[Ord. 261, 8/14/2012]
This Part shall be designated as the "Small Flow Sewage Treatment
Facilities Ordinance of Old Lycoming Township."
[Ord. 261, 8/14/2012]
The Board of Supervisors of Old Lycoming Township, Lycoming
County, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
Liquid sewage discharged as waste.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or any other person having a proprietary interest in the land.
The comprehensive plan for the provision for adequate sewage
disposal systems, adopted by the Board of Supervisors and approved
by DEP pursuant to the Pennsylvania Sewage Facilities Act, 35 P.S.
§ 750.1 et seq.
The current regulations of DEP as set forth in Pa. Code,
Title 25, and all future regulations of DEP pertaining to small flow
sewage facilities, as amended from time to time.
Any individual or community sewage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using stream discharge or discharge to the surface of the
ground as more fully set forth in 25 Pa. Code, § 71.1.
The small flow sewage treatment facility to be designed,
installed, operated and/or maintained by a landowner upon any property
in the Township.
A sewage enforcement officer, code enforcement officer, certified
sewage treatment plant operator, Township employee, professional engineer,
solicitor, plumbing inspector, or any other qualified or licensed
person who is authorized to function as an agent of the Township.
[Ord. 261, 8/14/2012]
1.
The system shall be designed in accordance with the standards and
requirements of the Department of Environmental Protection. In addition
to those requirements, the design shall include the following:
A.
Convenient access shall be provided for the inspection and periodic
maintenance of all treatment systems.
B.
A readily accessible effluent sampling point shall be provided at
the discharge end of the system.
C.
An alarm system shall be provided for all pumps, aeration devices,
or other possible malfunctioning devices which make up the system.
Alarms shall include both visual and audible devices located so as
to be readily noticeable by occupants on the property. In addition,
an appropriate high level alarm in the dosing tank and an alarm for
the aeration motor, if applicable, shall be provided.
D.
Reasonable vehicular access shall be provided to the system for periodic
removal of sludge.
[Ord. 261, 8/14/2012]
The landowner must submit a sewage planning module to the Board
of Supervisors and DEP. After the planning module is approved, the
landowner must obtain required DEP permits. No building or system
construction may occur until a preconstruction meeting has been held
with Township officials, the system contractor, the landowner and
the factory representative.
[Ord. 261, 8/14/2012]
After installation of the system, but prior to covering with
soil, the registered professional engineer for the landowner, Township
officials and a factory representative shall conduct an inspection
and certify in writing that the construction and installation of the
system is in conformance with the permit issued by DEP. Notice of
the system inspection shall also be given to DEP at least 72 hours
prior to inspection. A copy of the written certification signed by
all parties will be sent to DEP and the Township official within 10
days of completion of inspection. A service contract consistent with
the requirements of the National Sanitation Foundation must be signed
and a copy sent to DEP and the Township official when aerobic treatment
units are used. Copies of the operation and maintenance manuals shall
also be provided to necessary Township officials.
[Ord. 261, 8/14/2012]
Landowner shall provide Old Lycoming Township with a complete
set of "as built" plans for the system as finally approved by DEP.
[Ord. 261, 8/14/2012]
The landowner is specifically required to meet all the operational,
maintenance and reporting requirements of DEP and the Township or
Township official. These include, but are not limited to, all requirements
on the DEP permit. The landowner shall also submit not less than quarterly
on or before the fifteenth day of January, April, July and October,
a certification, that to the best of their ability, they have inspected
the system at least monthly and are not aware of any malfunctions.
[Ord. 261, 8/14/2012]
In the event Township or DEP inspections indicate the need for
maintenance on any component or the system as a whole to bring the
system into compliance with the DEP permit or regulations, the landowner
shall complete such maintenance and obtain certification from the
landowner's engineer or Township official that the work has been completed
in accordance with appropriate standards. A landowner must perform
any necessary maintenance and the certification must be provided within
72 hours of the time the problem was brought to the landowner's attention.
