[Adopted 11-9-2020 by Ord. No. 2020-02[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of Ord. No. 2004-04, adopted 7-12-2004.
A. 
This Part shall be known and may be cited as the "On-Lot Sewage Management Program for Borough of Mount Holly Springs."
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 the Borough of Mount Holly Springs indicates that it will 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 Part is to provide for the inspection, maintenance and rehabilitation of on-lot sewage systems; to further permit the Borough to intervene 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.
A. 
General terms. In the interpretation of this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Specific terms. For the purposes of this Part, the terms used shall be construed to have the following meanings:
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966 (1965 P.L. 1535, No. 537), as amended, 35 P.S. § 750.1 et seq. Also referred to as "Act 537."
ALTERNATE SEWAGE SYSTEM
A demonstrated method for the treatment and disposal of sewage that meet the criteria in 25 Pa. Code § 73.72, and are described in the Alternate Systems Guidance published by DEP. Examples include composting toilets, sand filter and peat based systems, greywater systems, and drip irrigation systems.
AUTHORITY
The Mount Holly Springs Borough Authority of the Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
AUTHORIZED AGENT
A certified 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 Council of the Borough of Mount Holly Springs to carry out the provisions of this Part.
BOROUGH
The Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
CESSPOOL
An underground container for waste matter; a covered underground tank or well for the collection of waste matter and water, especially sewage.
CODES ENFORCEMENT OFFICER (CEO)
An individual employed by the Borough to administer and enforce other ordinances in the Borough.
COMMUNITY SEWAGE SYSTEM
A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, 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 another site.
COUNCIL
The Council of the Borough.
DEP or DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
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 375 gallons per day.
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 into 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 that occurs when an on-lot sewage system discharges sewage onto the surface of the ground, into the groundwater or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health for any length of time during any time of the year. 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, and surfacing sewage effluent flowing over the ground.
MUNICIPALITY
Borough of Mount Holly Springs, Cumberland County, Pennsylvania.
OFFICIAL PLAN
A Comprehensive Plan for the provision of adequate sewage systems adopted by the Borough and approved by the Department in accordance with Act 537 and with applicable Department regulations.
ON-LOT SEWAGE SYSTEM
Any sewage system that uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
OWNER
Any person, corporation, partnership, etc., holding deed/title to lands and/or property within the Borough of Mount Holly Springs.
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 Part, 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 Borough Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
PUMPER/HAULER
Any person, company, partnership or corporation that engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems. All pumper/haulers shall be registered prior to conducting sewage management activities within the Borough.
REFERENCE SOURCE
All other definitions of words and terms used in this Part shall have the same meaning as set forth in Chapters 71, 72, and 73 of Title 25, Environmental Protections, Rules and Regulations, Department of Environmental Protection.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage 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 fails or otherwise becomes inoperable and which shall meet all the regulations of the Department and all applicable Borough 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 Cumberland County Recorder of Deeds.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes a chemical toilet, holding tank, privy, incinerating toilet, composting toilet or recycling toilet.
SEWAGE
Any substance that contains the waste products or excrement or other discharge from the bodies of human beings or 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.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the Pennsylvania Department of Environmental Protection in accordance with Chapter 71, Administration of Sewage Facilities Program, of Title 25, Rules and Regulations, to perform percolation tests, site and soil evaluation, and issue sewage permits for on-lot sewage systems. The Sewage Enforcement Officer of the Borough.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment, and disposal that 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 and disposal of sewage.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Borough designated in the 537 Plan adopted by the Council as an area where sewage management is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements, including this Part, the Act, the Clean Streams Law, and all regulations and requirements adopted by the Council to enforce and administer this Part. The management program shall encompass the entire area of the Borough of Mount Holly Springs served by on-lot sewage systems or any alternate systems which discharge into the soils of the Borough. All systems shall be operated and maintained under the jurisdiction of the Borough of Mount Holly Springs Council regulating on-lot systems and/or alternate systems, and other applicable laws of this commonwealth.
SUBDIVISION
A division of a lot, tract or other parcel of land 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.
From the effective date of this Part, its provisions shall apply to all persons owning any property served by an on-lot sewage system and to all persons installing or rehabilitating on-lot sewage systems. The entire Borough is, therefore, included in the management program.
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 indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act and the standards adopted pursuant to that Act.
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 Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer 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 Sewage Enforcement Officer.
C. 
The Borough may require applicants for sewage permits to notify the Borough's Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sewage system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the Borough's Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued by the Borough or its Codes Enforcement Officer for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the Borough's Sewage Enforcement Officer.
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 Borough's Codes Enforcement Officer and the structure's owner receive from the Borough's Sewage Enforcement Officer either a permit for alteration or a replacement of the existing sewage system or written notification 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 (SEO) employed by the Borough for that express purpose. The Department of Environmental Protection shall be notified by the Borough as to the identity of their currently employed Sewage Enforcement Officer.
G. 
