As used in this part, the following terms shall
have the meanings indicated:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
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 specified limits as the agent of the
municipality to carry out the provisions of this part.
BOARD
The Board of Commissioners, Muhlenberg Township, Berks County,
Pennsylvania.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots 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 collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal
system discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, backs
up into the building connected to the 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.
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.
MUNICIPALITY
Muhlenberg Township, Berks 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
Pennsylvania Department of Environmental Protection, as described
in and required by the Pennsylvania Sewage Facilities Act.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal or sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sewage systems
and community 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
who or 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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
REPLACEMENT AREA
A portion of a lot or a developed property, sized to allow
the installation of a subsurface sewage disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed 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) known
as the "Clean Streams Law," as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
The official of the local agency 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.
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 encompass
the entire municipality.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
encompassing the requirements of this part and other administrative
requirements adopted by the municipality to effectively enforce and
administer the article.
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.
From the effective date of this part, its provisions
shall apply in any portion of the municipality identified in the municipality's
Act 537 Official Sewage Facilities Plan as a sewage management district.
Within such an area or areas, the provisions of this part shall apply
to all persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems. If necessary, the entire municipality may be identified
as a sewage management district.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
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.
D. Clean surface
water or groundwater, including water from roof or cellar drains,
springs, basement sump pumps and french drains.
The municipality, upon written notice from the
Municipal Sewage Enforcement Officer that an imminent health hazard
exists due to failure of a property owner to maintain, repair or replace
an on-lot sewage disposal system as provided under the terms of this
part, shall have the authority to perform or contract to have performed
the work required by the certified Sewage Enforcement Officer. The
owner shall be charged for the work performed and, if necessary, a
lien shall be entered therefor in accordance with law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This part shall be enforced by action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. Any person, partnership, corporation or other
entity who or which violates or permits a violation of the provisions
of this part shall, upon conviction in a summary proceeding, pay a
fine of not more than $1,000 plus the costs of prosecution and, in
default of the payment of the fine and costs of prosecution, shall
be imprisoned for a period not exceeding 30 days.