[Ord. No. 7-2004, 12/14/2004]
1.
This Part shall be known and may be cited as "An ordinance providing
for a Sewage Management Program for Sugarloaf Township Luzerne County,
Pennsylvania."
2.
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 Sugarloaf Township,
hereafter called "Township," to provide for adequate sewage treatment
facilities and for the protection of the public health by presenting
the discharge of untreated or inadequately treated sewage. The Official
Sewage Facilities Plan Revision for the Township indicates that it
is necessary to formulate and implement a sewage management program
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.
3.
The purpose of this Part 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.
[Ord. No. 7-2004, 12/14/2004]
1.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this Part, the following terms shall have the meanings
indicated:
A sewage enforcement effect, 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 the Township to administer or enforce the provisions of this Part.
The Board of Supervisors, Sugarloaf Township, Luzerne 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.
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 or disposal or both of the sewage
on one or more of the lots or at another site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
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.
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.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.[1]
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the classified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
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]
A person certified by DEP who is employed by the Township.
Such 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] or the rules and regulations promulgated thereunder and
this or any other ordinance adopted by the Township.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Township as an area for which
a sewage management program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part, the Sewage Facilities
Act,[4] the Clean Streams Law,[5] the regulations promulgated thereunder and such other
requirements adopted by the Township to effectively enforce and administer
this Part.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
Sugarloaf Township, Luzerne County, Pennsylvania.
2.
For the purposes of this Part, any term which is not defined herein
shall have that meaning attributed to it under the Sewage Facilities
Act and the regulations promulgated thereto.
[Ord. No. 7-2004, 12/14/2004]
From the effective date of this Part, its provisions shall apply
in any portion of the or Township identified in the Official Sewage
Facilities Plan as a sewage management district. Within such an area
or areas, the provisions of this Part 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.
[Ord. No. 7-2004, 12/14/2004]
1.
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[1] and the Pennsylvania Sewage Facilities Act[2] and the regulations adopted pursuant to those acts.
2.
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.
3.
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.
4.
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.
5.
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 increased
sewage flows.
6.
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Township. The DEP shall be notified as to the identity
of each Sewage Enforcement Officer employed by the Township.
[Ord. No. 7-2004, 12/14/2004]
1.
Any on-lot sewage disposal system may be inspected by an authorized
agent at any reasonable time as of the effective date of this Part.
2.
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 wastewater generated in the structure.
3.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section.
4.
An initial inspection shall be conducted by an authorized agent within
one year of the effective date of this Part for the purpose of determining
the type and functional status of each sewage disposal system in the
sewage management district. A written report shall be furnished to
the owner of each property inspected, and a copy of said report shall
be maintained in the Township records.
5.
Every three years, each property owner shall be required to submit
an invoice from a "honeydipper" firm showing that the septic tank
has been pumped. In addition, the Township will randomly inspect sewage
systems every three years to assure the proper functioning of the
sewage systems in the sewage management district. Those property owners
who do not provide proof of pumping will be inspected within 60 days
after the three-year period expires.
6.
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 the 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.
7.
There may arise geographic areas where numerous on-lot sewage disposal
systems are malfunctioning. A resolution of these area wide problems
may necessitate detailed planning and a revision to the portion of
the sewage facilities plan pertaining to areas affected by such malfunctions.
When a DEP-authorized Official Sewage Facilities Plan Revision has
been undertaken, mandatory repair or replacement of individual malfunctioning
sewage disposal system that is within the area affected by the revision
may be delayed, pending the outcome of the plan revision process.
However, immediate corrective action may be compelled whenever a malfunction,
as determined by Township officials and/or the Department, represents
a serious public health or environmental threat.
[Ord. No. 7-2004, 12/14/2004]
1.
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 non-domestic 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.
[Ord. No. 7-2004, 12/14/2004]
1.