No sewage permit may be issued unless proof is provided that the owner of record has owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the Borough.
H. 
No final Act 241 approval on a subdivision plan may begin until Act 537 planning is approved by the Borough.
Any person who shall install new or rehabilitated systems shall provide a marker or markers at ground level locating the septic tank and other subsurface components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Borough's Sewage Enforcement Officer. In addition, a riser or access hatch shall be constructed so as to enable easy access to the septic 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 Borough or its authorized agent, such installation shall be subject to its approval.
A. 
Any on-lot sewage system may be inspected by the Borough's authorized agent at any reasonable time as of the effective date of this Part.
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 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. The owner will bear the cost of the inspection and the analysis of any sample(s). A copy of the inspection report shall be furnished to the owner and current resident which shall include all of the following information that is reasonably available to the individual or agency responsible for inspecting the system:
(1) 
Date of inspection.
(2) 
Name and address of system owner.
(3) 
Description and diagram of the location of the system, including location of access hatches, risers, and markers.
(4) 
Size of tanks and absorption area.
(5) 
Current occupant name and number of users.
(6) 
Indication of any system malfunction observed.
(7) 
Results of any and all soils and water tests.
(8) 
Any remedial action required.
C. 
The Borough's authorized agent shall have the right to enter upon land 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 Council for action.
(2) 
The Council may schedule a review at the next scheduled meeting of the Council or, if the situation threatens the health or safety of the residents of the Borough, the Council may commence a 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 Borough shall be accompanied by an officer of the County or State Police, and the inspection shall be completed in accordance with this subsection.
(4) 
The provisions of this subsection for obtaining a search warrant may be waived only when the Borough Council and its authorized agents 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 Borough, if necessary, to ensure the proper function of the systems in the Borough.
E. 
The Borough's authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Borough shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the Borough and a representative of the Pennsylvania Department of Environmental Protection, action by the property owner to mitigate the malfunction shall be required.
F. 
There may arise geographic areas within the Borough where numerous on-lot sewage systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Borough-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 Borough, mandatory repair or replacement of individual malfunctioning sewage systems within the study area may be delayed, at the discretion of the Borough, pending the outcome of the plan revision process. However, the Borough may compel immediate corrective action whenever a malfunction, as determined by Borough officials and the Pennsylvania DEP, represents a serious public health or environmental threat.
G. 
Inspections may be conducted as a result of a written complaint submitted by a resident of the municipality to the Borough or Borough's authorized agent. Persons providing a written complaint shall be required to sign a False Swearing Statement.
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. 
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, 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.
A. 
All pumpers/haulers who empty tanks or service on-lot sewage disposal systems within the Borough of Mount Holly Springs shall complete such forms, provide such information, pay such fees and comply with all requirements as may be set forth by ordinance of the Council or by resolution of the Council or the Authority.
B. 
Any person owning a building served by an on-lot sewage disposal system that contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler. The septic tank shall be pumped at least once every three years, upon notice to do so or whenever an inspection reveals that the septic tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank. Reports from the pumper/hauler shall be submitted to the Borough's authorized agent. If the owner can provide certification by a pumper/hauler, or inspection by the Borough's authorized agent indicates, that the septic tank was pumped within five years of the initial or subsequent scheduled pumping, the initial or subsequent pumping schedule may be altered accordingly, but in no case shall the initial or next scheduled pumping exceed three years from the prior pumping.
C. 
Pumping frequency.
(1) 
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.
(2) 
The Borough may allow septic tanks to be pumped at less frequent intervals after the initial pumping if the owner can demonstrate to the Borough that the system can operate properly without the need for pump-out for a period longer than three years. Such a request may be made at any time and must be in writing with all supporting documents attached. The Borough, in making its determination, shall take into account the information submitted by the applicant, the sewerage permit issued by the Borough Sewage Enforcement Officer upon installation or rehabilitation of the system and supporting documentation, reports of inspection and maintenance of the system, including documentation that the sludge depth and/or scum layer is less than 1/3 of the tank capacity as determined by a registered hauler, 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 90 days of accumulation of all necessary information by the Borough.
D. 
(1) 
Any person owning a property served by a septic tank shall obtain, with each pumping receipt, a written statement from the pumper/hauler, or from any other qualified individual acceptable to the municipality, that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact the municipality's certified Sewage Enforcement Officer for approval of the necessary repair.
(2) 
Each time a septic tank or other subsurface waste disposal system tank is pumped out, the Borough, its authorized agent, or a private septage waste hauler, whichever provides the service, shall provide to the owner of the septic tank or other subsurface waste disposal system a signed receipt containing the following information:
(a) 
Date of pumping.
(b) 
Name and address of system owner.
(c) 
Address of tank's location, if different from owner's address.
(d) 
Description and diagram of the location of the tank, including the location of any markers, risers, and access hatches and size of the tank.
(e) 
Age of the system.
(f) 
Last date of pump-out.
(g) 
List of other maintenance performed.
