[Added 10-10-1988 by Ord. No. 412, approved 10-10-1988]
The purpose of this article is to provide for an inspection by a municipal authorized agent of all on-lot disposal waste systems, including holding tanks, to establish a schedule for routine maintenance by periodic pump-out of malfunctioning systems; to further permit the municipality to intervene in situations which are public nuisances or hazardous to public health; and to remedy Borough sewage conditions to ensure municipal compliance with the Pennsylvania Sewerage Facilities Act (Act 537), as amended,[1] and other health and safety laws.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A. 
As used in this article, the following terms shall have the meanings indicated:
ALTERATION
The repair, modification or replacement of any component of an on-lot waste disposal system.
AUTHORIZED AGENT
A certified Sewage Enforcement Officer, professional engineer, plumbing inspector, soils scientist or any other qualified or licensed person who is delegated to function within specified limits as the agent of the municipality to carry out the provision of this article.
ON-LOT WASTE DISPOSAL SYSTEM
All individual sewage systems, community sewage systems and holding tanks as defined in Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department of Environmental Protection.
OWNER
Any natural person, corporation, partnership or any approved subdivision. If the owner does not live in said building, he/she/it remains responsible for complying with this article.
SEWAGE PERMIT
Proof or evidence that the proposed on-lot waste disposal system for a realty improvement is in compliance with Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department of Environmental Protection, and/or any ordinances of this Borough regulating on-lot waste disposal.
B. 
All other definitions or 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.
The owner of any building serviced by an on-lot waste disposal system within this Borough shall be subject to all of the requirements contained herein.
A. 
The Code Enforcement Officer (CEO), of the Borough of Athens shall not issue a building permit for a new building to be serviced by an on-lot waste disposal system nor issue a permit for conversion of the use or expansion of use of an existing building prior to receiving from the Sewage Enforcement Officer either:
(1) 
A sewage permit authorizing the installation or rehabilitation of said system; or
(2) 
A written report from the Sewage Enforcement Officer advising the CEO that the expansion or conversion will not result in a greater sewage flow.
B. 
On the completion of any required work, the CEO of the Borough shall cause the Sewage Enforcement Officer to verify that the installation is complete and complies with state and local regulations.
Privately owned small community systems, including but not limited to nursing homes and boarding homes, are subject to the same requirements of this article as individual on-lot waste disposal systems. In addition, the owner shall provide the Borough with a list of names and addresses of all participants in the small community systems.
An on-lot waste disposal system is malfunctioning when it causes pollution of groundwater or surface water, contamination of private or public drinking water supplies, nuisance problems or a hazard to the public health. Indications of a malfunctioning system include, but are not limited to, foul odors, backup of wastewater into the attached building or surfacing sewage effluent flowing over the ground, occurring at any time of the year.
A. 
Any on-lot waste disposal systems may be inspected by the municipality or its authorized agent as of the effective date of this article. Such inspection may occur in different months of the year and shall include inspection of the septic tank, aerobic tank, disposal field, distribution box and any other component of the system, etc. Inspection may include sampling of surface water on or adjacent to the property and groundwater from active or inactive wells used for potable water supply or from monitoring wells in and around the disposal field. In addition to any authority possessed by the municipality's authorized agent to regulate sewage, said agent shall have the further expressed authority to require the property owner to install water conservation devices in buildings where such measures are deemed necessary to minimize or eliminate system malfunctions.
B. 
The municipality may instruct the Sewage Enforcement Officer to inspect if the system is presently malfunctioning, if maintenance reveals a malfunctioning system, if the system has malfunctioned in the past, if tank pump-out is required more frequently (see § 418-76), if seasonal use will significantly increase use of the system, if the number of people using the system increases, and for other good cause shown. A system owner can appeal from increase in the frequency of inspection through the administrative appeal process detailed in § 418-84.
C. 
A copy of the inspection report shall be furnished to the owner and shall contain: the date of inspection, the name and address of the system owner, a description and diagram of the location of the system, including the location of access hatches, risers and markers, the size of the tank and disposal field, all soil and water tests and required remedial action. Within 10 days of receipt of an inspection report indicating a malfunction, the owner shall apply to the Borough Sewage Enforcement Officer (SEO) for a permit to rehabilitate the malfunctioning system pursuant to the provisions of § 418-77 of this article.
A. 
It is required that the septic tank of subsurface waste disposal systems shall be pumped out within one year after the effective date of this article and every three years thereafter. Aerobic treatment tanks shall be pumped and serviced as recommended by the manufacturer but at no less frequent intervals as set forth above.
B. 
The municipality may require septic tanks or aerobic tanks to be pumped out at more frequent intervals for proper operation of the system if it finds that the system is malfunctioning, that the system has malfunctioned in the past, that seasonal use will significantly increase use of the system and that the number of people using the system has increased.
C. 
Each property owner shall submit to the Borough Secretary pumping receipts as verification of compliance with the required schedule.
D. 
The municipality may require other maintenance activity during regular scheduled pump-out of the septic tank or holding tank, such as cleaning and unclogging of pipelines connecting the tank and disposal field and cleaning of the distribution box and mechanical equipment.
E. 
