facilities, of Title 25, Rules and Regulations, of the Department
of Environmental Resources.
All other definitions or words and terms used in this Part 2 shall have the same meanings as set forth in Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, of the Department of Environmental Resources.
Any natural person, corporation, partnership, or other legal
title holder of real estate. If the owner does not live in said building,
he/she/it remains responsible for complying with this Part 2.
Proof of evidence that the proposed on-lot waste disposal
system for a realty improvement is in compliance with Chapter 73,
Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations,
of the Department of Environmental Resources and/or any ordinances
of this Borough regulating on-lot waste disposal.
[Ord. 4-1991, 5/13/1991, § 3]
The owner and/or occupant of any building serviced by an on-lot
waste disposal system within this Borough shall be subject to all
of the requirements contained herein.
[Ord. 4-1991, 5/13/1991, § 4]
1.
The Zoning/Code Enforcement Officer of the Borough shall not issue
a building permit for a new building to be serviced by an on-lot waste
disposal system nor issue a permit for conversion of the use or expansion
of use of an existing building prior to receiving from the SEO either:
2.
On the completion of any required work to the system, the SEO shall
inspect the system and advise the Zoning/Code Enforcement Officer
that the installation is complete and complies with permit specifications
and state and local regulations.
[Ord. 4-1991, 5/13/1991, § 5]
Privately owned small community systems, including but not limited
to nursing homes and boarding homes, are subject to the same requirements
of this Part 2 as individual on-lot waste disposal systems.
[Ord. 4-1991, 5/13/1991, § 6]
An on-lot waste disposal system is malfunctioning when it causes
pollution of groundwater or surface water, contamination of private
or public drinking water supplies, nuisance problems, or a hazard
to the public health. Indications of a malfunctioning system include
but are not limited to foul odors, backup of wastewater into the attached
building, or surfacing sewage effluent flowing over the ground, occurring
at any time of the year.
[Ord. 4-1991, 5/13/1991, § VII]
1.
Any on-lot waste disposal system may be inspected by the Borough
or its authorized agent as of the effective date of this Part 2. Such
inspection may occur in different months of the year and may include
inspection of the septic tank, aerobic tank, disposal field, distribution
box, and any other component of the system, etc. Inspection may include
sampling of surface water on or adjacent to the property and groundwater
from active or inactive wells used for potable water supply or from
monitoring wells in an around the disposal field. In addition to any
authority possessed by the Borough's authorized agent to regulate
sewage, said agent shall have the further express authority to require
the property owner to install water conservation devices in buildings
where such measures are deemed necessary to minimize or eliminate
system malfunctions.
2.
The Borough may instruct the authorized agent to inspect if the system
is presently malfunctioning, if maintenance reveals a malfunctioning
system, if the system has malfunctioned in the past, if tank pump-out
is required more frequently (see § 28), if seasonal use
will significantly increase use of the system, if the number of people
using the system increases, and for other good cause shown. A system
owner may appeal from increase in the frequency of inspection through
the administration appeal process detailed in § 36.
3.
A copy of the inspection report shall be furnished to the owner and shall contain the date of inspection, the name and address of the system owner, a description and diagram of the location of the system, including the approximate location of access hatches, risers, and markers, the approximate size of the tank and disposal field, all soil and water tests, and required remedial action. Within 10 days of receipt of an inspection report indicating a malfunction, the owner shall apply to the Borough sewage enforcement officer (SEO) for a permit to rehabilitate the malfunctioning system pursuant to the provisions of § 29 of this Part 2.
[Ord. 4-1991, 5/13/1991, § VIII]
1.
All subsurface waste disposal systems located within the Borough
shall be pumped out within three years after the effective date of
this Part 2 and be pumped out at three-year intervals thereafter.
2.
The Borough may require systems to be pumped out at more-frequent
intervals for proper operation of the system if it finds that the
system is malfunctioning, that the system has malfunctioned in the
past and is likely to malfunction again, that seasonal use will significantly
increase the use of the system, or that the number of people using
the system has increased.
3.
Any property owner may be exempted from time to time from mandatory
pumping if, in the opinion of the SEO, pumping of that particular
system is unnecessary. The written exemption statement shall set the
date for the next required pumping.
4.
Each property shall submit to the Borough Secretary pumping receipts
or exemption statements as verification of compliance with the required
schedule. Such receipt of exemption statements must be received by
the Secretary within 60 days following the pumping due date.
5.
The Borough may require other maintenance activity during regular
scheduled pump-out of the septic tank, or holding tank, such as cleaning
and unclogging of pipelines connecting the tank and disposal field
and cleaning of the distribution box and mechanical equipment.
[Ord. 4-1991, 5/13/1991, § IX]
1.
Any on-lot waste disposal system or component thereof which is found
to be malfunctioning and causing pollution of ground- or surface waters
or contamination of private or public health will be repaired, modified,
or replaced pursuant to the order of the Borough or its authorized
agent to correct the condition which caused the malfunction. No repair
or rehabilitation, except for pumping and minor repairs associated
therewith, shall be undertaken prior to the issuance of a sewage permit
by the Borough SEO. Rehabilitation shall be performed in accordance
with Chapter 73, Standards for Sewage Disposal Facilities, of Title
25, Rules and Regulations, of the Department of Environmental Resources.
The sewage enforcement officer shall inspect rehabilitation and certify
compliance with state and local standards to the Borough.
2.
