[HISTORY: Adopted by the Board of Supervisors of the Township of Barrett as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-1997 by Ord. No. 119]
A. 
This article shall be known and may be cited as "An Ordinance Providing for a Sewage Management Program for Barrett Township, Monroe County, Pennsylvania."
B. 
In accordance with municipal codes, 53 P.S. § 66517, the Clean Streams Law (Act of June 27, 1937, P.L. 1987., No. 394, as amended, 35 P.S. §§ 691.1 through 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 duty of Barrett 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 Barrett Township Official Wastewater Management Plan, as revised April of 1995 and as adopted on September 13, 1995 at resolution No. 95-16, indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
C. 
The purpose of this article is to provide for the 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:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act."
AUTHORIZED AGENT
Any person who is delegated by the municipality to function within specified limits as the agent of the municipality to carry out the provisions of this article.
BOARD
The Board of Supervisors, Barrett Township, Monroe 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 a sewage disposal system discharges sewage onto the surface of the ground, or into groundwaters of this commonwealth, or 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 by the Board and approved by the Pennsylvania Department of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities Act.[1]
ON-LOT SEWAGE DISPOSAL SYSTEM
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 and community sewage systems.
PERSON
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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
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 Steams 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 chapter 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 the Board to effectively enforce and administer this article.
SUBDIVISION
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.
TOWNSHIP
The Township of Barrett, Monroe 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[5] and the regulations promulgated thereto first; if not defined therein, then the term shall have the meaning as defined in the Barrett Township Code of Ordinances; if not defined therein, and as defined under the Pennsylvania Second Class Township Code[6] and/or the Municipal Planning Code.[7] If not defined therein, then the term shall have the meaning as defined under Pennsylvania law. If not defined under Pennsylvania law, or such definition is inapplicable, then its ordinary and common meaning.
[5]
Editor's Note: See 35 P.S. § 750.1 et seq.
[6]
Editor's Note: See 53 P.S. § 65101 et seq.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
Form the effective date of this article, its provisions shall apply in any portion of the Township identified in the Barrett Township Official Wastewater Management Plan, as revised April of 1995 and as adopted on September 13, 1995 at resolution No. 95-16, as a sewage management district. Within such an area or areas, 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.
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 Office. Any permit issued shall indicate that the site, plans and specifications of such system are in compliance with the provisions of the Clean Streams Law, the Pennsylvania Sewage Facilities Act[1] and the regulations adopted pursuant to those acts.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq. and 35 P.S. § 750.1 et seq., respectively.
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 Sewage Enforcement Officer. If five business days have elapsed since the Sewage Enforcement Officer issuing the permit received written notification of completion of construction and no inspection has occurred, the Sewage Enforcement Officer must be given another written notification of the completion of construction. If the Sewage Enforcement Officer does not inspect the system within 72 hours of the second written notice, excluding Sundays and holidays, without giving any reason for the delay in inspection, the system or structure may be covered unless permission has been affirmatively 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[2] may be scheduled and performed by a Sewage Enforcement Officer.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
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 increased sewage flows.
F. 
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.
A. 
Any on-lot sewage disposal system may be inspected by an authorized agent 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 wastewater generated in the structure.
C. 
An authorized agent shall have the right to enter upon land for the purposes of inspection described in this section. The authorized agent shall attempt to provide notice prior to the inspection,; however, failure to provide notice shall not deprive the authorized agent the right to enter upon the land for purposes of inspection as described in this section.
D. 
A schedule of routine inspections may be established to assure the proper functioning of the sewage systems in the sewage management district.
E. 
An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should the 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.
F. 
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 systems 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.
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. 
If the authorized agent inspects a system known to become or alleged to be malfunctioning as provided for in § 400-5E, and said inspection reveals that the system is, in the opinion of the authorized agent, malfunctioning, and the authorized agent orders action to be taken to correct the malfunction, the authorized agent has the discretion to require pumping of the septic tank of the sewage disposal system in an effort to attempt to bring the system in compliance with this article and the applicable law set forth above, if the system malfunctions, the septic tank is undersized, solids build up in the tank is above average, or for other good cause.
B. 
In the event pumping is required pursuant to Subsection A above, any person owning the property is required to provide to the authorized agent a pumping receipt and 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 baffles are determined to require repair or replacement shall first contact the authorized agent of the Township for approval of the necessary repair.
C. 
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.
D. 
Any person owning a building served by a cesspool or dry well which is determined to be malfunctioning upon inspection by the authorized agent of the Township shall have the system pumped according to Subsections A and B above. As an alternative to 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 the authorized agent of the Township for a septic tank to be installed preceding the cesspool or dry well.
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. 
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 written 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. In the event the proposed remedial measures set forth in the initial application are unacceptable to the Sewage Enforcement Officer, who refuses to issue a permit, then the Sewage Enforcement Officer shall provide to the property owner, in writing, within seven days of the application the reasons for the rejection of the application. The property owner shall make an amended application in the event of rejection with seven days of the date indicated on the written rejection issued by the Sewage Enforcement Officer. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence unless the initial application was rejected. In such case, within 37 days of the initial notification construction of the permitted repair or replacement shall commence.
D. 
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, upon application by the property owner, the Township may set an extended completion date.
E. 
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 approved alternative appropriate for the specific site.
F. 
In lieu of, or in combination with, the remedies described in Subsection E above, a Sewage Enforcement Officer may require the installation of water conversation 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.
G. 
In the event that the rehabilitation measures in Subsections A through F are not feasible or effective, the owner may be required to install an individual spray irrigation treatment system by the Township SEO or apply to DEP for a permit to install a single-residence treatment and discharge system. Upon receipt of a permit, the owner shall complete construction of the system within 30 days.
H. 
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, mitigate or abate the malfunction to the extent necessary.
The Township, upon written notice from a Sewage Enforcement Officer that an imminent health hazard exists due to a failure of a property owner to maintain, repair or replace an on-lot sewage disposal system as provided under the terms of this article, shall, at its discretion, 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 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.
B. 
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 through 6018.1003) and all other applicable laws.
A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a 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 to the extent allowable by law.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems 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.
D. 
The Township Board shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Township Board may establish a Fee Schedule, and authorize the collection of fees, to cover the cost to the Township of administering this program.
A. 
Appeals from the final decisions of the Township Board's authorized agent under this article shall be made to the Board of Supervisors, in writing, within 30 days from the date of written notification of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Board of Supervisors at the 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.
C. 
A decision shall be rendered, in writing, within 30 days of the date of the hearing unless the appellant agrees orally at a transcribed hearing or agrees to a written extension in writing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any provision of this article, or who fails to act in compliance with this article, shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
This article, as enacted, is intended to be regulatory in nature and is not intended nor is it to be construed as a wavier of any of the provisions of the Political Subdivision Tort Claims Act found at 42 Pa.C.S.A. § 8542 by Barrett Township, its officers, agents or employees in the enactment, implementation or enforcement of this article.
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.