[HISTORY: Adopted by the Board of Supervisors of West Nantmeal
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-4-2016 by Ord.
No. 122]
A.
In accordance with the Second Class Township Code,[1] the Clean Streams Law (Act of June 27, 1937, P.L. 1987,
No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001),
and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966,
P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as
"Act 537"), it is the power and the duty of West Nantmeal Township
to provide for adequate sewage treatment and disposal facilities and
for the protection of the public health by preventing the discharge
of untreated or inadequately treated sewage.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
B.
The purpose of this article is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further allow intervention in situations which may constitute a
public nuisance or hazard to the public health; and to establish penalties
and appeal procedures necessary for the proper administration of a
sewage management program.
The following words shall have the meanings indicated below,
unless the context indicates otherwise. For the purposes of this article,
any term which is not defined herein shall have that meaning attributed
to it under the Sewage Facilities Act[1] and regulations promulgated thereto.
A component of an individual or community sewage system where
liquid from a septic 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.
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."
A person with demonstrated knowledge and experience regarding
on-lot sewage disposal system design, operation, and maintenance who
is authorized to function within specified limits as an agent of the
Township to administer or enforce the provisions of this article.
The Board of Supervisors of West Nantmeal Township, Chester
County, Pennsylvania.
A sewage system which serves two or more lots, or two or
more equivalent dwelling units, and uses a system of piping, tanks
or other facilities for collecting, treating, and disposing of sewage
into a soil absorption area, retaining tank, or cesspool.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. A holding tank shall not include a
privy, chemical toilet or other facility designed to receive sewage
where there is no water under pressure.
A sewage system which serves a single lot and a single equivalent
dwelling unit, and uses a system of piping, tanks, or other facilities
for collecting, treating, and disposing of sewage into a soil absorption
area, spray field, retaining tank, or cesspool.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage through use of a system of
piping, treatment tanks, and soil renovation through spray irrigation.
The on-lot disposal system receiving unit to which sewage
is delivered from a sewage generating facility. The term includes,
but is not limited to, septic tanks, aerobic treatment units, and
cesspools.
Septage pumped from septic tanks, cesspools, holding tanks,
privies, or chemical toilets, which does not include any toxic, industrial,
or hazardous wastes.
Any person engaged in the business of pumping and transporting
liquid waste within Chester County. Each vehicle used for such purpose
shall be licensed by the Chester County Health Department.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided. Whenever a lot is
used for a multiple-family dwelling or for commercial or industrial
purposes, sewage flow shall be estimated based on an equivalent number
of single-family residential lots.
A 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 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. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A comprehensive plan for the provisions of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.[2]
Any community on-lot sewage system or individual on-lot sewage
system as defined herein.
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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. This term is synonymous with the term
"holding tank."
The residual scum, sludge, and other materials pumped from,
but not limited to, initial treatment units, other treatment tanks,
retaining tanks, pump tanks, and the systems they serve.
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.[3]
A person certified by DEP who is employed by the Chester
County Health Department. Such person is authorized to conduct investigations
and inspections, review permit applications, 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 or Chester County Health Department.
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.
These facilities serve single-family residences, duplexes
and small commercial establishments with domestic-type sewage not
exceeding 2,000 gallons per day. These facilities ultimately discharge
treated wastewater directly to surface waters.
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.
The Township of West Nantmeal, Chester County, Pennsylvania.
The requirements of this article shall be effective throughout
the municipal limits of West Nantmeal Township and shall apply to
all portions of the Township served by on-lot sewage disposal systems.
Within such an 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 building permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until Act 537 planning approval
has been issued by the Department and the appropriate on-lot sewage
disposal system permit has been issued by the Chester County Health
Department. Proof of on-lot sewage disposal system permit issuance
shall be presented to the Township in the form of a properly executed
permit signed by the Chester County Health Department.
B.
No occupancy permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until the sewage disposal
system has been installed and the completed installation is approved
by the Chester County Health Department. Proof of On-lot sewage disposal
system final installation approval shall be presented to the Township
in the form of a properly executed permit signed by the Chester County
Health Department.
C.
No building 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 from the structure, until either the structure's
owner receives a permit from the Chester County Health Department
for alteration or replacement of the existing sewage disposal system
or until the structure's owner and the appropriate officials of the
Township receive written notification from the Chester County Health
Department that such a permit will not be required. The Chester County
Health Department shall determine whether the proposed alteration
or conversion of the structure will result in increased sewage flows.
D.
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Chester County Health Department.
A.