The Borough or the SEO shall have the authority to order the repair
of any malfunctioning on-lot waste disposal system, including but
not limited to the installation of a new conventional drainage field,
the construction of elevated sand mounds to replace an existing disposal
field, holding tanks, spray irrigation system, the addition of dosing
tanks and distribution boxes to the system, or the replacement of
an existing septic system with a completely different system such
as an aerobic system or waterless toilet. The Borough shall also have
the authority to require two or more buildings served by malfunctioning
septic tanks and subsurface drainage fields to hook up to a small
community system.
3.
Rehabilitation of an on-lot waste disposal system ordered by the
Borough or the SEO shall commence construction within 30 days of issuance
of said permit and shall be completed within 60 days unless seasonal
or unique conditions mandate a longer period, in which the case the
SEO shall set the extended completion date.
4.
An owner, contractor or any other person shall not undertake any
independent repair, modification, or replacement of the system without
a sewage permit.
5.
The Borough may apply for federal and state grants, if available,
to be used for the rehabilitation of on-lot waste disposal systems.
[Ord. 4-1991, 5/13/1991, § X]
If inspection pursuant to this Part 2 shall disclose either the absence of an on-lot waste disposal system, including but not limited to direct discharge of waste into a storm sewer or other waterway, or a malfunctioning waste disposal system using a cesspool, the Borough or its authorized agent shall furnish the owner an inspection report notifying the owner of the condition and directing the owner to take immediate action to repair the system. The owner shall apply to the Borough SEO for a permit to repair or install the same in accordance with the provisions of this Part 2 and Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, of the Department of Environmental Resources.
[Ord. 4-1991, 5/13/1991, § XI]
Only normal domestic wastes shall be discharged into the on-lot
waste system. The following shall not be discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including but not limited
to pesticides, disinfectants, acids, paint, paint thinner, herbicides,
and solvents.
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps, etc.
[Ord. 4-1991, 5/13/1991, § XII]
The SEO, authorized agents, employees, and other personnel of
the Borough shall, upon presentation of proper credentials and identification,
be permitted to enter upon all properties at reasonable times for
the purpose of inspection, observation, sampling, maintenance, and
rehabilitation of on-lot waste disposal systems in accordance with
the provisions of this Part 2.
[Ord. 4-1991, 5/13/1991, § XIII]
Septage originating within the Borough and disposed of in the
Borough or removed from the Borough shall be disposed of at sites
or facilities approved by the Pennsylvania Department of Environmental
Resources and operated in accordance with state regulations.
[Ord. 4-1991, 5/13/1991, § XIV]
The Borough, upon written notice from the SEO that an imminent
health danger exists due to failure of a property owner to repair,
maintain or install a subsurface sewage system as provided under the
terms of this Part 2, shall have the authority to contract to have
the SEO-specified work completed and to charge the landowner for the
work performed and to enter a lien therefor against the property in
accordance with law.
[Ord. 4-1991, 5/13/1991, § XV]
1.
Personnel. It shall be the duty of the authorized agent to oversee
the inspection and maintenance of faulty on-lot septic systems, to
bring complaints and suggestions to the Borough Council, and to carry
out the provisions of this Part 2.
2.
Records. All permits, records, reports, files, and other written
material relating to the installation, operation, maintenance, tank
pumpings, on-lot management activities, and malfunctioning of subsurface
waste disposal systems and/or alternative systems in the Borough in
the possession of the authorized agent, SEO or other public agency
shall become the property of the Borough. Copies of such records shall
be kept on file by the Borough Secretary. Existing and future records
in the possession of the Borough shall be available for public inspection
during regular business hours at the Borough Office.
[Ord. 4-1991, 5/13/1991, § XVI]
1.
Appeals from the requirements of this Part 2 or from decisions of
the Borough authorized agent, SEO or other Borough personnel under
this Part 2 shall be made to the Hughesville Borough Council in writing
30 days from the date of the decision.
2.
The appellant shall be entitled to a hearing before the Council at
its next regularly scheduled meeting. If the appeal is received within
14 days of the next meeting, the appeal shall be heard the following
month at the next regular meeting. The Borough shall thereafter reverse,
modify, or affirm the aforesaid decision. The hearing may be postponed
for good cause shown by the appellant or the Borough. Additional evidence
may be introduced at the hearing, provided it is submitted in writing
with the written notice of appeal and is relevant.
3.
A decision shall be rendered within 45 days of the date of hearing.
If a decision is not rendered within 45 days, the relief sought by
the appellant shall be deemed granted.
[Ord. 4-1991, 5/13/1991, § XVII]
The Council shall, by resolution, set all fees to be charged
for inspections, exemption statements, permits, maintenance, filing,
copying of records, appeals, etc., performed by Borough personnel.
Such fees shall be collectible as provided in § 34 hereof.
[Ord. 4-1991, 5/13/1991, § XVIII]
1.
Any contractor, partnership, corporation or other person failing
to comply with the provisions of § 29, which relates to
malfunctioning systems, shall be subject to a fine in the amount of
$600 plus costs or, in default thereof, to a period of confinement
in the county jail of not more than 60 days.
2.
Any contractor, partnership, corporation or other person failing to comply with the provisions of this Part 2 shall be subject to a fine of not less than $100 plus costs and not more than $300 plus costs or, in default thereof, to a period of confinement in the county jail of not more than 30 days. Each day of noncompliance shall constitute a separate offense and be punishable as such.
