[HISTORY: Adopted by the Board of Supervisors of Edgmont
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-19-1999 by Ord. No. 154]
A.Â
The Board of Supervisors of Edgmont Township recognizes that there
are few opportunities in the Edgmont Township for public or community
sewerage facilities to serve the residents of Edgmont Township. In
an effort to address the potential failure of on-lot sewerage facilities
within the municipal boundaries of the Township, the Board of Supervisors
has determined that certain measures are necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of the Township.
B.Â
The Board of Supervisors desires to establish procedures for the
use and maintenance of retaining tanks designed to receive and retain
sewage, whether from residential or commercial property uses, when
the property owner adequately demonstrates that no other viable alternative
means of sewage disposal is available to the property. It is specifically
intended that such retaining tanks are temporary in nature and permitted
only as specifically approved by the Board of Supervisors as part
of a plan providing a more permanent solution of sewage disposal.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the municipal boundaries
of Edgmont Township.
Any individual, partnership, company, association, corporation
or other group or entity.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage and is designed and constructed
to facilitate the ultimate disposal of the sewage at another site.
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 Stream Law,[1] as amended.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The use of a retaining tank may be permitted by the Board of
Supervisors, provided that the following minimum criteria are met:
A.Â
The property owner shall provide evidence to the Township that the
on-lot septic system which serves the property has failed and that
no other viable alternative means of sewage collection and disposal
are available to the property.
B.Â
The property is otherwise suitable for a retaining tank, and the
use, if approved, will be susceptible to regulation or restriction
by appropriate conditions and safeguards, including but not limited
to audible and visual warning devices (visible from street level)
to indicate when the retaining tank is within 75% of its capacity.
In addition, for retaining tanks with a capacity of 10,000 gallons
or more, an automated alarm system shall be installed to contact the
approved sewage disposal contractor when the retaining tank is 2/3
full.
C.Â
The retaining tank shall be constructed and maintained in conformance
with the provisions of Title 25 of the Pennsylvania Code, as may be
amended and supplemented from time to time.
D.Â
The use of a retaining tank will serve as a temporary measure, only
until a suitable alternative method of sewage disposal is available
to the property.
E.Â
The use of a retaining tank will serve the best interests of the
Township, the convenience of the community, where applicable, and
the public health, safety and general welfare and/or will serve to
abate a nuisance or public health hazard.
F.Â
The tank shall be installed below grade.
The Board of Supervisors of Edgmont Township is authorized and
empowered to undertake within the Township the control and methods
of retaining tank use, sewage disposal and sewage collection and transportation
thereof.
That the Board of Supervisors is hereby authorized and empowered
to adopt such rules and regulations concerning sewage which it may
deem necessary from time to time to effect the purposes herein, including
but not limited to requiring the posting of financial security and
execution of a written maintenance agreement by the property owner.
All such rules and regulations adopted by the Board of Supervisors
shall be in conformity with the provisions herein, all other ordinances
of the Township, and all applicable laws and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Board of Supervisors shall have the right and power to fix,
alter, charge and collect rates, assessments, and other charges in
the area served by its facilities at reasonable and uniform rates
as authorized by applicable law, all of which may be amended by resolution
from time to time.
A.Â
The collection and transportation of all sewage from any property
utilizing a retaining tank shall be done only by an approved sewage
disposal contractor, and the disposal thereof shall be made only at
such site or sites as may be approved by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
B.Â
The Board of Supervisors or its authorized agent shall receive, review
and retain pumping receipts from permitted retaining tanks, which
shall be provided by the property owner or the approved sewage disposal
contractor within five days of the date the retaining tank was pumped.
C.Â
The Board of Supervisors or its authorized agent shall receive, review
and retain annual inspection reports for each permitted retaining
tank, which shall be provided by the property owner.
The owner of a property that utilizes a retaining tank shall:
A.Â
Provide for the use of a retaining tank only as a temporary, interim
receptacle for the disposal of sewage as part of an overall more permanent
sewage disposal plan.
B.Â
Install and maintain the retaining tank in conformance with this
or any ordinance of this Township, the provisions of any applicable
law, and the rules and regulations of the Board of Supervisors and
any administrative agency of the Commonwealth of Pennsylvania.
C.Â
Require an approved sewage disposal contractor to inspect the retaining
tank(s) on an annual basis and provide a written report of the inspection,
which shall also be provided to the Township.
D.Â
Permit only an approved sewage disposal contractor to collect, transport,
and dispose of the contents therein.
E.Â
Submit to the Township, on an annual basis, an executed contract
for the maintenance of the retaining tank with an approved sewage
disposal contractor. Such contract shall be renewed or replaced and
kept in full force and effect during the entire period in which a
retaining tank is utilized. Failure to maintain such a contract or
submit the contract to the Township shall cause an immediate revocation
of the retaining tank permit.
F.Â
At the time the permanent system is operational, fill the retaining
tank with an approved material, remove and properly dispose of the
tank or, with the permission of the Township, incorporate the tank
in the permanent system.
G.Â
Submit to the Township for its review and retention all pumping receipts.
