[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Windsor as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-13-2001 by Ord. No. 2001-02]
A. 
This article may be cited as the "OLDS (On-Lot Disposal System) Management Ordinance of Lower Windsor Township."
B. 
As mandated by the municipal codes, the Clean Streams Law (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"), municipalities have the power and the duty to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for Lower Windsor 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.
C. 
The purpose of this article is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
A. 
General terms. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Specific terms. For the purposes of this article, the terms used shall be construed to have the following meanings:
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
ALTERNATIVE SYSTEM
A system for the disposal of domestic wastewaters not operating below ground level but located on or near the site of the building or buildings being served (e.g., composing toilets, gray-water recycling systems, incinerating toilets, spray irrigation and black-water recycling systems, etc.)
AUTHORIZED AGENT
A licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of Lower Windsor Township to carry out the provisions of this article.
BOARD
The Board of Supervisors of the Township of Lower Windsor, York County, Pennsylvania.
CODES ENFORCEMENT OFFICER (hereinafter called "C.E.O.")
An individual employed by the Township to administer and enforce this and other ordinances in the Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage from two or more lots or uses, or two or more equivalent dwelling units and the treatment and/or disposal of the sewage on one or more of the lots or at any other site and which shall comply with all applicable regulations of the DEP.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DEVELOPER
Shall be defined as any person, partnership or corporation which erects or contracts to erect a building on property owned by it with the intent to sell the building to some other party upon its full or partial completion, or upon the conveyance of property on which the building is to be built.
EQUIVALENT DWELLING UNIT (EDU)
For the purpose of determining the number of lots in a subdivision or land development, that part of a multiple-family dwelling, commercial, industrial, or institutional establishment with sewage flows equal to 400 gallons per day.
IMPROVED PROPERTY
Any property 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 sewage shall or may be discharged.
INDIVIDUAL SEWAGE SYSTEM
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 any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
LOT
A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system causes pollution to the ground or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
MANAGEMENT PROGRAM
The management program shall encompass the entire area of Lower Windsor Township serviced by sewage facilities or any other alternative system which discharges into the soils of the Township. All systems shall be operated under the jurisdiction of the Lower Windsor Township Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of the Commonwealth of Pennsylvania.
OFFICIAL PLAN
A Comprehensive Plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the DEP in accordance with the Act and with applicable DEP regulations.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any sewage system disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, and which is located upon the lot which it serves.
OWNER
Any person, corporation, partnership, etc. holding deed/title to lands within Lower Windsor Township.
PERSON
Any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or exception to the revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.
PUMPER/HAULER
Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems.
PUMPERS REPORT/RECEIPT
Form which shall be used by all licensed pumper/haulers to report each pumping of on-lot sewage disposal systems in the Township.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
REPLACEMENT AREA
An area designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the DEP and all applicable Township ordinances for an individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the York County Recorder of Deeds.
SEPTAGE
The residual scum and sludge pumped from septic systems.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or 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.
SEWAGE ENFORCEMENT OFFICER and/or ALTERNATE SEWAGE ENFORCEMENT OFFICER (hereinafter called "S.E.O.")
A person appointed by the Board to administer the provisions of this article and authorized by the DEP in accordance with Chapter 72, Administration of Sewage Facilities Permitting Program, of Title 25, Rules and Regulations,[1] to perform percolation tests, site and soil evaluation, and issue sewage permits for on-lot disposal systems.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this commonwealth or otherwise provide for the safe and sanitary treatment of sewage.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
TOWNSHIP
Lower Windsor Township, York County, Pennsylvania.
[1]
Editor's Note: See 25 Pa. Code § 72.1 et seq.
C. 
All other definitions of words and terms used in this article shall have the same meaning as set forth in Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department of Environmental Protection.[2]
[2]
Editor's Note: See 25 Pa. Code Ch. 73, Standards for Onlot Sewage Treatment Facilities, § 73.1 et seq.
From the effective date of this article, its provisions shall apply to all persons owning any property in the Township 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 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 indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act[1] (hereinafter called "Act 537" or "Act") and the standards adopted pursuant to that Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
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 the Municipal S.E.O. If 72 hours have elapsed, excepting Sundays and holidays, since the S.E.O. issuing the permit received notification of completion of construction, the applicant may cover said system or structure, unless permission has been specifically refused by the S.E.O.
