[Adopted 4-20-2006 by Ord. No. 4.20.06]
A. 
This article shall be known and may be cited as "An ordinance governing municipal Management of On-lot Subsurface Sewage Disposal Facilities Ordinance."
B. 
In accordance with municipal codes, 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 Eldred Township 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 Eldred Township indicates that it's 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 regulation, inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit 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.
A. 
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
A sewage enforcement officer, employee of the Township, professional engineer, plumbing inspector, or any other qualified or licensed person who is authorized to function within specified limits as an agent of Eldred Township to administer or enforce the provisions of this article.
BOARD
The Board of Supervisors, Eldred Township, Lycoming County, Pennsylvania.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage from two or more lots, and the treatment and/or disposal of the sewage on one or more lots or at any other site.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of this commonwealth.
MALFUNCTION
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 groundwater 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.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage disposal systems, adopted and then approved by the Pennsylvania Department of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities Act.[1]
ON-LOT SEWAGE DISPOSAL SYSTEM (OSDS)
Any system for disposal of domestic sewage involving pretreatment and subsequent disposal of the clarified sewage into a subsurface soil absorption area or retaining tank; this term includes both individual sewage systems, community sewage systems and cesspools.
PERSON
Any individual, owner, renter, 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 section 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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
SEPTAGE HAULER
Any person registered with Eldred Township to remove septage or other solids from treatment tanks of OSDS holding tanks, privies, aerobic tanks, cesspools or any other sewage disposal facility within the Township.
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 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.[2]
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by DEP who is employed by the Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as may be provided for such person in the Sewage Facilities Act,[3] the rules and regulations promulgated thereunder and this article or any other ordinance adopted by the Township.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in the official sewage facilities plan adopted by the Board as an area for which a sewage management program is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this article, the Sewage Facilities Act, the Clean Streams Law,[4] the regulations promulgated thereunder and such other requirements adopted by or required of the Board to effectively enforce and administer this article.
SEWAGE PUMPING PERMIT/INSPECTION REPORT FORM
A completed inspection form made to the Township by a septage hauler providing service to an OSDS within the Township which at a minimum contains the name and address of the septage hauler, the name of the property owner, the address of the property upon which the OSDS is located, a description of all services performed by the septage hauler, a statement concerning the condition of the tank and inlet and outlet baffles, the location at which any sewage or solids removed from the OSDS will be disposed, a description of the condition of the OSDS, a statement noting whether any malfunctions of the OSDS were observed. The form shall expressly state the condition of the baffles and whether the septage hauler informed the landowner that the baffles should be replaced.
SUBDIVISION
The division or redivision of a lot, tract or other parcel of land in 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.
TOWNSHIP
The Township of Eldred in Lycoming County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.
[4]
Editor's Note: See 35 P.S. § 750.1 et seq. and 35 P.S. § 691.1 et seq., respectively.
B. 
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 and regulations promulgated thereto.
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 within Eldred Township.
A. 
No person shall install, construct or request bid proposals for construction, or alter an individual sewage system or community sewage system or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit from the sewage enforcement officer, which permit shall indicate that the site and the plans and specifications of such system are in compliance with the provisions of the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and the regulations adopted pursuant to those Acts.
B. 
No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by a sewage enforcement officer. 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. 
Applicants for sewage permits may be required to notify the sewage enforcement officer 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 the Sewage Facilities Act may be scheduled and performed by a sewage enforcement officer.
D. 
No building or occupancy permit shall be issued for a new building which will contain sewage generating facilities until a valid sewage permit has been obtained from a 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 either the structure's owner receives a permit 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 a sewage enforcement officer that such a permit will not be required. The sewage enforcement officer shall determine whether the proposed alteration or conversion of the structure will result in increase sewage flows.
F. 
Sewage permits may be issued only by a sewage enforcement officer. DEP shall be notified as to the identity of each sewage enforcement officer employed by Township.
A. 
The Township will be divided into three pumping groups based on alphabetical order. Residents in each district will be notified, in writing, by the Township of the need to pump their septic system and conduct an inspection.
B. 
Upon receipt of notification, resident shall pay an administrative fee as set by resolution of the Board of Supervisors to the Township and obtain a sewage pumping permit/inspection form from the Township office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Within seven months of receipt of notification, resident shall apply for a permit, pay the inspection fee, receive the permit from the Township, and have a registered and licensed hauler pump and inspect their septic system.
D. 
Resident shall provide one copy of the completed sewage pumping permit/inspection form to the Township within the seven-month period described above.
E. 
Approved septage hauler list will be kept on file at the Township office and provided to residents at the time they obtain their sewage pumping permit/inspection form.
A. 
Any on-lot sewage disposal system may be inspected by an authorized agent of the Township or the septage hauler retained by the property owner at any reasonable time as of the effective date of this article.
B. 
Such 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 the wastewater generated in the structure.
C. 
