From the effective date of this article, the provisions of this
article shall apply to all portions of the Township served by individual
sewage systems. Within such an area or areas, the provisions of this
article shall apply to all persons owning any property serviced by
an individual sewage system and to all persons installing or rehabilitating
such sewage systems.
The Township, upon written notice from the Chester County Health
Department that an imminent health hazard exists due to failure of
the property owner to maintain an individual on-lot sewage system,
shall immediately notify the property owner in writing of the determination.
The property owner shall within five working days act to obtain a
permit and promptly commence and complete construction per the agreed
timeline with the Chester County Health Department and the Township.
If the property owner fails to meet the agreed schedule, the Township
shall have the authority to perform, or contract to have performed,
the work required. The property owner shall be charged for the work
performed and, if necessary, a lien shall be entered therefore in
accordance with the Municipal Claims and Tax Liens Act, 53 P.S. § 7101
et seq.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Upper Uwchlan Township
Municipal Authority, who is the designated agent of the Board of Supervisors
to hear such appeals. Such appeal shall be made in writing within
45 days from the date of written notification of the action being
appealed. The appellant shall be entitled to a hearing before the
Municipal Authority at its next regularly scheduled meeting, if a
written appeal is received at least seven days prior to that meeting.
If the appeal is received within seven days of the next regularly
scheduled meeting, the appeal shall be heard at the next regularly
scheduled meeting unless another mutually agreed date is selected.
Both the appellant and the Municipal Authority may have technical
and/or legal representation if desired. The Municipal Authority shall
thereafter affirm, modify, or reverse the aforesaid decision. The
hearing may be postponed for a good cause shown by the appellant or
the Municipal Authority. Additional evidence may be introduced at
the hearing provided that it is submitted with the written notice
of appeal. A decision shall be rendered in writing within two regularly
scheduled meetings of the Upper Uwchlan Township Municipal Authority.
In the event an appeal is requested with respect to a Chester County
Health Department-designated "imminent health hazard," the property
owner and Municipal Authority shall work together to hold a hearing
and render a decision within the timelines required for property owner
action under this article.
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
ABSORPTION AREA
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil. It consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
ACT 537 PLAN
A Municipality's Official Plan as defined in the Pennsylvania
Sewage Facilities Act, as of January 24, 1966, P.L. 1535 (1965), No.
537, as amended, 35 P.S. §§ 750.1 to 750.20a ("Sewage
Facilities Act" or "Act 537").
AUTHORIZED AGENT
A certified Sewage Enforcement Officer (SEO), professional
engineer or sanitarian, plumbing inspector, soils scientist, water
quality coordinator, Chester County Health Department-licensed liquid
waste hauler or any other person who is designated to carry out the
provisions of this article as the agent of the Board or Chester County
Health Department.
BOARD
The Board of Supervisors of Upper Uwchlan Township, Chester
County, Pennsylvania.
BUILDING SEWER
The piping carrying liquid wastes, from a building to the
treatment tank, holding tank, grinder pump tank, or retaining tank.
CERTIFIED INSPECTOR
A person who has obtained a certification from the Pennsylvania
Sewage Management Association to inspect on-lot sewage disposal systems.
CLEANOUT
A component of a sewage facility that provides access for
inspection and cleaning the building sewer or other pipes.
DEP/THE DEPARTMENT
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
DISTRIBUTION BOX
A tank with one inlet that provides equal distribution of
effluent from a treatment tank through two or more outlets.
DOMESTIC SEWAGE
Sewage derived principally from dwellings, business buildings,
institutions and the like, and may not contain groundwater, surface
water or stormwater.
EFFLUENT
A liquid waste discharged from a sewage system or component
of a sewage system.
IMPROVED PROPERTY
Any property or lot within the Township upon which there
is an erected structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
INDIVIDUAL SEWAGE SYSTEM
A sewage facility and all of its components serving a single
lot. Individual sewage systems include the following:
A.
Individual on-lot sewage systems rely on a subsurface absorption
or surface infiltration system for the renovation of sewage through
native soils prior to disposal or the retention of sewage in a retaining
tank. Individual on-lot sewage systems are permitted through the Chester
County Health Department and include but are not limited to the following
systems defined by 25 Pa. Code § 73.1:
(1)
Conventional sewage systems;
(2)
Alternate sewage systems;
(3)
Experimental sewage systems;
(5)
Individual residential spray irrigation systems;
(6)
Retaining tanks/holding tanks; and
B.
Individual sewerage systems rely on other means than native
soils to renovate sewage prior to disposal or retention in a retaining
tank. Individual sewerage systems include but are not limited to the
following:
(2)
PRESSURE SEWER CONNECTIONSWhere the building sewer is connected to a tank containing a pump which conveys sewage through a pressure sewer to either a gravity or pressure service lateral of a community sewage facility; and
(3)
SMALL-FLOW TREATMENT FACILITIESAn individual sewerage system permitted by the DEP that is designed to adequately treat sewage flows no greater than 2,000 gallons per day with final disposal to surface waters, a dry stream channel, or stormwater collection system.
INDUSTRIAL WASTE
Any solid, liquid or gaseous substance or waterborne wastes
or form of energy rejected or escaping from any industrial, manufacturing,
trade or business process or from the development, recovery or processing
of natural resources, as distinct from domestic sanitary sewage.
INSPECTION PORT
A component of a sewage facility that provides sufficient
access for the inspection of the contents of a tank.
MAINTENANCE
Those actions required to provide for the long-term proper
functioning of a sewage facility.