Any person desiring to own, construct, operate or maintain a
retaining tank shall file an application therefor with the Township,
together with all plans (including, but not limited to, planning modules
and site plan) and other materials necessary to demonstrate compliance
with all of the provisions of this article. Upon approval by the Township,
the application shall be forwarded to the Department of Environmental
Protection of the Commonwealth of Pennsylvania, if appropriate, which
shall, if it finds the application, plans and approvals to be in accordance
with this article, process the application in accordance with the
regulations administered by the Department of Environmental Protection
and, upon approval, issue permits.
The Township shall retain the right, but not the obligation,
to undertake any of the duties or responsibilities of the property
owner hereunder in the event that the property owner fails to comply
with any of the provisions of this article. Any costs, including reasonable
attorneys' fees, incurred by the Township shall be chargeable against
the property owner, and the Township may place a municipal lien against
the property for such amounts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person failing to comply with the provisions of this article
shall be subject to the summary offense penalties of 35 P.S. § 750.13
and, in addition thereto, may be subject to the civil penalties of
35 P.S. § 750.13a. Each day of noncompliance shall constitute
a separate offense.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and shall
be abated by the Township by either seeking mitigation of the nuisance
or appropriate equitable or legal relief from a court of competent
jurisdiction.
[Adopted 12-10-2014 by Ord. No. 227]
This article shall be known and may be referred to as the "Edgmont
Township Public Sewer Ordinance."
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
A property which was at the effective date this article considered
in the capacity count for connection to the public sewer system pursuant
to the Township's then Official Sewage Facilities Plan.
The extension from the sewage drainage system of any structure
to the lateral of the public sewer system.
A cleanout on the building sewer just inside the building
wall or outside of the building through which the sewer may be cleaned.
A device, fitting or assembly of fittings installed on the
building drain to prevent circulation of air between the drainage
system of the building and the building sewer.
Closed-circuit television.
Any building intended to be used wholly or in part for the
purposes of carrying on a trade, business or profession or for social,
amusement, religious, educational, charitable or public uses.
The Delaware County Regional Water Quality Control Authority.
The Pennsylvania Department of Environmental Protection.
The normal wastewater-carrying household and toilet wastes
from residences, business buildings, institutions, and commercial
and industrial establishments.
A direct connection leading from the building trap to the
outer air.
A system that shall intercept grease from wastewater discharge
of drainage fixtures and equipment prior to the wastewater entering
the drainage system.
Any water other than sewage, including, but not limited to,
stormwater, surface water, spring water, groundwater, roof runoff,
subsurface drainage, building foundation drainage, cellar/basement
drainage, air-conditioner or dehumidifier drainage, swimming pool
drainage, pond drainage, and drainage from roof leader connections,
that is discharged into the public sewer system.
Any property (including individual dwellings within a multi-dwelling
building) located within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sanitary
sewage and/or industrial wastes shall be or may be discharged. Improved
property may also include an approved property for which permits and
approvals have been issued by the Township for the erection of a structure
intended for continuous or periodic habitation, occupancy or use by
human beings or animals and from which structure sanitary sewage and/or
industrial wastes shall be or may be discharged.
Any building intended to be used wholly or in part for the
manufacturing, fabricating, processing, cleaning, laundering or assembly
of any product, commodity or article.
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. Industrial
sewage to be treated by owner to domestic sanitary sewage.
That part of the public sewer system extending from a sewer
to the road right-of-way line or in a sewer right-of-way to the limit
of that right-of-way or, if no such lateral shall be provided, then
"lateral" shall mean that portion of or place in the public sewer
system which is provided for connection of any building sewer.
Any person vested with ownership legal or equitable, sole
or partial, of any property served directly or indirectly, by the
public sewer system.
Any structure intended to be occupied as a whole by one family
or an apartment intended to be occupied by one family or any other
one-family living unit.
All facilities owned and operated by DELCORA, under agreement
with the Township, for the collection, transportation, treatment or
disposal of sanitary sewage.
Includes any privy vault, cesspool, sinkhole, septic tank
or similar receptacle used for the collection of wastewater as part
of an on-lot or other similar private sewage disposal system.
All water or combination of liquid and water-carried solid,
biosolids or solid waste conducted away from any dwellings, residences,
business buildings, institutions, unit, firm, association, organization,
public corporation, political subdivision which is domestic sanitary
sewage, together with industrial wastes.
The Township of Edgmont, Delaware County, Pennsylvania.
A.Â
Duty to connect. Subject to the terms of this article, the owner
of any improved property located within Edgmont Township, adjoining
or adjacent to, or whose principal building(s) is/are within 250 feet
of a public sewer system line(s) or lateral(s) shall connect with
and use the public sewer system in such manner as the Township may
require within 90 days after notice to such owner from the Township,
to make such connection, for the purpose of discharge of all sewage
from such improved property. When connection is required as set forth
in this article, the Township shall provide notice to the owner as
follows:
(1)Â
The notice to an owner by the Township to make a connection to the
public sewer system shall consist of a written or printed document
or letter addressed to the record owner of the improved property requiring
connection and shall specify that such connection shall be made within
90 days from the date of the notice.
(2)Â
Such notice may be issued at any time after the public sewer system
is in service to receive and convey sewage for treatment and disposal
from the particular improved property.