C. 
The Township may require applicants for sewage permits to notify the Township's certified S.E.O. of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the Township's certified S.E.O. at the cost of the applicant.
D. 
No building or occupancy permit shall be issued by the Township or its C.E.O. for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the Township's certified S.E.O.
E. 
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 the Township's C.E.O. and the structure's owner receive from the Township's S.E.O. either a permit for alteration or a replacement of the existing sewage disposal system or written notification that such a permit will not be required. In accordance with Chapter 73 regulations,[2] the certified S.E.O. shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
[2]
Editor's Note: See 25 Pa. Code § 73.1 et seq.
F. 
Sewage permits may be issued only by a certified S.E.O. employed by the Township for that express purpose. The DEP shall be notified by the Township as to the identity of their currently employed certified S.E.O.
G. 
No sewage permit may be issued unless proof is provided the owner of record has owned the lot since May 15, 1972, or that Act 537[3] planning for that lot has been provided by the Township.
[3]
Editor's Note: 35 P.S. § 750.1 et seq.
H. 
No final Municipalities Planning Code Act 247,[4] as amended, approval on a subdivision plan may be given until Act 537 planning is approved by the Township and DEP.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
Any person who shall install new or rehabilitated systems shall provide a marker or markers at ground level locating the subsurface waste disposal tank and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Township's S.E.O. In addition, a riser or access hatch shall be constructed so as to enable easy access to the waste disposal tank, and prevent odors from escaping and to prevent children from removing the hatch. Accessibility for visual inspection and maintenance shall be provided in the drainage fields via four-inch vertical, nonperforated PVC pipe connected directly to the drain tile at a minimum of four locations in the drainage field. If not installed by the Township or its authorized agent, such installation shall be subject to its approval.
A. 
Requirements.
(1) 
After the effective date of this article, a replacement area for an individual on-lot sewage system shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system, or for which a valid permit for installation of an individual on-lot sewage system has not been issued. Lots existing prior to the effective date of this article shall be exempt from the requirements of this section.
(2) 
The replacement area provided shall comply with the Act and with all regulations issued by the DEP as incorporated into this article concerning individual on-lot sewage systems, including isolation distances, and with the terms of this article and any other applicable Township ordinances.
B. 
Identification of replacement area.
(1) 
Each applicant who shall submit a plan for the subdivision or development of land or who shall apply for a permit for the installation of an individual on-lot sewage system, or who shall request approval of a planning module for land development or the adoption of a revision, exception to revision, or supplement to the Official Plan shall demonstrate to the satisfaction of the S.E.O. that a suitable area exists on the lot or on each lot to be created for an initial individual on-lot sewage system and for the replacement area. The S.E.O. shall perform or observe all tests required for the location of an individual on-lot sewage system to confirm the suitability of the replacement area. Allowance of open land for the replacement area without testing performed or observed by the S.E.O. shall not constitute compliance with the requirements of this section.
(2) 
The location of the initial individual on-lot sewage system and the replacement area as confirmed by the S.E.O. shall be identified on the plot plans and diagrams submitted as part of the permit application.
(3) 
If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module for land development or amend its Official Plan, or a request for an exception to the revision of the Official Plan, the location of each initial individual on-lot sewage system and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note constituting a permanent easement shall be added to the plans stating that no improvements shall be constructed upon the replacement area, and the deed to be recorded for each lot created as part of the subdivision or land development shall contain language reflecting this limitation.
(4) 
Any revisions to a permit or plan affecting a replacement area which previously has been approved pursuant to the provisions of this article shall be reviewed for approval by the Board or its authorized representative.
C. 
Construction restrictions..
(1) 
The easement for the replacement area noted upon the plan and recorded with the York County Recorder of Deeds shall state that no permanent or temporary improvements of any character, other than shallow-rooted plant matter, shall be constructed upon the replacement area.
(2) 
This provision shall be enforced by the Township unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the S.E.O. that an alternate replacement area which complies with all applicable regulations of the DEP, this article and all other applicable Township ordinances, exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area required by this article and shall be designated as the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for the purposes of this article.
