This article shall be known and may be cited as the "Quarryville
Borough On-Lot Sewage Disposal System Ordinance."
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.
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:
A. 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.
(1) 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.
(2) 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.
B. 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.
C. Following any operation and maintenance recommendations of the manufacturer
of the OLDS.
D. 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.
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.