[Ord. 261, 8/14/2012]
1.
A Township official may inspect the system at any time, but shall
sample the system at least three times per calendar year. At least
two of the samplings will be conducted between April 1 and September
30 of each year. At least one inspection will be conducted during
the remaining portion of the year.
2.
The inspection shall include the following:
A.
Testing for adequate chlorine residual at levels required by the
DEP permit. Landowners are required to test chlorine residual on a
monthly basis and keep a written record of the date and results of
the test. The landowner must assure that the chlorine residual levels
are in compliance with all relevant DEP standards.
B.
The inspector may collect a sample for fecal coliform analysis at
any time. An EPA approved laboratory must perform a bacteriological
analysis.
C.
The Township and/or Township official must retain copies of all written
inspection reports and lab results received in a permanent file. The
records shall be available for inspection by DEP and the systems owner
upon request.
[Ord. 261, 8/14/2012]
In the event inspections or other review indicates the need
for repair or replacement of the system in order to bring the system
into compliance with the DEP permit or regulations, the landowner
shall complete such repairs or replacement and obtain certification
from landowner's engineer or the Township official that the work has
been completed in accordance with appropriate standards. Except in
the most extraordinary circumstances, the repairs must be completed
and the certification provided within 30 days of the time the problem
was brought to the landowner's attention.
[Ord. 261, 8/14/2012]
In the event the landowner fails or refuses to achieve timely compliance with the provisions for a system repair, replacement and/or maintenance as described in §§ 18-608 and/or 18-610, above, the Township or Township official shall have the right to enter upon the premises and to perform any repairs, replacement and/or maintenance with respect to the system. All such work will be done at the sole cost and expense of landowner. If feasible, the Township or Township official will make reasonable efforts to stop the flow in the system within 30 days after needed repairs may not have been done or within 72 hours in the event of a maintenance issue.
[Ord. 261, 8/14/2012]
During the period of time when the system is inoperable or incapable
of treating the discharged effluent to meet or exceed those standards
of DEP, landowner shall make the necessary arrangements to remove
said effluent and arrange for the appropriate disposition of the same
at a DEP permitted sewage disposal facility. In the event the landowner
shall fail to make the necessary arrangements for the removal of said
effluent within the time specified by the Township or Township official,
such time not to exceed 48 hours, the Township or Township official
shall have the right, upon the expiration of that 48 hours to enter
upon the premises and cause such effluent to be removed. Where the
landowner causes the effluent to be removed, he shall, upon request,
provide an agreement with a hauler providing for the removal and submission
of all pumping receipts. The landowner shall continue hauling effluent
until such time as the system has been properly certified as being
operable by the Township official or DEP.
[Ord. 261, 8/14/2012]
On or before January 30, of each year, the landowner shall deposit
with the Township a sum set by resolution. The sum represents the
present inspection fee for the three inspections and sampling of the
system and a laboratory testing escrow. The fees and escrow amounts
may be modified by the Board of Supervisors at their annual reorganization
or other meeting.
[Ord. 261, 8/14/2012]
Landowner shall pay for any and all costs incurred by the Township
or Township official for inspections in excess of the three mandatory
annual inspections, sampling, repairs, replacement and/or maintenance
of the system. The landowner shall also pay for any and all costs
incurred in the removal of effluent in accordance with the terms of
this Part or any other steps taken to protect the environment. Said
costs to be paid within 10 days of demand. In the event the landowner,
or his or her heirs, successors or assigns, shall fail to pay for
such costs or expenses, the Township or Township official shall institute
suit against the landowner in a civil action or cause a lien to be
recorded on the property in accordance with the municipal lien law
for all costs and/or expenses incurred in the enforcement of this
Part, including reasonable attorney's fees.
[Ord. 261, 8/14/2012]
In order to secure the costs which may be incurred by the Township
or Township official and which are recoverable as provided herein,
the landowner, contemporaneously with permit approvals, or anytime
upon demand, shall deposit a sum set by Township resolution. The deposit
shall be held by the Township in an interest-bearing account with
the interest to be accumulated at the discretion of the Township.
