[Adopted 3-17-2009 by Ord. No. 1-09]
The Township reaffirms the delegation to the Washington County Sewage Council to administer the requirements of Act 537 and the Township ordinances governing all aspects of on-lot sewage collection, treatment and discharge.
As used in this article, the following terms shall have the meanings indicated:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 53 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act."
ALTERNATE ON-LOT SEWAGE SYSTEMS
Any on-lot sewage system so designated as an alternate type by the Department of Environmental Protection.
AUTHORIZED AGENT
A certified Sewage Enforcement Officer, Code Enforcement Officer, professional engineer, plumbing inspector, municipal secretary, or any other qualified or licensed person who is delegated by the municipality to function within the specified limits as the agent of the municipality to carry out the provisions of this article.
BOARD
The Cross Creek Township Board of Supervisors, Washington County, Pennsylvania.
CODE ENFORCEMENT OFFICER (CEO)
An individual employed by or in place as an independent contractor by the municipality to administer and enforce other ordinances in the municipality.
COMMUNITY ON-LOT SEWAGE SYSTEM
Any system, whether publicly or privately owned, for collection of sewage from two or more residences or commercial buildings, and the treatment and/or disposal of the sewage on one or more lots or at any other site.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and a single residence or commercial building and collecting and disposing of sewage in whole or part into the soil or into any waters of the commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system or holding tank 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 system, or otherwise causes a nuisance hazard to the public health or pollution of groundwater or surface water or contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any of the conditions noted above occur for any length of time during any period of the year.
MARGINAL SOIL CONDITIONS
Anytime the Municipality's Sewage Enforcement Officer determines a parcel or lot as having marginal soils after properly testing said parcel or lot.
MUNICIPALITY
Cross Creek Township, Washington County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage disposal systems, adopted by the municipality and approved by the Department of Environmental Protection, as described in and required by the Pennsylvania Sewage Facilities Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of sewage involving pretreatment and subsequent disposal of the clarified sewage into the soil for final treatment and disposal, including both individual and community sewage systems, including, but not limited to, drip irrigation, AB soil and community systems and any other currently DEP-approved sewage disposal systems or which may be approved by DEP in the future it being the intent of this article to address all such systems.
PERSON
An individual, association, public or private corporation for-profit or not-for-profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term shall include the members of an association, partnership or firm, and the officers of any local agency or municipality, public or private corporation for-profit or not-for-profit.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
SEWAGE
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 animal 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),[1] known as the "Clean Streams Law," as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
The designated official of the municipality certified by the Commonwealth of Pennsylvania, who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement Act 537 and the rules and regulations promulgated thereunder which includes the WCSC/Council.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of a municipality for which a sewage management program is recommended by the municipality's adopted Act 537 Official Sewage Facilities Plan. A sewage management district may, or may not, encompass the entire municipality.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this article and other administrative requirements adopted by the municipality to effectively enforce and administer this article.
WASHINGTON COUNTY SEWAGE COUNCIL (WCSC)
The Washington County Sewage Council, an intergovernmental cooperative organization which provides certain services to member municipalities.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
From the effective date of this article, its provisions shall apply to the entire area of the municipality.
A. 
Any supplements, revisions or exemptions to the municipality's Official Sewage Facilities Plan which are prepared pursuant to the applicable regulations of the Pennsylvania Department of Environmental Protection for subdivision or development of land with marginal soils within the municipality shall provide for the testing, identification, and reservation of an area of each lot or developed property suitable for the installation of a replacement on-lot sewage disposal system. This requirement is in addition to the testing, identification and reservation of an area for the primary sewage disposal system.
B. 
No permit shall be issued for any proposed on-lot sewage disposal system on any newly created or subdivided property in any sewage management district that has any lots designated as marginal soils unless and until a replacement area is approved, identified and reserved for the lots with the marginal soils designation. The replacement area must be identified on the land survey at the time of subdivision approval.
This § 233-38 is only when the Township revises its Official Sewage Facilities Plan and is only applicable to the area or areas affected by such revision.
A. 
Any on-lot sewage disposal system may be inspected by the municipality's authorized agent at any reasonable time as of the effective date of this article.
B. 
The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of the wastewater generated in the structure.
C. 
The municipality's authorized agent shall have the right to enter upon land for purpose of inspection described above.
D. 
An initial inspection shall be conducted by the municipality's authorized agent within one year of the effective date of this article for the purpose of determining the type and functional status of each on-lot sewage disposal system in the sewage management district. A written report shall be furnished to the owner of each property inspected as evidence of said inspection and a copy of said report shall be maintained in the municipal records.
E. 
A schedule of routine inspections may be established by the municipality, if necessary, to assure the proper function of the on-lot sewage disposal systems in the sewage management district.
F. 
The municipality and its authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the municipality and its authorized agent shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the authorized agent and a representative of DEP, then action by the property owner to mitigate the malfunction shall be required.
G. 
There may arise geographic areas within the municipality where numerous on-lot sewage systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a municipality-sponsored revision to the area's Act 537 Official Sewage Facilities Plan. When a DEP authorized Official Sewage Facilities Plan revision has been undertaken by the municipality, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the proposal area may be delayed, at the discretion of the municipality, pending the outcome of the plan revision process. However, the municipality may compel immediate corrective action whenever a malfunction, as determined by the municipal officials and DEP, represents a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot sewage disposal 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, paints, paint thinners, herbicides, gasoline and other solvents; or
D. 
Clean surface or groundwater, including water from roof or cellar drains, springs, basement sump pumps and French drains.
A. 
The provisions of this article are not applicable to conventional leech field and sand mound sewage systems.
B. 
The provisions of this article are applicable to all new alternate systems currently listed in the DEP Alternate Systems Guidance Manual as well as other alternate on-lot systems subsequently approved by the Pennsylvania Department of Environmental Protection (DEP).
C. 
The provisions of this article are applicable to community on-lot disposal systems, small stream discharge systems and holding tanks.
D. 
The provisions of this article are applicable to on-lot disposal systems located in subdivisions with marginal soil conditions for long term use of on-lot sewage disposal.
E. 
The WCSC shall prepare and approve by resolution, rules, regulations and requirements for on-lot sewage disposal systems applicable to this article including permitting approval and maintenance of said systems.
F. 
In order to have a permit issued for a new on-lot sewage disposal system covered by this article, the property owner must post a bond and/or security when required as acceptable by the municipality and in the amount set by the municipality at the time the permit is to be issued.
A. 
Any person failing to comply with any provisions of this article shall be subject to a fine of not less than $300 and costs and not more than $500 and costs or, in default thereof, shall be confined in the County Jail for a period of not more than 30 days. Each day of noncompliance shall constitute a separate offense.
B. 
The penalty for actual malfunctions of any on-lot sewage disposal system will come under the rules and regulations of 25 Pa. Code § 73.11(c), and 35 P.S. § 750.14, Nuisances, and 35 P.S. § 750.13, Penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article.