(h) 
Any indications of system malfunction observed.
(i) 
Amount of septage or other solid or semisolid material removed.
(j) 
Cost of the pumping service.
(k) 
Waste hauler's state license number permitting it to collect and haul septage in Pennsylvania.
(l) 
List of recommendations.
(m) 
Destination of the septage (name of facility, location of land application site).
(n) 
A copy of the pumper's report or receipt must be received at the municipal office within 30 days of the date of the pumping.
E. 
Any person owning a building served by an alternative system or on-lot sewage disposal system that contains an aerobic treatment tank 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 Borough within six months of the effective date of this Part. Thereafter, service receipts shall be submitted to the Borough at the intervals specified by the manufacturer's recommendations. In no case may the service or inspection intervals exceed those for those required for septic tanks.
F. 
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 under Subsection B. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the certified Sewage Enforcement Officer for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval.
G. 
The Borough 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 absorption area, etc. Repair permits issued by the certified SEO may be required for these activities, as applicable.
A. 
Any person desiring to perform soil fracturing or use of the terra lift procedure on any portion of an on-lot sewage disposal system shall provide written notification to the SEO at least 48 hours prior to commencement of such work. The SEO shall review the information submitted to determine whether the proposed work is maintenance and exempt from permit requirements or is a repair, alteration or modification which requires a permit pursuant to § 425-54. The SEO shall notify the applicant within such forty-eight-hour period if the applicant must obtain a permit.
B. 
The Borough shall issue a written notice of violation to any person who is the owner of a property in the Borough which is found to be served by a malfunctioning on-lot sewage system or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Borough that a malfunction has been identified, the property owner shall make applications to the Borough's Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the municipality, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Borough, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Borough shall set an extended completion date.
D. 
The Borough's Sewage Enforcement Officer 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 absorption area, replacing the existing absorption 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 above, the Sewage Enforcement Officer 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 are not feasible or do not prove effective, the Borough may require the owner to apply for a permit to install a holding tank in accordance with Borough ordinance. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage system, the property owner is not absolved of responsibility for that malfunction. The Borough may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it believes necessary.
The municipality, upon written notice from the Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage system as provided under the terms of this Part, shall have the authority to perform or contract to have performed, the work required by the Sewage Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefor in accordance with law.
A. 
All septage pumper/haulers operating within the Borough shall be registered with the Borough and shall comply with all reporting requirements established by the Borough.
B. 
All septage originating within the Borough shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands. All registered pumpers shall:
(1) 
Complete a pumper's report and provide a copy thereof to the landowner and the Borough for each tank pumped.
(2) 
Provide the Borough a quarterly summary detailing each tank pumped, the date of pumping, the fee received therefor and disposal site for the septage.
(3) 
Provide licensing fee, as applicable, quarterly to the Borough.
C. 
Septage pumper/haulers operating within the Borough shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§  6018.101–6018.1003). Any septage pumper/hauler who violates any of the provisions of this Part or regulations of the Borough of Mount Holly Springs, 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 30 days. If any pumper/hauler shall have been convicted on two occasions of any violation of this Part, or for violating the conditions of its state permit, or of any state or local law governing its operation, the Council shall have the power to suspend said pumper/hauler from operating within the Borough for a period of not less than six months nor more than two years for each violation, as determined by the Borough. Each day the violation continues shall constitute a separate offense.
A. 
The Borough shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part.
B. 
The Borough shall employ qualified individuals to carry out the provisions of this Part. Those employees shall include a certified Sewage Enforcement Officer and may include a Codes Enforcement Officer, Secretary, Administrator or other persons as required. The Borough may also contract with private qualified persons or firms as necessary to carry out the provisions of this Part.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage systems in the Borough shall become the property of the municipality. Existing and future records shall be available for public inspection during required business hours at the Borough office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the municipality's sewage management program shall be made available, upon request, for inspection by representatives of the Pennsylvania Department of Environmental Protection.
D. 
The Borough Council shall establish all administrative procedures necessary to properly carry out the provisions of this Part.
E. 
The Council may establish a fee schedule, and subsequently collect fees, to cover the cost to the Borough of administering this program.
A. 
Appeals from decisions of the Borough or its authorized agents under this Part shall be made to the Borough Council, in writing, within 45 days from the date of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Council, 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 Borough shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the municipality. 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 release sought by the appellant shall be deemed granted.
A. 
Any person failing to comply with any provisions of this Part 3 shall be given notice by the municipality of the noncompliance.
B. 
Any person failing to comply with any provisions of this Part 3 shall be subject to a fine of not less than $100 and not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Nothing herein shall be construed to limit the municipality from pursuing any and all other remedies available to it for violations under this Part, which remedies shall be considered cumulative.
All ordinances or parts of ordinances inconsistent with the provisions of this Part 3 are hereby repealed to the extent of such inconsistency.
If any section or clause of this Part shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions, which shall be deemed severable therefrom.