(3)Â
Such notice shall be served upon the owner either by personal service
or by registered mail or by such method as at the time may be provided
by state law.
B.Â
Exemption from connection.
(1)Â
Any residential owner who is directed to connect to the public sewer
system may, within 30 days of receipt of the notice to connect, apply
in writing to the Board of Supervisors for permission to delay the
required connection, if the owner can provide evidence that the owner
has installed (or caused to be installed) a new, working, on-lot septic
system for the improved property within the sixty-month period immediately
prior to the date of the notice to connect. The request shall be accompanied
by the appropriate application fee established by the Board of Supervisors,
from time to time, by resolution. The exemption provisions of this
section shall not apply to:
(2)Â
The Board of Supervisors will, upon receipt of a written request
for a delay in connecting to the public sewer system filed within
30 days of an owner's receipt of the notice to connect, promptly schedule
a public hearing to consider the owner's request.
(3)Â
The Board of Supervisors may, by majority vote, within 45 days following
the close of the public hearing, grant, grant with conditions or deny,
the owner's request to delay the mandatory connection to the public
sewer system referred to above for a specified period of time, not
to exceed the sooner to occur of:
(a)Â
The difference in time (measured in months and rounded down)
between the date of installation of the new septic system and 48 months;
or
(4)Â
Any owner who is granted an exemption under this section shall still
be required to pay, when due, all assessments and other fees charged
or assessed against the improved property for the installation and
availability of the public sewer system serving the improved property.
(5)Â
Any owner not granted an exemption under this section shall make
connection to the public sewer system within 45 days following the
date of the determination of the Board of Supervisors under this section,
and shall pay, when due, all assessments and other fees charged or
assessed against the improved property for the installation and availability
of the public sewer system serving the improved property.
(6)Â
Any property, including an approved property, not improved with a
habitable or occupiable structure on the effective date of this article
shall not be connected to nor use the public sewer system until notified
by or otherwise authorized by the Township, in writing, to do so.
At the time of such approval, the owner shall pay to the Township
the then-applicable fees in effect and shall also obtain the permits
required by this article.
A.Â
Fees. No person shall make or cause to be made a connection of any
improved property to the public sewer system until such person shall
have paid any and all connection fees and charges imposed or established
for the connection to the public sewer system.
B.Â
Permit required. Every owner required to connect to the public sewer
system under this article shall obtain a permit from the Township
prior to the connection to or use of the public sewer system, in accordance
with the following:
(1)Â
No person shall uncover, connect with, make any opening into or use,
alter or disturb, in any manner, any part of the public sewer system
without first making application for and securing a permit from the
Township.
(2)Â
Application for a permit shall be made by the owner of the improved
property or by his duly authorized agent on a form provided by the
Township. A sketch plan of the location of the on-site system, including
all septic tanks to be abandoned, shall be prepared by the owner and
submitted to the Township at the time of and as part of the application.
(3)Â
Required permits for work performed within the rights-of-way of all
public roads, including state highways, must be obtained from the
responsible jurisdiction prior to commencement of work in connection
with the installation or repair of any building sewer.
(4)Â
All costs and expenses of construction of a building sewer and all
costs and expenses of connection of a building sewer to the public
sewer system shall be borne by the owner of the improved property
to be connected, and such owner shall indemnify and save harmless
the Township and DELCORA from all loss or damage that may be occasioned,
directly or indirectly, as a result of construction of a building
sewer or of connection of a building sewer to the public sewer system.
C.Â
Plumber/contractor registration. Any person hired, contracted with
or otherwise used to make any connection to the public sewer system
shall be a licensed, registered plumber or contractor in the Commonwealth
of Pennsylvania who is also registered with the Township when required.
D.Â
Arrangements for connection. No person shall make or cause to be
made a connection of any improved property to the public sewer system
until such person shall have received a permit from the Township and
shall have given the Township at least 48 hours' notice, during normal
Township business hours, of the time when such connection will be
made so that the Township may inspect the work of connection and witness
necessary testing.
A.Â
General connection requirements. All connections of any improved
property to the public sewer system shall be in accordance with provisions
of this article, as set forth below:
(1)Â
At the time an improved property served by a septic tank is permitted
to connect to the public sewer system, the owner of such improved
property shall break the building drain from the existing septic system
and shall use the proper fittings needed to continue the building
drain as a building sewer. When required by the Township, a CCTV inspection
of the building sewer shall be performed by the owner in the presence
of the Township to ascertain its integrity for connection to the public
sewer system. If the inspection of the building sewer or the review
of a required CCTV inspection report reveals that the building sewer
is damaged or in need of repair, as determined solely by the Township,
it shall be replaced prior to connection to or use of the public sewer
system.
(2)Â
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expense of the owner of the improved property being
connected, in a manner satisfactory to this Township.
(3)Â
A building sewer shall be connected to the public sewer system only
at the place where the lateral is provided or as otherwise designated
by the Township and only in accordance with this article.
(4)Â
The invert of a building sewer at the point of connection shall be
at a higher elevation than the invert of the sewer. A smooth, neat
joint shall be made and the connection of a building sewer to the
lateral shall be made secure and watertight. If elevations prevent
gravity flow, the owner must furnish, install and maintain pumping
system satisfactory to the Township and as defined in this article
at the owner's expense.