The property owners of on-lot septic systems or septic tanks that require the sewage to be disposed of at the Valley Joint Sewer Authority Plant shall pay established fees for the disposal of their sewage to cover the cost of the charges from the Valley Joint Sewer Plant and administrative fees of the Borough in an amount per disposal as set by Borough Council. Said payment shall be made to the Borough of Athens. The Borough Council reserves the right to adjust the fees by resolution based on any increase and/or decrease in fees from the Valley Joint Sewer Authority.
[Added 9-9-2013 by Ord. No. 659, approved 9-9-2013; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any owner of developed land within the Borough which is serviced by a subsurface sewage disposal system containing either a substandard septic tank or no septic tank shall secure a permit for installation of a septic tank from the SEO within six months from the effective date of the Article.
B. 
Any on-lot waste disposal system or component thereof which is found to be malfunctioning and causing pollution of ground or surface waters or contamination of private or public wells or which poses a hazard to the public health, will be repaired, modified or replaced pursuant to the order of the municipality or its authorized agent to correct the condition which caused the malfunction. No repair or rehabilitation shall be undertaken prior to the issuance of a sewage permit by the Borough SEO. Rehabilitation shall be performed in accordance with Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulation, Department of Environmental Protection. The SEO shall inspect rehabilitation and certify compliance with the state and local standards.
C. 
The municipality shall have the authority to order the repair of any existing on-lot waste disposal system, including but not limited to the installation of a new conventional drainage field, the construction of elevated sand mounds to replace an existing disposal field, holding tanks, the addition of dosing tanks and distribution boxes to the system, the replacement of any component of the system, water conservation devices and the replacement of an existing septic system with a completely different system such as an aerobic system or waterless toilet. The municipality shall also have the authority to require two or more buildings serviced by malfunctioning septic tanks and subsurface drainage fields to hook up to a small community system.
D. 
Rehabilitation of on-lot waste disposal systems ordered by the municipality shall commence construction within 10 days of issuance of said permit and shall be completed within 60 days unless seasonal or unique conditions mandate a longer period, in which case the Borough SEO shall set the extended completion date.
E. 
The owner of an on-lot waste disposal system shall not undertake any independent repair, modification or replacement of the system without a sewage permit.
F. 
The municipality may apply for federal and state grants, if available, to be used for the rehabilitation of on-lot waste disposal systems.
If inspection pursuant to this article shall disclose either the absence of an on-lot waste disposal system, including direct discharge of waste into the Borough storm sewer or other waterway, or a waste disposal system using a cesspool which is contaminating any water supply or otherwise malfunctioning, the Borough or its agent shall furnish the owner an inspection report notifying the owner of the condition and directing the owner to take immediate action to install an on-lot waste disposal system and shall apply to the Borough SEO for a permit to install the same in accordance with the provisions of this article and Chapter 73, Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations, Department of Environmental Protection.
Only normal domestic wastes shall be discharged into the on-lot waste 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, paint, paint thinner, herbicides and solvents.
A. 
Employees and authorized agents/personnel of the municipality shall, on presentation of proper credentials and identification, be allowed access to any Borough property for purposes of observation, sampling, maintenance and rehabilitation of on-lot waste disposal systems in accordance with the provisions of this article.
B. 
Any real property on which an on-lot waste disposal system is presently under construction or is to be constructed in the future shall not be conveyed by the developer without the inclusion of an easement in the deed granting to the municipality the right to enter upon the property for purpose of inspection, observations, sampling, maintenance and rehabilitation of the system and any other activities necessary to effectuate the provisions of the Article. A copy of the deed which is filed in the County Recorder of Deeds office shall be obtained and sent to the municipality by the Tax Collector of the Borough.
Septage originating within the municipality and disposed of in the municipality or removed from the municipality shall be disposed at sites or facilities approved by Pennsylvania Department of Environmental Protection and operated in accordance with state regulations. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plant, compositing sites and on approved farmlands.
The municipality, upon written notice from the SEO that an imminent health danger exists due to failure of a property owner to repair, maintain or install a subsurface sewage system as provided under the terms of this article, shall have the authority to contract to have the SEO specified work completed and charge the landowner for the work performed and enter a lien therefor in accordance with law.
A. 
Personnel. It shall be the duty of the SEO to oversee the inspection and maintenance of faulty on-lot septic systems, to bring complaints and suggestions to the Sewage Committee of Council and to carry out the provisions of this article.
B. 
Records.
(1) 
All permits, records, reports, files and other written material relating to the installation, operation, maintenance, tank pumpings, on-lot management activities and malfunctioning of subsurface waste disposal systems and/or alternative systems in the municipality in the possession of the Borough SEO or other public agency shall become the property of the municipality.
(2) 
Existing and future records in the possession of the municipality shall be available for public inspection during regular business hours at the municipal office.
A. 
Appeals from decisions of municipal employees or authorized agents under this article shall be made to the municipality in writing within 30 days from the date of the decision.
B. 
The appellant shall be entitled to a hearing before the Borough Council at its next regularly scheduled meeting if it receives the appeal at least 14 days prior to the meeting. If made within 14 days of the next meeting, the appeal shall be heard the following month at the subsequent meeting. The municipality shall thereafter reverse, modify or affirm the aforesaid decision. The hearing may be postponed for 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 within 30 days of the date of hearing. If a decision is not rendered within 30 days, the relief sought by the appellant shall be deemed granted.
[Amended 3-9-1998 by Ord. No. 513, approved 3-9-1998; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, partnership or corporation failing to comply with the provisions of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.