[Adopted 10-14-2019 by Ord. No. 3178]
A.
In accordance with municipal codes, the Clean Streams Law and the
Pennsylvania Sewage Facilities Act, it is the power and duty of the
Township to provide for adequate sewage treatment facilities and for
the protection of public health by preventing the discharge of untreated
or inadequately treated sewage. The official sewage facilities plan
for the Township indicates that it is necessary to formulate and implement
a sewage management program to effectively prevent and abate water
pollution and hazards to the public health caused by improper treatment
and disposal of sewage.
B.
The purpose of this article is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further permit intervention and to establish appeal procedures
as necessary for the proper administration of a sewage management
program.
For the purposes of this article, any term not defined herein
shall have that meaning found in the Sewage Facilities Act, the Municipal
Planning Code and regulations promulgated thereto, unless the context
clearly indicates otherwise.
A sewage enforcement officer, or professional engineer, or
code enforcement officer who is authorized to function as an agent
of the Township to administer or enforce the provisions of this article.
The Board of Commissioners of Whitehall Township, Lehigh
County, Pennsylvania.
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
Any 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 the commonwealth.
The condition which occurs when an on-lot sewage disposal
system discharges untreated or inadequately treated sewage onto the
surface of the ground, into the groundwaters of this commonwealth,
into surface waters of this commonwealth, backs up into a building
connected to the system or in any manner causes a nuisance or hazard
to the public health or pollution of ground- or surface water or contamination
of public or private drinking water wells. The system shall be malfunctioning
if any condition noted above occurs for any length of time during
any period of the year.
Whitehall Township, Lehigh County, Pennsylvania.
A comprehensive plan for the provision of an adequate sewage
disposal system, adopted by the Board and approved by the DEP, pursuant
to the Pennsylvania Sewage Facilities Act.
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; this term includes both individual
sewage systems and community sewage systems.
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
or municipal, public or private corporation for profit or not for
profit.
Any person, company, partnership or corporation which engages
in cleaning community or individual sewage systems and transports
the septage cleaned from these systems, and who has registered with
the Township and is a current member in good standing of the Pennsylvania
Septage Management Association.
The work done to modify, alter, repair, enlarge or replace
an existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
the installation of an on-lot sewage disposal system, which is reserved
to allow that installation in the event of the malfunction of the
presently installed on-lot sewage disposal system.
The sewage, residual scum and sludge pumped from on-lot sewage
disposal systems.
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, known as the "Clean Streams
Law," as amended.
A person certified by DEP who is appointed by the Township.
Such person is authorized to conduct investigations and inspections,
review permit applications, issue or deny permits and do all other
activities as may be provided for such person in the Sewage Facilities
Act, the rules and regulations promulgated thereunder and this or
any other ordinance adopted by the Township.
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 to effectively enforce
and administer this article.
A document issued for the local agency by the SEO when proper
application, fee, test results, field investigations, a suitable system
design and other requested information by the Township have all been
provided to the SEO in accordance with PA Code Title 25 Chapter 72,
and Administration of Sewage Facilities Permitting Program.
The division of a lot, tract or 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. For this article this term shall
also mean land development.
Whitehall Township, Lehigh County, Pennsylvania.
From the effective date of this article, its provisions shall
apply in any portion of the Township identified in the Official Act
537 Sewage Facilities Plan as a Sewage Management District. Within
such area or areas, the provisions of this article 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.
A.
No person shall install, construct or request bid proposals for construction
or alter an individual sewage system or community sewage system or
construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system
or community sewage system is to be installed without first obtaining
a permit from the Sewage Enforcement Officer; which permit shall indicate
that the site and the plans and specifications of such system are
in compliance with the provisions of the Clean Streams Law and the
Pennsylvania Sewage Facilities Act, and the regulations adopted pursuant
to those Acts.
B.
No system or structure designed to provide individual or community
sewage disposal shall be covered from view until approval to cover
the same has been given by a Sewage Enforcement Officer.
C.
The Sewage Enforcement Officer will require notification of the schedule
for construction of the permitted on-lot sewage disposal system so
that inspections in addition to the final inspection required by the
Sewage Facilities Act may be scheduled and performed by a Sewage Enforcement
Officer.
D.
No building or occupancy permit shall be issued for a new building
which will contain sewage-generating facilities until a valid sewage
permit has been obtained from the Sewage Enforcement Officer.
E.
No building permit or occupancy permit shall be issued and no work
shall begin on any alteration or conversion of any existing structure,
if said alteration or conversion will result in the increase or potential
increase in sewage flows, that will require an alteration or replacement
of the existing sewage disposal system, until either the property
owner receives a permit for the alteration or replacement of the existing
sewage disposal system or until the appropriate officials of the Township
receive written notification from the Sewage Enforcement Officer that
such a permit will not be required. The Sewage Enforcement Officer
shall determine whether the proposed alteration or conversion of the
structure will result in increased sewage flows.