(5)Â
Special requirements necessitated by physical conditions encountered
or imposed on the building sewer shall be constructed to the satisfaction
of the Township. The Township specifically reserves the right to refuse
a permit to connect to its sewer system whenever, in the opinion of
the Township Engineer or other duly authorized representative of the
Township, special conditions require additional safeguards, or observation
of more stringent specifications.
(6)Â
No building sewer shall be covered until it has been inspected and
approved by the Township. If any part of a building sewer is covered
before so being inspected and approved, it shall be uncovered for
inspection at the cost and expense of the owner of the improved property
to be connected to a sewer.
(7)Â
A separate permit to connect to the public sewer system will be required
for each and every building (including dwellings located within a
multidwelling building), except as set forth herein.
(8)Â
A single building sewer may be provided for a school, apartment building,
commercial use, or other multiunit structure where the entire building
is held in single ownership. If the Township determines it to be impractical
to provide separate connections, a single or joint connection may
be authorized for more than one improved property.
(9)Â
When connection is to be made to an existing building sewer, such
connection must be made on the building side of the septic tank/cesspool
serving the building. No cap, stopper or plug shall be removed or
punctured until permission has been granted by the Township, in writing.
(10)Â
The contractor shall determine the difference in grade between
the points of connection. If a minimum grade of 1/4 inch, or a maximum
grade of one inch per foot is obtained, permission will be granted
to proceed. Permission to use a minimum gradient of 1/8 inch per foot
may be granted by the Township in special circumstances. An appropriate
notation shall be made on the permit form if 1/8 inch per foot is
used. Under no circumstances is the trench to be dug before it is
determined that the minimum fall can be obtained.
(11)Â
Piping installations from the building sewer to the building
drain shall be constructed of any one of the following materials:
(a)Â
Extra-heavy cast-iron soil pipe conforming to American Standards
Association and ASTM Standards, latest revisions, together with neoprene
gaskets. The gaskets must be made to conform to the particular brand
of pipe being used and conform to ASTM C564, latest revision. All
joints shall be made in accordance with the pipe manufacturer's instructions.
(b)Â
In specific areas of marshy ground, or filled-in ground, wet
or bad ground and under all driveways, the use of extra-heavy cast-iron
pipe will be required.
(c)Â
PVC. Only Ring-Tite® pipe, together
with necessary fittings, conforming to the standards and requirements
of the International Plumbing Code shall be used. All pipe and fittings
shall utilize rubber-gasketed joints.
(d)Â
No portion of an existing building sewer that is constructed
of bituminous fibre (Orangeburg) pipe shall be used as part of the
new building sewer.
(e)Â
No transformation from one pipe size to another, or from one
pipe material to another, will be made without the use of adaptors
manufactured and designed for that purpose, bearing an ASTM marking
that the adapter is listed and labeled for the use.
(f)Â
In the specific case of PVC piping, no transformation from one
pipe size to another, or from one pipe material to another will be
made without the use of Fernco coupling with stainless steel shear
ring or equivalent adaptors manufactured and designed for that purpose.
Substitute adaptors must be approved by the Township. No cement joints
will be permitted.
(12)Â
Building sewers passing under any stream or creek shall be constructed
of ductile iron water main pipe ANSI A21.51 and AWWA C151, Class 51,
with mechanical joints. Piping under streams must be encased in six
inches of concrete, unless otherwise approved by the Township.
(13)Â
New connections to the sewer shall not be placed through a cesspool,
but must be placed on solid ground on the building side of a cesspool
excavation area, with the exception that, under special circumstances,
cast-iron water pipe (AWWA C151 and ANSI A 21.51 Class 51, with mechanical
joints) may be used to span a cesspool when properly supported and
anchored against shearing forces from surface loading or other settlement.
(14)Â
No sewer connection pipe shall be reduced in size between the
house and the sewer. All pipe shall be a minimum inside diameter of
four inches. Pipe sizes for apartments and commercial buildings must
be approved by the Township. Joints shall be permanently tight and
shall prevent I and I.
(15)Â
A minimum cover of three feet of earth shall be provided to
protect pipe from frost action and surface loading. Concrete encasement
shall be provided where cover is less. All changes in grade and alignment
(direction) shall be made with pipe fittings. No fittings exceeding
45° will be permitted.
(16)Â
All connections to the public sewer system must be made into
the lateral stub, tee or wye left for the purpose, if one exists.
Where no lateral stub, tee or wye has been provided, the sewer shall
be tapped with an opening to fit a 45° cast iron or PVC Y-saddle
or 90° cast iron or PVC T-saddle. The saddle shall be securely
fastened by stainless steel straps provided with suitable bolts to
tighten securely. The pipe and saddle shall be completely encased
with six inches of 3,000 pound test concrete. When the opening in
the pipe has been cut too large to fit the saddle, the public sanitary
sewer pipe must be replaced by a manufactured pipe section with a
tee or wye branch of the proper size. The construction must be inspected
and approved by the Township before the remainder of the connection
may be laid.