MALFUNCTION
The condition which occurs when an individual on-lot sewage
system fails to function in the expected or satisfactory manner per
normal mode of operation.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board of Supervisors and approved
by the Pennsylvania Department of Environmental Protection, pursuant
to the Pennsylvania Sewage Facilities Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank. For purposes of this article,
the term only refers to individual sewage systems.
PERSON
Any 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 "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or exception to the revision of, the Official
Plan, submitted in accordance with DEP regulations, and in connection
with the request for approval of a subdivision or land development
plan.
PRIMARY AREA
An area on a lot, tract or parcel of land that has been tested
by the Sewage Enforcement Officer and found suitable, based upon the
then-current DEP site requirements, for the installation of an individual
on-lot sewage system, and which will be preserved and protected from
alteration for installation of the initial individual on-lot sewage
system for sewage generated on that lot, tract, or parcel (see "replacement
area").
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
PUMP TANK
A tank or chamber or pump that receives and temporarily stores
sewage or partially treated sewage from which it is pumped or dosed.
Pump tanks include:
A.
EFFLUENT PUMP TANKA tank that receives septic tank effluent or partially treated sewage and conveys the liquid portion of the wastewater to absorption system or other component of a sewage facility. Effluent pumps also include: dosing pumps, lift pumps, dosing siphons, and other specialized discharge control mechanisms; and
B.
GRINDER PUMP TANKA tank that receives domestic sewage and contains a pump that macerates waste solids prior to ejection.
PUMPER/HAULER BUSINESS
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a community or
individual on-lot sewer system and evacuates and transports the septage
cleaned therefrom, whether for a fee or free of charge. Said pumper/hauler
business shall be licensed by the Chester County Department of Health
and shall provide said Department with a record of each pumping of
on-lot sewage disposal systems in the Township.
PUMPER/HAULER TRUCK OPERATOR
A natural person who engages in cleaning any or all components
of a community or individual on-lot sewage system and evacuates and
transports the septage cleaned therefrom, whether for a fee or free
of charge.
PUMPERS REPORT/RECEIPT
Chester County Sludge/Septage Manifest and Report (Manifest)
Form which shall be used by all licensed pumpers/haulers to report
each pumping of on-lot sewage disposal systems in the Township.
REGULATIONS
The Pennsylvania Code, Title 25, Chapters
71, 72 and 73.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
REPLACEMENT AREA
An area on a lot, tract, or parcel of land, separate from
the primary area, that has been tested by the Sewage Enforcement Officer
and found suitable, based upon the then-current DEP site requirements,
for the installation of an on-lot system, and which will be preserved
and protected from alteration for potential future use if the primary
area on the same lot, tract, or parcel shall fail for any reason (see
"primary area").
RESPONSIBLE MANAGEMENT ENTITY or RME
An individual, firm or corporation experienced in the operation
and maintenance of sewage facilities, who is a licensed pumper/hauler
business with the Chester County Health Department and/or a Pennsylvania
Sewage Management Association certified inspector. RMEs may also include
through a general oversight agreement with the Township such entities
as municipal authorities, investor-owned public utility companies
and homeowner associations.
RETAINING TANK
A tank that retains sewage and is designed and constructed
to facilitate ultimate disposal of the sewage to another site. Retaining
tanks include:
A.
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in a retaining tank for odor control.
B.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system. Said tank is part of a closed system which does not discharge to the ground.
C.
PRIVYA tank designed to receive sewage where water under pressure is not available.
E.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
F.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEPTAGE
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
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 substance 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 any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1
to 691.1001, as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the State Board for the Certification of Sewage Enforcement Officers, who is employed by the Township or Chester County Health Department (CCHD) to administer the provisions of this article, the provisions of the Act, and the regulations in Pa. Code Title 25, Chapters
71, 72 and 73.
SEWAGE FACILITY
An all-inclusive term for a sewage collection, conveyance,
treatment, and disposal system.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board of Supervisors as an area
for which a Sewage Management program is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder and such other
requirements adopted by the Board of Supervisors to effectively enforce
and administer this article.
SEWER SYSTEM
A system of pipes that collect sewage from several improved
properties. "Sewer systems" include pressure and gravity sewer systems
or any combination of both.
SUBDIVISION
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
SYSTEM FAILURE
The condition in which one or more malfunctions results in
pollution to the ground or surface waters, contamination of private
or public drinking water supplies, nuisance problems or a hazard to
public health.
TANK
A water-tight receptacle which liquids pass through or are
retained in.
TANK ACCESS COVER
A component of a sewage facility that provides access for
inspection, cleaning and maintenance of the internal components of
a tank.
TOWNSHIP
Upper Uwchlan Township, Chester County, Pennsylvania.
TREATMENT TANK
A tank designed to provide a suitable environment for the
bacterial decomposition or disinfection of sewage. Treatment tanks
include:
A.
SEPTIC TANKA treatment tank or compartment of another tank that provides for the anaerobic decomposition and the physical separation of solids in sewage.
B.
AEROBIC SEWAGE TREATMENT TANKA treatment tank or compartment of another tank that provides for the aerobic biochemical stabilization of solids in sewage.
C.
FILTER TANKA treatment tank or compartment of another tank that contains a media to which microorganisms attach and provide a suitable environment for the biochemical stabilization of solids in sewage.
D.
CHLORINE CONTACT TANKA treatment tank or compartment of another tank that provides a suitable environment for the disinfection of effluent.