[Adopted 7-2-2012 by Ord. No. 396]
This article shall be known and may be cited as the "Quarryville Borough On-Lot Sewage Disposal System Ordinance."
The Borough Council recognizes that individual on-lot sewage disposal systems constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Borough through proper treatment of wastes generated within the Borough for existing developed lots when connection to the public sewer system is not possible. The use of individual on-lot sewage systems must be regulated in accordance with the regulations promulgated by the Department of Environmental Protection which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Borough has determined that should the on-lot sewage system installed by a landowner fail, the water quality and other natural resources of the Borough may be polluted. Therefore, in order to protect the water quality and other natural resources of the Borough, thereby protecting the health and welfare of residents and visitors, the Borough Council desires to require procedures for the maintenance and repair of on-lot sewage systems, including provisions concerning the regulation of septage haulers.
On-lot sewage disposal systems should be pumped out on a regular basis, and it is the responsibility of all landowners to insure such maintenance is performed. In order to determine that the on-lot sewage disposal systems within the Borough are properly maintained, the Borough shall require that all septage haulers servicing on-lot sewage disposal systems within the Borough shall file manifests with the Borough concerning such service. The septage haulers shall also be required to report any malfunctioning on-lot sewage disposal systems to the Borough.
A certain document, three copies of which have been and are presently on file in the office of the Secretary of the Borough of Quarryville, being marked and designated as Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code, being promulgated by the Department of Environmental Protection of the Commonwealth of Pennsylvania, be and is hereby adopted as the sewage permit application procedure of the Borough and each and all of the regulations contained in the said chapters are hereby adopted by the Borough except as modified by this article. It is the intent of the Borough Council to adopt all subsequent amendments and revisions to the said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid by a court of competent jurisdiction, it is the intent of the Council to adopt the said chapters as they existed on the effective date of this article.
Word usage. The following terms shall have the meanings indicated. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
- 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.
- The Borough of Quarryville, Lancaster County, Pennsylvania.
- The Borough Council of the Borough of Quarryville.
- The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
- INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
- Any system of piping, tanks, or other facilities serving on a single lot and collecting and disposing of sewage in whole or in part into the soil and any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposition, and which is located upon the lot which it serves.
- A parcel of land used or intended to be used as a building site or a separate parcel to be created as a result of approval of a subdivision or land development application or a condominium unit. The term lot shall include parcels equal to or greater than 10 acres in size where the lot may be occupied by one or more persons or families.
- The condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of the commonwealth, into surface waters of the commonwealth, backs up into the building connected to the on-lot sewage disposal system or otherwise causes a nuisance hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells. An on-lot sewage disposal system shall be considered to be malfunctioning if any of the conditions set forth in this paragraph occur for any length of time during any period of the year.
- A written report made to the Borough by a septage hauler providing service to an OLDS within the Borough which at a minimum contains the name and address of the septage hauler, the name of the property owner, the address of the property upon which the OLDS is located, a description of all services performed by the septage hauler, the location at which any sewage or solids removed from the OLDS will be disposed, a description of the condition of the OLDS, a statement noting whether any malfunctions of the OLDS were observed, and a statement noting all maintenance or repairs to the OLDS performed.
- A permit issued by the Sewage Enforcement Officer after the performance of tests to determine suitability to authorize the repair or maintenance to an existing OLDS.
- 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 the action to comply with the terms of this article, 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.
- SEPTAGE HAULER
- Any person licensed by the Lancaster County Solid Waste Management Authority, the Department or other governmental agency to remove septage or other solids from treatment tanks of individual on-lot sewage disposal systems, holding tanks or privies within the Borough.
- Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health or to animals or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937, P.L. 1987, No. 394, known as the Clean Streams Law, as amended.
- SEWAGE ENFORCEMENT OFFICER
- The Sewage Enforcement Officer of the Borough.
Editor's Note: See 35 P.S. § 691.1 et seq.
All persons who own a lot upon which an OLDS is installed or who reside upon a lot on which an OLDS is installed shall properly use and maintain such OLDS. Proper maintenance of an OLDS shall include, at a minimum:
Retention of a septage hauler to remove septage from the tank of the OLDS at least once during each period of three calendar years or whenever an inspection reveals that the treatment tank is filled with solids in excess of 1/3 the liquid depth of the tank or with scum in excess of 1/3 the liquid depth of the tank, whichever shall require the more frequent removal. It is the responsibility of the property owner to insure that septage is removed from the tank of the OLDS in accordance with the requirements of this section. No person other than a septage hauler shall be permitted to remove septage from the tank of an OLDS or to otherwise dispose of any septage or any other substance within an OLDS.