(a)Â
Whenever a tee or wye branch has become broken in removing its
cap in preparation to make a sewer connection, the protruding branch
must be removed and a new tee or wye installed as described above.
(b)Â
Whenever an existing lateral or stub is broken, the broken end
must be cut square and fitted with a duplex coupling, or that section
of pipe must be replaced.
(c)Â
Except as otherwise approved by the Township, each connection
must be made to the public sewer system within the property lines
of the lot or property. Building sewers will be laid a minimum of
five feet from side property lines and shown on a plot plan for the
property, kept on file with the Township.
(d)Â
The mouth, or opening, of the completed building sewer shall
be kept properly closed and watertight at all times during construction.
(17)Â
Building sewer lines shall be vented, trapped and provide cleanout(s)
as follows:
(a)Â
Cleanouts.
[1]Â
Where the public sewer system main is in a cartway, a cleanout
shall be provided at the right-of-way line.
[2]Â
Where the public sewer system main is in an easement, the cleanout
shall be located one foot from the easement limit.
[3]Â
Cleanouts shall be provided in each building sewer at seventy-five-foot
intervals. Such intervals shall include lengths of the lateral. In
addition, one cleanout shall be provided at the right-of-way line
and one cleanout shall be provided directly outside of the building.
A minimum of two cleanouts are required per building sewer line.
[a]Â
Cleanouts shall be installed immediately downstream
of any change in grade or alignment.
[b]Â
Cleanouts shall be constructed using a sanitary
tee fitting in the run of the pipe and cast-iron riser to ground surface.
The riser pipe shall be provided with a PVC screw-type plug with a
cast-iron cleanout cap with brass plug and shall be watertight. Cleanouts
installed with PVC caps shall be covered with a ten-inch lamp hole
frame and cover (Neenah Foundry R-1975-A or approved equal).
[c]Â
Cleanouts shall be equal to the final surrounding
grade.
[4]Â
Every cleanout shall be properly supported by 2 RC, 2B crushed
stone or concrete in the bottom of the trench.
(b)Â
Fresh air vents and traps. Where external fresh air vents and
traps are required by the Township, they shall be designed and installed
as directed by the Township.
(18)Â
The contractor shall have sufficient pumping equipment ready
for use at all times on the site. All groundwater which may be found
in the trenches, and any other water which may get into them from
any cause whatsoever, shall be pumped or bailed out so that the trench
shall be dry during pipe laying and backfilling. Water shall be kept
away from any mortar or concrete work until it has thoroughly set.
When water is encountered, no less than six inches of No. 2B coarse
aggregate shall be used for the foundation for the pipe. No stormwater
or surface water shall be allowed to enter the public sewer system.
If, for any reason, construction is delayed or stopped, the pipe connected
to the sewer main must be capped with a waterproof stopper.
(a)Â
In all trenches (both earth and rock trenches), first-class
bedding shall be provided as a foundation for all pipe, unless concrete
cradle or concrete encasement or other type of bedding is required
by the Township.
(b)Â
When extra-heavy cast-iron pipe is being installed, first-class
bedding shall consist of shaping the bottom of the earth trench to
fit the pipe and bells in order to support the pipe over its entire
length. A minimum of four inches of No. 2B crushed stone bedding will
be provided when rock is encountered or when required by the Township.
(c)Â
When PVC SDR No. 35 is being installed, first-class bedding
shall provide a minimum of four inches of crushed stone under the
pipe, with backfill using the stone up to, or beyond, the midpoint
of the pipe. Bedding material shall consist of crushed stone conforming
to Pennsylvania Department of Transportation Form 408, grading and
quality requirements for No. 1B coarse aggregate. Concrete encasement,
or cradle, shall be required where high trench and surface loading
can be anticipated.
(d)Â
Regardless of the type of pipe used, unsuitable material encountered
in excavation, such as ashes, muck and unstable soil, shall be removed
from the site and shall not be placed in the backfill. When the bottom
of the trench has been dug too deep, it shall be refilled to grade
with 2-RC aggregate backfill, or No. 2B aggregate backfill, thoroughly
compacted.
(19)Â
The owner shall decommission and abandon the existing on-site
system in accordance with this article.
B.Â
Additional requirements for grinder pumps and low-pressure force
mains. Whenever the use of grinder pumps or low-pressure force main
is permitted or required by the Township, the following shall apply,
in addition to any other requirements governing the connection to
or use of the public sewer system.
(1)Â
The connection of improved properties or proposed new land development
to the public sewer system through the use of sewage grinder pumps,
their associated force mains, or low-pressure building sewers shall
occur only after an Official Plan revision to the Township's Act 537
Plan, approved by both the Township and the Department, designates
that the proposed properties be served by such a connection.
(2)Â
All electrical wiring for external connection pump controls shall
be placed in conduit and installed in compliance with the 2008 National
Electrical Code.
(3)Â
If required by DELCORA, DELCORA and the owner shall enter into an
agreement for the installation of a grinder pump or low-pressure sewage
system to assure the short- and long-term operation and maintenance,
use, service, repair or replacement of such systems is understood
and provided for by the owner. Such agreement shall be on a form provided
by DELCORA. Whether or not an agreement is required, DELCORA's responsibility
for grinder pumps shall be limited to:
(a)Â
Control over the type of grinder pumps used to assure full-service
capability and compatibility with the public sewer system.