F.
Sewage permits may be issued only by a Sewage Enforcement officer
appointed by the Township. DEP shall be notified as to the identity
of each Sewage Enforcement Officer appointed by the Township.
G.
Replacement areas for each lot or developed property or subdivisions
or land developments existing or proposed within the Sewage Management
District shall provide for the testing, identification and reservation
of a replacement area of each lot 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 on-lot sewage disposal system.
H.
No sewage permit shall be issued for any proposed-on lot sewage disposal
system on any newly created or subdivided property in any Sewage Management
District unless and until a replacement area is tested, approved and
reserved. All subdivision plans must show the location of two approved
on lot disposal sewage sites on each lot.
Only normal domestic waste 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 (excluding household cleaners), 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.
A.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner that it malfunctions. All liquid wastes, including
kitchen and laundry waste, softener backwash, shall be discharged
to a treatment tank. No sewage system shall discharge untreated sewage
to the surface of the ground or into the waters of the commonwealth
unless a permit for such discharge has been obtained from DEP.
B.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by malfunctioning
on lot sewage disposal system or which is discharging sewage without
a permit.
C.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the Sewage Enforcement Officer for a permit to repair or replace the
malfunctioning system. Within 30 days of initial notification by the
Township, construction of the permitted repair or replacement shall
commence. Within 60 days of the original notification by the Township,
the construction shall be completed unless seasonal or unique conditions
mandate a longer period, in which case the Township SEO shall set
an extended completion date.
D.
A SEO shall have the authority to require the repair of any malfunction
by the following methods: cleaning, repair, or replacement of components
of the existing system, adding capacity or otherwise altering the
existing disposal area, replacing a gravity distribution system with
a pressurized system, replacing the system with a holding tank, or
any other alternative appropriate for the specific site.
E.
Should none of the remedies described above prove totally effective
in satisfactorily eliminating the malfunction of an existing on-lot
sewage disposal system, the property owner is not absolved of responsibility
for that malfunction. The Township may require whatever action is
necessary to lessen or mitigate the malfunction. This may include
a connection to a public system regardless of the distance or availability
of such a system or the vacating of the structure.
A.
All septage originating within the Sewage Management District shall
be disposed of in accordance with the requirement of the Solid Waste
Management Act (Act 97 of 1980, 35 ss60.18.101 et seq), latest revision
and all other applicable laws and at sites or facilities approved
by DEP. The pumper/hauler shall provide a list of approved disposal
sites that they have contracted with to dispose of the septage.
B.
The pumper/hauler of septage, shall operate in a manner consistent
with the provisions of the Pennsylvania Solid Waste Management Act
(Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003),
latest revision and all other applicable laws.
A.
The Township SEO shall issue a written notice of violation to any
person who is the property owner, if the Township has not received
from the property owner, a pumper/hauler on-lot sewage system certification
form proving that their septic tank, cesspool, or drywell or tank
has been cleaned and pumped within the time limits as specified by
this article.
B.
Within 30 days of the notice of violation by the SEO, the property
owner shall have said septic tank, cesspool, or drywell or tank cleaned
and pumped. Failure to comply with the notice of violation shall be
considered a violation of this article.
C.
Any person or property owner interfering with the pumper/hauler's
responsibility to notify the Township under this article shall be
in violation and susceptible to all penalties noted herein. As set
forth in this article, the property owner of the building shall ensure
that the pumper/hauler supplies the Township with the certification
form of pumping the on-lot disposal system.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
The Township shall employ a qualified SEO and/or Code Enforcement
Officer and such other persons as may be necessary to carry out the
provisions of this article. The Township may also contract with private
qualified persons or firms as necessary to carry out the provisions
of this article.
B.
Any permits, records, reports, files and other written materials
pertaining to the installation, operation and maintenance and malfunction
of on-lot sewage disposal systems shall become the property of the
Township, and shall be maintained by the SEO and kept at the Township.
Records shall be available for inspection by representatives of DEP
as may be necessary.
A.
In addition to remedies available under the Pennsylvania Sewage Facilities
Act, as it relates to nuisances, violation of the Act or interference
with any officer, agent or the Township itself, the Township may assess
civil penalties after providing notice of such penalties or assessments.
B.
The Township may assess the cost of damages caused by violation of
this article or the Pennsylvania Sewage Facilities Act, applicable
fines and penalties, the cost of correcting such violation(s) as well
as legal fees, costs of enforcement and fees incurred to hold hearings.
C.
The Township or SEO shall provide notice of violations of this article
or the Sewage Facilities Act and the proposed assessment of penalty.