Any OLDS installed upon a property which is located within the Borough shall have septage removed from the tank of the OLDS within 12 months from the effective date of this article. Notwithstanding the foregoing, if a property owner can provide proof to the Borough that such OLDS had septage removed from its tank within the twenty-four-month period preceding the effective date of this article, the OLDS will not have to have septage removed within 12 months from the effective date of this article and the date of the removal of the septage shall be considered the date of initial maintenance for the purpose of § 315-18 herein.
The date upon which any OLDS has septage removed in accordance with § 315-18 herein shall be considered the date of initial maintenance. All OLDS shall have septage removed in accordance with this section within three years from the date of initial maintenance. The OLDS shall continue to have septage removed from the tank within three years from the date of the last removal of the septage as long as the OLDS continues to be used for sewage disposal.
Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.
Following any operation and maintenance recommendations of the manufacturer of the OLDS.
Eliminating all items which could interfere with functioning of the OLDS from the waste stream deposited to the OLDS, including but not limited to oils and grease, pesticides, paints and thinners, and disposable products such as diapers.
Any person who owns a lot upon which an OLDS is installed, any person who resides a lot upon which an OLDS is installed and any septage hauler pumping out or otherwise maintaining an OLDS shall report any malfunctioning of such OLDS to the Borough. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
Any person who owns a lot upon which an OLDS is installed shall arrange for the inspection and maintenance of such OLDS at least once every three years. Each septage hauler who performs maintenance upon an OLDS within the Borough, including but not limited to pumping out the OLDS, shall inspect the OLDS and shall file a manifest with the Borough for each OLDS serviced within the Borough. The septage hauler and the person who owns the lot upon which the OLDS is installed shall be jointly responsible for insuring the manifest is filed with the Borough.
No person shall repair, replace, modify or alter an OLDS unless such person obtains a permit from the Sewage Enforcement Officer. All repairs, replacements, modifications or alterations shall be in accordance with Department regulations.
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
To repair, modify or alter an individual OLDS without obtaining a permit or in a manner that violates the terms and conditions of any permit.
To install an individual OLDS except as a replacement for a malfunctioning OLDS after obtaining all necessary permits.
To misuse or fail to maintain an individual OLDS, including, but not limited to, the failure to have the OLDS pumped at least once every three years in accordance with § 315-19A.
To fail to report a malfunctioning individual OLDS.
To fail to remedy a malfunctioning individual OLDS.
To place false information on or omit relevant information from an application from a permit.
To occupy or permit the occupancy of any structure served by an individual OLDS for which a valid permit has not been obtained as required by this article.
To fail to file a manifest with the Borough after maintenance of an OLDS.
To fail to comply with any other provision of this article.
Any person who has violated or permitted the violation of any provision of this article shall, upon summary conviction, pay a fine of not less than $100 and not more than $1,000, plus all court costs recoverable by law, including to the extent allowed by law the reasonable attorneys fees and fees of the Sewage Enforcement Officer incurred by the Borough as a result thereof. Each day the violation continues shall constitute a separate violation and each section violated constitutes a separate violation.
In case any lot is maintained in violation of this article, or any OLDS is not properly maintained or the malfunction of any OLDS is not reported to the Borough, in addition to the other remedies provided by law, any appropriate action or proceedings in equity may be instituted or taken to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS.
Failure to maintain an OLDS system jeopardizes the water quality and other natural resources of the Borough. This harm to the water quality and other natural resources of the Borough is a danger to the health, safety and welfare of the residents of the Borough and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the Borough Code, Act of February 1, 1966, P.L. 581, as amended and reenacted by the Act of May 17, 2012, 8 Pa.C.S.A. § 1202(4). The actual expenses of the Borough in the abatement of such nuisances plus an additional 10% of such expenses shall be filed as a municipal claim against the property.
Although this article is intended to provide guidelines for the maintenance and repair of OLDS, nothing contained herein shall be interpreted as a guarantee or warranty to applicants or other Borough residents that systems maintained or repaired under the provisions of this article will function as intended. The Borough assumes no responsibility for the maintenance and/or repair of OLDS within the Borough.
The provisions of this article are severable, and if any section, sentence, clause, or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Borough Council that this article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
This article shall take effect from and after January 1, 2013, as provided by law.