(b)Â
Purchase of approved grinder pumps in bulk supply and availability
of the grinder pumps for purchase by owners served by the public sewer
system.
(c)Â
Maintenance of a limited supply of extra approved grinder pumps
and replacement parts for emergency repair or replacement locally
on short notice.
(4)Â
Except as otherwise set forth in the agreement, if any, the owner
of an improved property served by a grinder pump and low-pressure
force main shall, at a minimum, have:
(a)Â
Full financial responsibility for providing, installing, using,
operating, maintaining, servicing, repairing and replacing the grinder
pump and its low-pressure force main or building sewer.
(b)Â
Full responsibility for using the pump consistent with the manufacturer's
instructions and to avoid introducing into the building system materials
that may damage the impellers on the pump, including, but not limited
to, items designated as biodegradable in septic tanks.
(c)Â
Full responsibility for closing the building system and ceasing
operations during any period when the grinder pump and/or low-pressure
system serving a nonresidential property is inoperable for more than
two days or reaches the limit of its off-line reserve storage capacity,
whichever is first to occur.
(5)Â
Where the low-pressure force main or building sewer is permitted
by the Township to be shared between owners, they shall submit to
the Township a declaration of easements, covenants and restrictions
or similar agreement, in recordable form, setting forth the agreement
of each benefited owner with respect to the installation, use, operation,
maintenance, service, repair and replacement of the low-pressure sewer
system, which agreement shall bind all future owners. Notwithstanding
the approval of the low-pressure system by all applicable agencies,
the Township will not issue a permit for its installation until evidence
is presented that the agreement has been recorded in the office of
the Recorder of Deeds, Delaware County, Pennsylvania.
C.Â
System testing. No portion of any building sewer shall be used until
tested and approved in accordance with this article.
(1)Â
Water testing. Gravity sewer tests shall consist of plugging the
end of the building sewer at the point of connection with the public
sewer system, filling the building sewer with water, testing with
not less than a ten-foot (3048 mm) head of water and maintaining such
pressure for 15 minutes.
(2)Â
Low-pressure line. Low-pressure line tests shall consist of plugging
the end of the building sewer at the point of connection with the
public sewer system and applying a pressure of 5 psi (34.5 kPa) greater
than the pump rating, and maintaining such pressure for 15 minutes.
(3)Â
The method of testing to be used shall be as directed by the Township.
D.Â
Backfill following testing. All backfill material shall be free from
cinders, ashes, refuse, vegetable or organic material or other material
which, in the opinion of the Township, is unsuitable. However, from
a point one foot above the top of the pipe to the finished grade (or
subgrade of pavement, driveways, walks, etc.), material containing
stones up to eight inches in greatest dimension may be used. The trench
shall be thoroughly compacted without displacement of the grade or
alignment of the building sewer. Backfill material shall be free of
ice, and no partially open trench shall be permitted to be left open
during the night when temperatures below 28° are predicted.
A.Â
Decommission of existing system.
(1)Â
Every owner of an improved property required by this article to connect
to the public sewer system shall decommission the existing sewer system
serving the improved property in accordance with this article.
(a)Â
In all cases, a licensed septic hauler shall remove all liquid
and solid contents in the septic tank in a manner approved by the
Commonwealth of Pennsylvania. Receipts shall be submitted to the Township.
(b)Â
Where the subject property was developed without formal stormwater
management facilities, the Township may allow the septic tank be decommissioned
and reused for stormwater management purposes, as follows:
[1]Â
A licensed professional engineer has provided, and the Township
has approved, a recommendation for the reuse as a stormwater infiltration
area for the specific location, in accordance with the design considerations
and guidelines in the Pennsylvania Stormwater Best Management Practices
Manual, as amended, for the stormwater infiltration where the property
is located.
[3]Â
The sides, lid, baffle (if fitted) and square junctions of the
septic tank have been hosed down as contents are being removed.
[4]Â
Once the contents have been removed, the septic tank has be
disinfected by filling with fresh water and disinfected to a minimum
level of 5 mg/L of free residual chlorine with a 1/2 hour contact
time. The chlorine should be allowed to dissipate naturally and not
be neutralized and adequate time be allotted for the drain field to
dry out and the pathogens to die off.
[5]Â
Several holes shall be punched in the bottom of the septic tank
to permit infiltration as required by the licensed professional engineer
and approved by the Township.
[6]Â
No cross-connection shall be made with any potable water supply,
nor shall the reuse of the septic tank be likely to contaminate any
potable water supply.
[7]Â
The septic tank is to be permanently and conspicuously labeled
as containing water unfit for human consumption.
(c)Â
Except as set forth in Subsection A(1)(b), above, the septic tank shall be abandoned in one of the following ways:
[1]Â
All waste material must be pumped by a licensed hauler and disposed
of off site.
[2]Â
The septic tank shall be cleaned and may be removed and disposed
of at a sanitary landfill in a manner approved by the Department.