Each person owning a building served by an on-lot sewage disposal
system shall have the initial treatment unit pumped within two years
of the effective date of this article by a Chester County Health Department
licensed liquid waste hauler. Thereafter that person shall have the
system pumped at least once every three years. If any person can prove
that such person's tank had been pumped within two years of the effective
date of this article, then that person's initial required pumping
may be delayed to conform to the general three-year frequency requirement.
B.
The required pumping frequency may be increased at the discretion
of either the Township, the Chester County Health Department, or the
Pennsylvania Department of Environmental Protection if the septic
tank is undersized, if solids buildup in the tank is above average,
if the hydraulic load on the system increases significantly above
average, if a garbage grinder is used in the building, if the system
malfunctions, or for other good cause shown.
C.
Any person owning a building served by an on-lot sewage disposal
system or small flow sewage treatment facility shall:
(1)
Have the system on their property inspected during the pumping activities
in accordance with the septic system inspection checklist as prepared
by the Pennsylvania Septage Management Association.
(2)
Provide the Township with a receipt documenting the date that the
system was inspected and a copy of the inspection checklist. Such
receipt and checklist must be submitted to the Township within 30
days of the inspection.
D.
Any person owning a building served by an on-lot sewage disposal
system that contains additional pretreatment shall:
(1)
Follow the operation and maintenance recommendations of the equipment
manufacturer. In no case may the service or pumping intervals for
pretreatment treatment tanks exceed those required for septic tanks.
A copy of the manufacturer's recommendations and a copy of the service
agreement shall be submitted to the Township within six months of
the effective date of this article.
(2)
Provide to the Township with a receipt documenting the service activities
at the intervals specified by the manufacturer's recommendations.
Such receipt must be submitted to the Township within 30 days of the
cleaning or inspection.
E.
Any person owning a building served by an on-lot sewage disposal
system that is found to be in unsatisfactory condition shall:
(1)
Have the on-lot sewage disposal system repaired within 60 days from
the date the unsatisfactory condition was identified, weather permitting.
(2)
Provide the Township with a receipt documenting the date on which
the system was repaired along with a copy of the Chester County Health
Department permit authorizing the repair. Such receipt and permit
must be submitted to the Township within 30 days of the completion
of the repair.
F.
Any person owning a building served by a small flow sewage treatment
facility shall:
(1)
Follow all requirements stated in the permit issued by the Pennsylvania
Department of Environmental Protection, including maintenance of all
pretreatment equipment and water quality sampling and monitoring.
(2)
Remain in compliance with the permit issued by the Pennsylvania Department
of Environmental Protection, including all requirements through the
National Pollutant Discharge Elimination System (NPDES) regulations.
G.
Any person owning a building served by an on-lot sewage disposal
system which utilizes any components or technologies deemed by DEP
or the Township to require more detailed operation and maintenance
requirements than provided for in this article, including but not
limited to individual residential spray irrigation systems (IRSIS),
alternate systems, or experimental systems shall be further subject
to the maintenance responsibilities recommended by DEP for said system.
These responsibilities shall be memorialized in individual operation
and maintenance agreements for each such use, to which both the Township
and the property owner shall be party. The Township may impose additional
requirements as deemed necessary, including but not limited to collection
of an annual administrative fee and posting an escrow account with
the Township to guarantee the proper maintenance of the on-lot sewage
disposal system.
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(3)
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.
(4)
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
(5)
Wastewater resulting from hair treatment at a multichaired beauty
shop.
(6)
Any nonbiodegradable materials.
B.
The Township may require other operation or maintenance procedures
to ensure proper on-lot sewage disposal system performance by adopting
a resolution.
A.
The Township may retain qualified individuals or firms to assist
the Township in administering and enforcing the terms of this article.
Those individuals shall include an authorized agent and may include
an administrator and such other persons as may be necessary to carry
out the provisions of this article.
B.
The Board may establish a Fee Schedule by resolution and authorize
the collection of fees to cover the costs to the Township of administering
this article.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board of Supervisors
in writing within 30 days from the date of written notification of
the decision in question. Appeals shall be heard and determined by
the Board in accordance with the provisions of the Local Agency Law.[1] The Board may impose the reasonable costs of the appeal
upon the appellant.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits the violation of any provision
of this article shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be subject to the payment of a fine of no more than $1,000, plus the
costs of prosecution, including reasonable attorneys' fees incurred
by the Township. In default of payment thereof, the defendant may
be sentenced to imprisonment in the county prison for a term of not
more than 90 days. The summary proceedings to enforce the provisions
of this article are separate from any penalties imposed for a violation
of any regulations of the Chester County Health Department or DEP.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a nuisance and shall
be subject to abatement by the Board by appropriate equitable or legal
relief from a court of competent jurisdiction.