Said sums may be used by the Township or Township official for system,
repair, replacement or maintenance in the sole discretion of the Township
or Township official. Should the escrow fall below the sum, landowner
shall be notified and, within 10 days, restore the sum. In the event
the escrow account exceeds the sum, the excess deposit can be utilized
to offset the annual inspection, sampling and testing cost. Should
DEP approval require the landowner to establish a higher escrow, that
amount shall prevail and be deposited with the Township.
[Ord. 261, 8/14/2012; as amended by Ord. 277, 12/8/2015]
The Township may, as authorized by law, initiate civil enforcement
proceedings against any person, firm or corporation who violates any
provision of this Part. The Township shall prescribe a civil penalty
of not more than $600 per violation, plus costs, or other maximum
as established bylaw. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate violation. In any case where a penalty
for a violation has not been timely paid and the person upon whom
the penalty was imposed is found to have been liable therefor in civil
proceedings, the violator shall be liable for the penalty imposed,
including additional daily penalties for continuing violations, plus
court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings.
[Ord. 261, 8/14/2012]
Landowners, for themselves, their heirs, administrators, executors,
successors and assigns, shall at all times hold the Township or Township
official harmless from any claims, suits, legal expenses or judgments
which may be brought against the Township or against any Township
official and/or against landowner or any of the successors in title
for any adverse conditions, casually and directly or indirectly related
to the operation landowner of the system. The landowner shall have
the duty to defend Township and Township official, including their
agents and employees against any claim or suit made by any person
who alleges that adverse conditions have been caused by the operation
or lack of maintenance of the landowner. In the event the landowner
fails to undertake such defense to any claim, and the Township or
Township official is required to enter upon its own defense, landowner
shall reimburse Township or Township official for any expenses that
may occur, including legal fees, engineering fees or other expert
witness fees and/or pay any judgment rendered against the Township
as the result of said suit. As to damages alleged to have been caused
by reason of the operation of the system, landowner shall have the
right and option to join Township in the defense and/or compromise
of such claim and landowner shall only be required to pay those damages
and expenses for which the landowner agrees to pay, it being the express
understanding of the parties hereto that the landowner shall only
be required to pay those damages and expenses for which the landowner
agrees to pay, it being the express understanding of the parties hereto
that the landowner shall not be responsible for any conditions occurring
that cannot be demonstrated to the operation and/or malfunction of
the system installed by the landowner. In the event the landowner,
or its heirs, successors or assigns, shall fail to pay the cost, legal
fees, other expenses or damages as herein provided and the Township
or Township official is required to pay the same, said party shall
have the right to recover said funds it has expended either by a civil
action against the landowner, or his or her heirs, successors or assigns,
or by causing a lien to be recorded on the property in an amount equal
to the sums required to be expended.
[Ord. 261, 8/14/2012]
If title to a property upon which a system is located is transferred
in any manner, the new landowner shall provide the Township with an
escrow account as required herein, within 30 days of the conveyance
or transfer. The existing financial security of the prior landowner
will not be released until the new transferee provides the escrow.
[Ord. 261, 8/14/2012]
Nothing in this Part shall be construed to waive, effect or
alter any requirements of the zoning, land development and subdivision
or any other ordinances or resolutions of the Township. Nothing contained
herein empowers any Township official to waive any requirements of
such ordinance and it is expressly understood and agreed that the
installation of the system upon the property does not in any way constitute
approval for any land development of the property.
[Ord. 261, 8/14/2012]
The landowner requesting the installation and operation of the
small flow sewage treatment system must enter into an installation
and maintenance agreement with the Township. This agreement will be
in the form required by the Township and list each parties responsibility
for construction, operation, maintenance and other necessary undertakings
to maintain the system. The landowner shall provide a copy of said
agreement to any Township official upon request.