[3]Â
The septic tank top may be removed, the tank crushed, and then
the excavation shall be filled with sand, clean soil or crushed stone
to within 12 inches of the native surface; or
[4]Â
The septic tank top may be removed, the tank's bottom perforated
and then the excavation shall be filled with sand or crushed stone,
or properly compacted clean soil, to within 12 inches of the native
surface.
(d)Â
After the septic tank has been properly abandoned in compliance
with one of the options above, the remainder of the excavation shall
be backfilled with native soil or other material approved by the Township,
in writing.
(e)Â
The existing tile or drain field may be abandoned in place with
no additional work required. No structures may be placed in or on
the abandoned drain field except as specifically approved by the Township,
in writing.
(2)Â
Except as provided herein, no septic tank, or any other form of individual
treatment system, shall be used or maintained at any time upon any
improved property which has been connected to the public sewer system
or which is required under this article to be connected to the public
sewer system.
(3)Â
Except as provided herein, every septic tank or other form of individual
treatment system in existence shall be abandoned and shall be cleansed
and filled, and such septic tank or other form of individual treatment
system not so abandoned and cleansed and filled shall constitute a
nuisance, and such nuisance may be abated by the Township as provided
in this article.
(4)Â
The owner shall, within 60 days of the decommissioning of an existing
system as set forth herein, provide written certification to the Township
that the system has been decommissioned and is no longer serving the
improved property.
B.Â
Use of connection.
(1)Â
Use of the new connection to the public sewer system will not be
permitted until installation has been inspected, tested and approved
as being in compliance with this article.
(2)Â
No use of the public sewer system will be permitted until collection
system, pumping facilities and treatment plant have been made ready
to accept sewage for disposal.
(3)Â
Debris, which may have been stored within the public rights-of-way,
including road, cartway or sidewalk, shall be removed within 24 hours
of completion of the building sewer work. Any concrete sidewalk or
curb removed for the purpose of making a sewer connection must be
temporarily restored within 48 hours, and permanent replacement must
be completed within 30 days from the time installation has been approved.
A.Â
Failure to connect.
(1)Â
If the owner of any improved property, adjoining and adjacent to
or whose principal building is within 250 feet of the public sewer
system line(s) or lateral(s), after 90 days' notice in accordance
with this section, shall fail to connect such improved property and/or
fail to pay the required fees and/or fail to use the public sewer
system as required, the Township may take such action as is necessary,
in the opinion of the Township, to cause such improved property to
be connected to the public sewer system as provided by law. In the
event that the Township may connect the improved property to the public
sewer system, the Township shall collect from such owner the actual
costs and expenses incurred in such work.
(2)Â
Where connection to the public sewer system is made by the Township
after notice to the owner, the Township shall immediately upon completion
of the work send an itemized bill for the cost of the construction
of such connection to the owner of the improved property to which
such connection has been made. Such bill shall be payable within 30
days of receipt. In case of neglect or refusal by the owner of such
improved property to pay such bill within such time, or to enter into
a written installment agreement with the Township to pay such bill
in 12 monthly or four quarterly installment payments, the Township
shall, within six months of the completion of the sewer connection,
or such other time as allowed by law, file a municipal lien against
the property for all costs associated with the sewer connection, the
same to be subject in all respects to the general law provided for
the filing and recovery of municipal liens.
B.Â
Connection violations. In addition to any other remedy available
to the Township, if any person shall fail or refuse, upon receipt
of a notice of the Township, in writing, to remedy any unsatisfactory
condition with respect to a building sewer connection within 60 days
of receipt of such notice, the Township may refuse to permit such
person to discharge into the public sewer system until such unsatisfactory
condition shall have been remedied to the satisfaction of the Township,
or at its option, the Township may make such repairs at the expense
of the owner and file a municipal lien against the improved property
found to be in violation.
C.Â
Nuisance. In addition to any other remedies provided in this article,
any violation of this article or any such rule or regulation shall
constitute a nuisance and may be abated by the Township by either
seeking mitigation of the nuisance or appropriate equitable or legal
relief from a court of competent jurisdiction.
D.Â
Professional fees. Whenever the Township seeks enforcement of this
article, the Township shall be entitled to receive reimbursement of
its actual costs and fees, including, without limitation, legal, engineering
and other professional fees.
A.Â
Inspection required. Prior to the use of or connection to the public
sewer system by any improved property, and prior to the resale of
any improved property within the Township which is connected to the
public sewer system, such improved property shall be inspected and/or
televised as set forth in this section.
(1)Â
Connected properties.
(a)Â
The owner of an improved property already connected to the public
sewer system shall be responsible to notify the Township, in writing,
of the proposed sale of the improved property at least 30 days prior
to the intended closing date.
(b)Â
Such owner shall make available to the Township, for inspection
and/or televising, all areas of the improved property, including,
without limitation, all building sewers and all internal sewer connections;
provided, however, that with the prior written approval of the Township,
the owner, at its sole cost and expense, may arrange for and have
such external televising conducted with the results certified and
presented to the Township in the form required by the Township. Notwithstanding
the Township permitting the owner to provide the televising of the
external connection, the Township retains the right to retelevise
or require the retelevising of any building sewer where it deems the
televising provided by the owner to be insufficient for the purposes
of this section.
(2)Â
Properties served by septic systems.