[Adopted 3-11-2019 by Ord. No. 1-2019]
The West Nantmeal Township Southern Sewer Service Area shall
include all lots created by the subdivision of the property which
are located in the Township and which shall be connected to the Authority's
sewer system.
The Board of Supervisors hereby adopts the Authority's rules
and regulations, as the same may be amended from time to time (the
"rules and regulations"). It is the intention of the Board of Supervisors
to enforce and/or to facilitate the enforcement of the rules and regulations,
including such amendments which shall be made by the Authority from
time to time. A copy of the rules and regulations, as amended, shall
be kept on file at the Township Building.
Each owner of any occupied building situate within the West
Nantmeal Southern Sewer Service Area abutting on any street, alley
or right-of-way in which there has been constructed a sanitary sewer
shall, at his own expense, install suitable sanitary facilities therein
and connect such facilities directly with such sewer in accordance
with the provisions of this article and the rules and regulations
within 60 days after the date of official notice to do so, given in
the manner provided by law. In the event any such owner shall refuse
or neglect to so connect within said sixty-day period, he shall be
deemed to be in violation of this article, and the proper officers
of the Township, or their agents, may enter upon such property and
construct such connection. In such case, the Township officers shall
forthwith, upon completion of the work, send an itemized bill of the
cost of the construction of such connection to such owner, which bill
shall be payable forthwith. In case of neglect or refusal by such
owner to pay said bill within 30 days thereafter, it shall be the
duty of the Township officers to file a municipal lien for the cost
of connection. Notwithstanding the foregoing provisions, no owner
of an occupied building shall be required to connect such building
to a sanitary sewer if the Board of the Authority determines that
connecting such building would result in an overloading of sewage
treatment facilities.
A.
No person shall uncover, connect with, make any opening into or use,
alter or disturb in any manner any sewer or the sewer system without
first making application for and obtaining a permit, in writing, from
the Authority. No use and occupancy permits shall be issued until
the proper permits are obtained and the building is connected to the
Authority's sewer system consistent with the rules and regulations.
B.
Application to the Authority for a permit required under this article
shall be made by the owner of the property to be served, in such form
as may be prescribed by the Authority. The application shall be accompanied
by the required connection charge and tapping fee, if any, imposed
by the Authority.
C.
All privately owned laterals and/or grinder pumps shall comply with
all regulations governing such equipment and facilities as set forth
in the rules and regulations.
D.
No person shall make or cause
to be made the connection of any property with a lateral sewer until
such person shall have fulfilled each of the following conditions:
(1)
Such person shall have notified the Authority of the desire and intention
to connect to a lateral sewer.
(2)
Such person shall apply for and obtain a permit as required by this
article and satisfy all requirements as set forth in the rules and
regulations.
(3)
Such person shall have given the Authority at least 72 hours' notice
of the time when such service line is to be connected, and such connection
made so that the Authority may inspect the service line, the work
of connection, and perform necessary testing to ensure compliance
with the rules and regulations.
The Township Engineer, the Authority Engineer and other duly
authorized representatives or employees of the Township or the Authority
bearing proper credentials and identification shall be permitted,
at all reasonable times, to enter upon any property or building located
within the West Nantmeal Township Southern Sewer Service Area which
is connected or required to be connected to the Authority's Sewer
System for the purpose of inspection, observation, measurement, sampling
and testing in accordance with the provisions of this article and
the rules and regulations.
No person shall maliciously, willfully or negligently damage,
destroy, deface, block or otherwise tamper with any sewer or any other
structure or equipment which is part of the sewer system, or discharge
any substance into the sewer system contrary to or in violation of
the rules and regulations.
Stormwater, surface or subsurface drainage from stormwater inlets,
roof drains and sump pump discharges shall not be connected to, or
discharge into, any sanitary sewers or any portion of the sewer system.
A.
Any person who violates or permits the violation of any provision
of this article shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be subject to the payment of a fine of not more than $1,000, plus
the costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 90 days. Each section of this article violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this article is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the Magisterial District Judge of not more
than $1,000, plus the costs of prosecution, or, upon default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 90 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to the above remedies, the Township may institute the
appropriate proceeding at law or in equity to restrain, correct or
abate the violation(s). All costs incurred by the Township shall be
reimbursed by the property owner and, until they are repaid, shall
be a lien against the premises.