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 pumper/hauler within six months of the effective date
of this Part. Thereafter, that person shall have the tank pumped at
least once every three years or whenever an inspection reveals that
the septic tank is filled with solids or with scum in excess of 1/3
of the liquid depth of the tank. Receipts from the pumper/hauler shall
be submitted to the Township within the prescribed six-month and three-year
pumping periods.
2.
The required pumping frequency may be increased at the discretion
of an 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 three years of the six-month anniversary
of the effective date of this Part, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement except where an inspection reveals a need for
more frequent pumping frequencies.
3.
Any person owning a property served by a septic tank shall submit,
with each required pumping receipt, a written statement, from the
pumper/hauler or from any other qualified individual acceptable to
the Township that the baffles in the septic tank have been inspected
and found to be in good working order. Any person whose septic tank
battles are determined to require repair or replacement shall first
contact a Sewage Enforcement Officer for approval of the necessary
repair.
4.
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 Part. Thereafter, service receipts shall
be submitted to the Township or 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.
5.
Any person owning a building served by a cesspool or dry well in
an area of numerous malfunctions or in an area where a repair is not
technically feasible shall have that system pumped according to the
schedule prescribed for septic tanks to mitigate potential pollution.
As an alternative to this scheduled pumping of the cesspool or dry
well, and pending any scheduled replacement of the substandard system
as identified in the Official Sewage Facilities Plan, the owner may
apply for a sewage permit from a Sewage Enforcement Officer for a
septic tank to be installed preceding the cesspool or dry well. For
this interim repair 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.
6.
Additional maintenance activity may be required as needed, including,
but not necessarily limited to, leveling of distribution boxes, tanks
and lines, removal of obstructing roots or trees, the diversion of
surface water away from the disposal area, etc.
[Ord. No. 7-2004, 12/14/2004]
1.
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.
2.
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.
3.
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
or 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.
4.
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 area, 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.
5.
In lieu of or in combination with, the remedies described in Subsection 4 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.
6.
In the event that the rehabilitation measures in Subsections 1 through 5 are not feasible or effective, the owner may be required to apply to DEP for a permit to install an individual spray irrigation treatment system or a single-residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
7.
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.
[Ord. No. 7-2004, 12/14/2004]
The Township, upon written notice from a 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 disposal
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.
[Ord. No. 7-2004, 12/14/2004]
1.
All septage originating within the sewage management district shall
be disposed of in accordance with the 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 farmlands.
2.
Pumper/haulers of septage operating within the sewage management
district 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.
[Ord. No. 7-2004, 12/14/2004]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
2.
The Township shall employ qualified individuals to carry out the
provisions of this Part. Those employees shall 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
Part.
3.
All permits, records, reports, files and other written material relating
to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems in the sewage management district 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 the Pennsylvania Department of Environmental Protection.
4.
The Township shall establish all administrative procedures necessary
to properly carry out the provisions of this Part.
5.
The Township may establish a fee schedule, and authorize the collection
of fees, to cover the cost to the Township of administering this program.
[Ord. No. 7-2004, 12/14/2004]
1.
Appeals from final decisions of the Township or any of its authorized
agents under this Part shall be made to the Township, in writing,
within 30 days of the date of written notification of the decision
in question.
2.
The appellant shall be entitled to a hearing before the Township
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 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.
3.
A decision shall be rendered, in writing, within 30 days of the date
of the hearing.
[Ord. No. 7-2004, 12/14/2004]
Any person failing to comply with any provision on this Part
shall be subject to a fine of not less than $100, and costs, and not
more than $300, and costs, or in default thereof shall be confined
in the county jail for a period of not more than 30 days. Each day
of noncompliance shall constitute a separate offense.
[Ord. No. 7-2004, 12/14/2004]
All ordinances or parts of ordinances inconsistent with the
provisions of this Part are hereby repealed to the extent of such
inconsistency.
[Ord. No. 7-2004, 12/14/2004]
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.