D. 
Relief from replacement area requirement.
(1) 
If any lot held in single and separate ownership as of the effective date of this article does not contain land suitable for a replacement area, the applicant submitting a land development plan or a planning module for land development or desiring to install an individual on-lot sewage system may request that the Board grant an exception to the requirement of providing a replacement area. The applicant for such an exception shall present credible evidence to the Board demonstrating:
(a) 
That the lot was held in single and separate ownership on the effective date of this article;
(b) 
The size of the lot;
(c) 
Inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and
(d) 
The testing conducted to determine that the lot is not suitable to provide a replacement area.
(2) 
At all times, the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article. In no case shall any lot be exempted from the requirements of § 349-4 of this article.
A. 
Any on-lot sewage disposal system may be inspected by the Township's authorized agent at any reasonable time as of the effective date of this article. The Township shall notify property owners, in writing, five days prior to inspection.
B. 
The inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure. A copy of the inspection report shall be furnished to the owner and current resident which shall include all of the following information which is reasonably available to the individual or agency responsible for pumping the septic tank; date of inspection; name and address of system owner; description and diagram of the location of the system including location of access hatches, risers, and markers; size of tanks and disposal fields; current occupant's name and number of users; indication of any system malfunction observed; results of any and all soils and water tests; any remedial action required.
C. 
The Township's authorized agent shall have the right to enter upon land, following the required notification in Subsection A of this section, for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:
(1) 
The matter will be officially referred to the Board for action.
(2) 
The Board may schedule a review at the next scheduled meeting of the Board, or, if the situation threatens the health or safety of the residents of the Township, the Board may commence an immediate procedure to obtain a search warrant from the Magisterial District Judge.
(3) 
Upon receipt of a search warrant to inspect the property, the authorized agent of the Township shall be accompanied by an officer of the Township Police, and the inspection shall be completed in accordance with this subsection.
(4) 
The provisions of this Subsection C for obtaining a search warrant may be waived only when the Board and its authorized agent have reason to believe that the sewage facilities or alternative system is malfunctioning or being operated improperly such that the situation poses an immediate and substantial safety, water pollution, or health hazard.
D. 
A schedule of routine inspections may be established by the Township, if necessary, to assure the proper function of the systems in the Township.
E. 
The Township's authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is malfunctioning, the Township shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the Township and a representative of the DEP, action by the owner to mitigate the malfunction shall be required.
F. 
There may arise geographic areas within the Township where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Township-sponsored revision to that area's Act 537 Official Sewage Facilities Plan. When a DEP-authorized Official Sewage Facilities Plan Revision has been undertaken by the Township, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the Township, pending the outcome of the plan revision process. However, the Township may compel immediate corrective action whenever a malfunction, as determined by Township officials and the Pennsylvania DEP, represents a serious public health or environmental threat.
Only normal domestic wastes 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, acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
A. 
Schedule.
(1) 
Any person owning a building served by an on-lot sewage disposal system shall have the septic tank pumped by a qualified pumper/hauler after the effective date of this article based on the following schedule.
(a) 
Properties located in Lower Windsor Township District No. 1: within one year of effective date of this article. District No. 1 shall consist of all properties east of Cool Creek and Cabin Creek Roads and north of East Prospect and Calvary Church Roads.
(b) 
Properties located in Lower Windsor Township District No. 2: within two years of effective date of this article. District No. 2 shall consist of all properties south of East Prospect and Calvary Church Roads and east of Prayer Mission and Snyder Corner Roads.
(c) 
Properties located in Lower Windsor Township District No. 3: within three years of effective date of this article. District No. 3 shall consist of all properties west of Prayer Mission and Snyder Corner Roads and south of East Prospect Road.
(d) 
Properties located in Lower Windsor Township District No. 4: within four years of effective date of this article. District No. 4 shall consist of all properties north of East Prospect Road and west of Cabin Creek and Cool Creek Roads.
(2) 
Thereafter, that person shall have the tank pumped, following notice by the Township, at least once every four years. Receipts from the pumper/hauler shall be submitted to the Township as required in § 349-9G.