An authorized agent shall have the right to enter upon land for the purposes of inspections described in this article.
D. 
An initial inspection shall be conducted by the registered and licensed septage hauler or authorized agent within three years of the effective date of this article for the purpose of determining the type and functional status of each sewage disposal system in the Township. A sewage pumping permit/inspection form shall be furnished to the owner of each property inspected and a copy of said report shall be provided to the Township for its records.
E. 
The Township will be divided into three pumping groups based on alphabetical order. Residents in each district will be notified, in writing, by the Township of the need to pump their septic system and conduct an inspection.
F. 
An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the authorized agent shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of DEP including, but not limited to, those outlined in Chapter 73 of Title 25 of Pennsylvania Code or, is not technically or financially feasible in the opinion of the authorized agent and a representative of DEP, then action by the property owner to mitigate the malfunction shall be required.
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 (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and French drains.
A. 
Each person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified septage hauler within seven months of receipt of notification from the Township to pump the tank. Thereafter, that person shall have the tank pumped at least once every five years or whenever an inspection reveals that the septic tank is filled with solids, scum, and the like in excess of 1/3 of the liquid depth of the tank. Receipts from the septage hauler shall be submitted to the Township within the prescribed seven months and five-year pumping periods.
[Amended 5-6-2009 by Ord. No. 05.06.2009]
B. 
The required pumping frequency may be increased at the discretion of the Township or its 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. If any person can prove that such person's septic tank had been pumped within one year of the receipt of written notification, then that person's initial required pumping may be delayed to conform to the general five-year frequency requirement except where an inspection reveals a need for more frequent pumping frequencies.
[Amended 5-6-2009 by Ord. No. 05.06.2009]
C. 
Any person owning a property served by a septic tank shall submit, with each required pumping receipt, a completed sewage pumping permit/inspection form from the septage hauler to the Township.
D. 
Any person owning a building served by an on-lot sewage disposal system which 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 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 for aerobic treatment tanks exceed those required for septic tanks.
E. 
Additional maintenance activity may be required 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..
A. 
When a septic tank is pumped out and septage removed for disposal, the hauler responsible for septage removal shall fill out and sign the Eldred Township sewage pumping permit/inspection form containing the following:
(1) 
Date of pumping.
(2) 
Name and address of system owner.
(3) 
Size of tank.
(4) 
Any indication of system malfunction.
(5) 
Estimated amount of septage removed in gallons.
(6) 
Designated disposal area.
B. 
The property owner of any on-lot sewage disposal system must certify that the septage does not contained any substances or chemical compounds not considered sewage by definition in this article as defined in § 189-34.
C. 
The sewage pumping permit/inspection form shall be submitted to an authorized agent of Eldred Township to serve as proof of compliance with the requirement for septage removal in § 189-35 of this article. The system owner shall retain a copy and a copy shall be provided to the site or facility accepting the septage for disposal.
A. 
No person shall operate or maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry 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 unless a permit for such discharge has been obtained from DEP.
B. 
A written notice of violation shall be issued to any person who is the owner of any property which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make application to the sewage enforcement officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Township, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Township shall set an extended completion date.
D. 
A 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 disposal areas, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank, or any other alternative appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described in Subsection D above, a 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.
F. 
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to DEP for a single-residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 60 days.
G. 
Should none of the remedies described in this section be totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
The Township, upon written notice from a sewage enforcement officer that an imminent health hazard exists due to failure of 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 sewage enforcement officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefore in accordance with law.
A. 
All septage originating within the sewage management district shall be disposed of in accordance with requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 et seq.) and all other applicable laws and at sites or facilities approved by DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands.
B. 
Septage 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) and all other applicable laws.
A. 
The Township has the authority to fully utilize those powers it possesses through enabling statues and ordinances to effect the purpose of this article.
B. 
The Township has the authority to employ qualified individuals to carry out the provisions of this article. Those employees may include a sewage enforcement officer and may include an administrator and such other persons as may be necessary. 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 materials relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the Township shall become the property of, and be maintained by, the Township. Existing and future records shall be available for public inspection during regular business hours at the official office of the Township. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the sewage management program shall be made available, upon request, for inspection by representatives of DEP.
D. 
The Township Board shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Township Board has established a fee of $15 to cover the cost to the Township of administering this program.
A. 
Appeals from final decisions of the Township or any of its authorized agents under this article shall be made to the Board os Supervisors, in writing, within 30 days from the date of written notification of the decision in question. Said fee will be $500.
B. 
The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting, if a written 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 next regularly scheduled meeting. The municipality 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 30 days of the date of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with any provision of this article shall be subject to a fine of not less than $500 and not more than $5,000 per day of violation, and costs and attorney fees, or, in default thereof, shall be confined in the county jail for a period of not more than 90 days or as otherwise authorized by law. Each day of noncompliance shall constitute a separate offense.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
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.