[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."
A.
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.
B.
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.
A.
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.
B.
ACT
BOROUGH
COUNCIL
DEPARTMENT
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
LOT
MALFUNCTION
MANIFEST
PERMIT
PERSON
SEPTAGE HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
Definitions.
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.
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.
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.[1]
The Sewage Enforcement Officer of the Borough.
[1]
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:
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.
A.
It shall be a violation of this article to commit or permit any other
person to commit any of the following acts:
(1)
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.
(2)
To install an individual OLDS except as a replacement for a malfunctioning
OLDS after obtaining all necessary permits.
(3)
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.
(4)
To fail to report a malfunctioning individual OLDS.
(5)
To fail to remedy a malfunctioning individual OLDS.
(6)
To place false information on or omit relevant information from an
application from a permit.
(7)
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.
(8)
To fail to file a manifest with the Borough after maintenance of
an OLDS.
(9)
To fail to comply with any other provision of this article.
B.
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.