B. 
Any person providing a receipt or other written evidence showing that their tank had been pumped within one year of the notification by the Township will be considered to be in compliance with Subsection A.
C. 
The Township may allow septic tanks to be pumped out at less frequent intervals when the owner can demonstrate to the Township that the system can operate properly without the need for pump out for a period longer than four years, but in no case shall such period extend beyond five years. Such a request may be made at any time and must be in writing with all supporting documents attached. The Township, in making its determination, shall take into account the information submitted by the applicant, the sewerage permit issued by the Township S.E.O. upon installation or rehabilitation of the system and supporting documentation, reports of inspection and maintenance of the system, and other relevant information, and may conduct an on-site inspection. The applicant shall bear the cost of any inspection, surface or subsurface, and soil or wastes sampling conducted for the purposes of evaluating the request. The applicant shall receive a decision within 60 days of accumulation of all necessary information by the Township.
D. 
The required pumping frequency may be increased at the discretion of the authorized agent 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.
E. 
The pumper/hauler shall pump the septage and sewage from the septic tank or other subsurface waste disposal system tank only by means of pumping from/through the manhole/access port of the septic tank or other subsurface waste disposal system tank. The pumper/hauler is prohibited from pumping any septage or sewage from/through any inspection/observation port of the septic tank or other subsurface waste disposal system tank.
[Added 5-9-2013 by Ord. No. 2013-01]
F. 
Each time a septic tank or other subsurface waste disposal system tank is pumped out, the Township, its authorized agent, or a private septage pumper/hauler, whichever provides the service, shall provide to the owner of the subsurface waste disposal system a signed pumpers report/receipt containing at a minimum the following information:
(1) 
Date of pumping.
(2) 
Name and address of system owner.
(3) 
Address of tank's location, if different from owner.
(4) 
Description and diagram of the location of the tank, including the location of any markers, risers, and access hatches and size of the tank.
(5) 
The date existing system was installed.
(6) 
Last date of pump out.
(7) 
List of other maintenance performed.
(8) 
Any indications of system malfunction observed.
(9) 
Amount of septage or other solid or semisolid material removed.
(10) 
List of recommendations.
(11) 
Destination of the septage (name of the treatment facility.)
(12) 
Certification that the septic tank or other subsurface waste disposal system tank was pumped through the manhole/access port and was not pumped through any inspection/observation port.
[Added 5-9-2013 by Ord. No. 2013-01]
G. 
Copies of the pumper's report/receipt, must be received at the Township's business office within 30 days of the date of pumping. The pumper's report/receipt will include verification that the baffles in the septic tank have been inspected and found to be in good working order.
H. 
Any person owning a building served by an alternative system or on-lot sewage disposal system which contains an aerobic treatment tank or other tank with mechanical equipment necessary for its proper operation shall follow the operation and maintenance recommendations of the equipment manufacturer. 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. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those for those required for septic tanks.
I. 
Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks in § 349-9A.
J. 
The Township may require additional maintenance activity as needed, including, but not necessarily limited to, cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, etc. Regular permits issued by the certified S.E.O. must be secured for these activities.
K. 
Any person owning a residence or other building that is claimed to be served by a sewage disposal system that is not covered by the requirements of this article, or by a type of sewage disposal system that has no maintenance needs, or that is claimed not to have a sewage disposal system shall furnish written proof to Lower Windsor Township of the type of system in use, the method of sewage disposal if no system is claimed, or the lack of maintenance requirements for the system. Every residence or other building is presumed to be served by an on-lot sewage disposal system subject to the requirements of this article and any person claiming not to be covered by the requirements of this article shall have the burden of proving that he is not subject to such requirements.
[Added 5-12-2005 by Ord. No. 2005-03]
A. 
No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the Commonwealth of Pennsylvania unless a permit to discharge has been obtained from the DEP.
B. 
The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the owner shall make application to the Township's certified S.E.O. 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 shall set an extended completion date.
D. 
The Township's certified S.E.O. 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 or replacing the system's treatment tank, expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank, other alternatives as appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described in § 349-10D, the S.E.O. may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.
F. 