(a)Â
Improved properties served by a septic system shall be inspected by CCTV as set forth in § 268-18 of this article.
(b)Â
Such owner shall make available to the Township, for inspection
and/or televising, all areas of the improved property, including,
without limitation, all building sewers and all internal sewer connections;
provided, however, that with the prior written approval of the Township,
the owner, at its sole cost and expense, may arrange for and have
such external televising conducted with the results certified and
presented to the Township in the form required by the Township. Notwithstanding
the Township permitting the owner to provide the televising of the
external connection, the Township retains the right to retelevise
or require the retelevising of any building sewer where it deems the
televising provided by the owner to be insufficient for the purposes
of this section.
(3)Â
Properties served by existing community or semipublic sewers. Improved
properties served by a form of community or semipublic sewer system,
and which do not have building sewer cleanouts as of the date of this
article, shall make available to the Township for inspection all areas
of the improved property, including, without limitation, all internal
sewer connections and, if deemed appropriate by the Township, the
inspection of all building sewer connections, which may require the
owner to inspect by CCTV the building sewers and connections. Improved
properties served by a form of community or semipublic sewer system
which do have building sewer cleanouts shall make available to the
Township for inspection and/or televising all areas of the improved
property, including, without limitation, all building sewer and all
internal sewer connections.
B.Â
Cost of inspection. The cost of all inspections and reinspections
(including the cost of CCTV where commissioned or performed by the
Township) shall be determined and established by the Board of Supervisors
from time to time by resolution and shall be paid by the owner at
the time owner notifies the Township of the sale of the improved property
in accordance with this section. The cost of any reinspection shall
be paid at the time of the request for reinspection, if applicable.
C.Â
Time for resale inspection. The Township shall inspect, or cause
to be inspected, the property owner's building sewer and any connections
thereto within the thirty-day-notice period provided by the owner.
In the case where the owner is permitted to televise the building
sewer, the results shall be provided within the thirty-day period
set forth in this subsection.
D.Â
Repairs and reinspection. If the inspection determines that an unacceptable
condition(s) exists for any reason, including, without limitation,
damage, unconnected joints, leakage, cross-connections with sump pumps,
down spouts, dehumidifiers, condenser units and the like, which may
have the effect of reducing or restricting public sewer system capacity
available to the residents of the Township:
(1)Â
The owner shall be so notified, in writing, and the condition(s)
shall be corrected by the owner, in accordance with this article and
any applicable rules and regulations of the Township.
(2)Â
All costs of correction shall be borne by the owner.
(3)Â
The Township shall confirm by reinspection and/or televising, in
accordance with this section, that the condition(s) has been satisfactorily
corrected once notified by the owner.
(4)Â
The cost of the reinspection shall be paid by the owner at the time
the owner notifies the Township that the subject condition(s) has
been corrected and is ready for reinspection by the Township.
(5)Â
Because of the limitation in capacity available to the Township,
no certificate of compliance shall be issued and no connection to
the public sewer system shall be made or shall continue, unless and
until the unsatisfactory condition(s) has been repaired and the repair
has been inspected and approved by the Township. Where a certificate
of compliance has already been issued for an improved property, said
certificate may be revoked until the unsatisfactory condition(s) has
been repaired and the repair has been inspected and approved by the
Township.
E.Â
Conduct of inspections. In the conduct of inspections, the Township
shall use best efforts to conduct all inspections and/or televising
by the least invasive and intrusive means possible. However, in the
event of any damage to the improved property caused by the Township's
inspection, the Township shall promptly repair or restore the property
to the reasonable condition in which the property existed prior to
the entry of the Township onto the improved property, circumstances
permitting.
F.Â
Township corrective action. In the event that the owner fails or
refuses to make the repairs required under this section, the Township
may enter the improved property and make such repairs at the cost
and expense of the owner. The Township may collect the costs and expenses
incurred from the owner. Should owner fail or refuse to pay such costs
and expenses within 30 days following receipt of an invoice for same,
the Township may file a lien against the improved property or take
any other action under this article or at law or in equity for the
collection of such fees and expenses.
The Township reserves the right, from time to time, to delegate
any or all of its rights and obligations under this article, including
implementation, interpretation, inspection and enforcement of violations,
to DELCORA, and to appoint DELCORA as its official agent for such
purposes, whether or not specifically set forth in this chapter.
In the event that the Township, DELCORA, the Department or any
other agency with jurisdiction over the subject matter of this article
shall have, adopt or enact laws, ordinances, rules or regulations
which are more stringent than those of this article, the more stringent
laws, ordinance, rules and regulations may be utilized and enforced
in place of the less stringent provisions of this article.
A.Â
Penalty and proceeding. A person, firm, entity or corporation who
shall violate or allow the violation of any provision of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
Other enforcement. In addition to the assessment of a criminal penalty
as set forth in this section, the Township shall have available to
it any other remedies and rights of enforcement as provided in this
article or at law or in equity.
It is the intent of this article to specifically repeal, replace
and supersede Ordinance No. 223 of 2014. Further, all ordinances or
parts of ordinances in conflict with the provisions of this article
are hereby repealed to the extent of such conflict. The Township reserves
the right at any time by ordinance to amend or otherwise modify or
repeal this article.