In the event that the rehabilitation measures in § 349-10A through E are not feasible or do not prove effective, the Township may require the owner to apply for a permit to construct a holding tank in accordance with the Township Holding Tank Ordinance.[1] Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
[1]
Editor's Note: See Art. II, Holding Tanks, of this chapter.
G. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.
The Township, upon written notice from the S.E.O. 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 article, shall have the authority to perform or contract to have performed the work required by the S.E.O. The owner shall be charged for the work performed and, if necessary, a municipal lien shall be entered therefor in accordance with law.
A. 
All septage pumper/haulers operating within the Township shall be licensed with the Township and shall comply with all reporting requirements established by the Township.
B. 
All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.
C. 
Septage pumper/haulers operating within the Township 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 to 6018.1003.) Any septage pumper/hauler who violates any of the provisions of this article or regulations of Lower Windsor Township, the conditions of its state permit, or of any state or local law governing its operation, shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs, and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 90 days, and/or subject to such penalties as are allowed and provided in 35 P.S. §§ 750.13 and 750.13a. If any pumper/hauler shall have been convicted on two occasions of any violation of this article, or for violating the conditions of its state permit, or of any state or local law governing its operation, the Board shall have the power to suspend said pumper/hauler from operating within the Township for a period of not less than six months or more than two years for each violation, as determined by the Township. Each day the violation continues shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a certified S.E.O., a C.E.O., a secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems shall become the property of the Township. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Township's OLDS Management Program shall be made available, upon request, for inspection by representatives of the DEP.
D. 
The Board shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Board may, by resolution, establish a fee schedule, and subsequently collect fees, to cover the cost to the Township of administering this program.
A. 
Appeals from decisions of the Township or its authorized agents under this article shall be made to the Board in writing within 45 days from the date of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Board at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.
C. 
A decision shall be rendered in writing within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the relief sought by the appellant shall be deemed granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with any provisions of this article shall be subject to a fine of not more than $1,000 and costs, or in default thereof shall be confined in the county jail for a period of not more than 90 days, and/or subject to such penalties as are allowed and provided in 35 P.S. §§ 750.13 and 750.13a. Each day of noncompliance shall constitute a separate offense.
If any section or clause of this article shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions which shall be deemed severable therefrom.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
This article shall become effective five days after date of enactment as provided by law.
[Adopted 10-9-2003 by Ord. No. 2003-05]
The purpose of this article is to establish procedures for the use and maintenance of existing and new holding tanks designed to receive and retain sewage whether from residential or commercial uses and it is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
AUTHORITY
Board of Supervisors of Lower Windsor Township, York County, Pennsylvania.
HOLDING TANK
A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a water-carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at another site.
IMPROVED PROPERTY
Any property 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 sewage shall or may be discharged.
MUNICIPALITY
Lower Windsor Township, York County, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
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 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.
That the Authority is hereby authorized and empowered to undertake within the Township the control and methods of holding tank use, sewage disposal and sewage collection and transportation thereof.
That the Authority 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.
All such rules and regulations adopted by the Authority 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 Authority 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.
A. 
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the Authority or a hauler licensed by Lower Windsor Township, 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. 
The Authority will receive, review and retain pumping receipts from permitted holding tanks.
C. 
The Authority will complete and retain annual inspection reports for each permitted tank.
The owner of an improved property that utilizes a holding tank shall:
A. 
Maintain the holding tank in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Authority and any administrative agency of the Commonwealth of Pennsylvania.
B. 
Permit only the Authority or its agent to inspect holding tanks on an annual basis.
C. 
Permit only the Authority, its agent or a hauler licensed by Lower Windsor Township to collect, transport, and dispose of the contents therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provisions of § 349-26 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $1,000 plus costs, and in default of said fine and costs to undergo imprisonment in the county prison for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of § 349-26 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court or competent jurisdiction.
All ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent herewith, be and the same are hereby repealed.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article. It is hereby declared as the intent of the Board of Supervisors of Lower Windsor Township, that this article would have been adopted had such constitutional, illegal or invalid sentence, clause, section or part thereof not been included therein.
This article shall become effective five days after its adoption.