"Sanitary Ordinance."
A chapter providing for the administration of a sanitary facilities program to govern the planning, design, construction, and operation of individual, community, and centralized nonmunicipal sanitary facilities; establishing minimum standards governing these facilities; providing for the issuance of permits, conduction of inspections, and collection of fees; providing for the abatement of insanitary conditions; and providing penalties for violations of this chapter.
A.
Whereas, the Township of Upper Mount Bethel is charged with the protection of the public health, safety, and welfare of its citizens through the development and implementation of plans for the sanitary disposal of sewage waste and also with the responsibility of enforcing the provisions of the Pennsylvania Sewage Facilities Act[1] and the several regulations of the Pennsylvania Department of Environmental Protection pertaining thereto as described herein;
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
Whereas, the Township has the duty to insure the safe, sanitary disposal of sewage waste and the proper and orderly environmental growth and development of the community in a manner consistent with the Township Official Sewage Plan and related land use ordinances;
C.
Whereas, the Township further has the duty to prevent and eliminate pollution of the waters and lands of the Township and protect the people of the Township from health hazards that result from the construction and use of inadequate sewage disposal facilities;
D.
Whereas, the Township wishes to provide for the planning, construction, installation, and maintenance of all sanitary facilities in accordance with recognized standards and regulations governing such facilities;
E.
Whereas, the Township wishes to provide for the administration of the Sewage Facilities Act and provide for penalties for violation of the provisions of the Act and of this chapter;
F.
Whereas, the Township wishes to govern and regulate the construction, alteration, repair, occupation, maintenance, sanitation, lighting, ventilation, water supply, toilet facilities, drainage, use and inspection of all buildings and housing or parts of buildings and housing constructed, erected, altered, designed or used in whole or in part for human habitation and of the sanitation and inspection of land appurtenant thereto as provided by the Second Class Township Code.[2]
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
The provisions of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et. seq., and the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et. seq., as amended, and the provisions of the Department of Environmental Protection (PADEP) rules and regulations establishing standards for sewage disposal and wastewater treatment facilities and the administration of the above programs, as amended, are hereby adopted and incorporated in full as if set out at length herein and which together with supplementary provisions as are further contained herein, shall constitute the Chapter 244, Sanitary System, of the Upper Mount Bethel Township Code; and the combined provisions thereof shall be controlling in the construction and regulation of individual, community, and central nonmunicipal sanitary facilities within the corporate limits of the Township. Although this chapter is intended to provide guidelines for the proper installation of sanitary facilities, nothing contained herein should be interpreted as a guarantee to the applicants that systems installed under the provisions of this chapter will function as intended. Uncontrollable variables, such as undefined soil characteristics, actual water usage, and material or construction inadequacies may cause a facility malfunction, even though the general guidelines of the State Department of Environmental Protection and this chapter are followed.
Words and terms used in this chapter shall have the meanings defined in the Pennsylvania Department of Environmental Protection (PADEP) regulations and the Chapter 298, Subdivision and Land Use, and Chapter 350, Zoning, unless the context clearly indicates otherwise. The following words and terms, when used in this chapter, shall have the following meanings:
The Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et. seq., also known as "Act No. 537").
The present owner of record or his authorized agent seeking a permit or review under the provisions of this chapter.
The Board of Supervisors of Upper Mount Bethel Township.
Any community sewerage facility other than a system utilizing subsurface disposal and requiring a permit under the Clean Streams Law, as administered by the Pennsylvania Department of Environmental Protection (PADEP) or the Clean Water Act, as administered by the Environmental Protection Agency (EPA).[1]
Any person certified as qualified to issue permits for individual or community sewage systems by the Pennsylvania Department of Environmental Protection.
Any person certified as qualified to operate a sewage treatment plant as determined by the Pennsylvania Department of Environmental Protection.
Chapter 71 of Title 25 of the Pennsylvania Code, Administration of Sewage Facilities Program.
Chapter 73 of Title 25 of the Pennsylvania Code, Standards for Sewage Disposal Facilities.
Any system for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
A development density unit derived by dividing the projected wastewater flow from a nonresidential or multifamily establishment by that flow expected to be generated from a typical single-family residential unit, as determined by Section 73.91 of the Pennsylvania Department of Environmental Protection, Chapter 73;[2] thereby equating that projected flow to an equivalent number of single-family dwelling units utilizing current census data for single-family occupancy levels.
A system of piping, tanks or other facilities serving a single lot, and collecting and disposing of sewage in whole or part into the soil or into any waters of this commonwealth or by means of conveyance to another site for final disposal.
A designated piece, parcel, tract or area of land established by a subdivision plan, land development plan or otherwise permitted by law and to be used as a building site (or intended to be used as a building site whether now or in the future) or to be otherwise used, developed or built upon as a unit, or any piece, parcel, tract or area of land, regardless of size, intended as a unit of ownership, transfer of ownership, use, rent, improvement or development. Whenever a lot is used for multifamily dwelling or for commercial or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage flows. (See the term "equivalent dwelling unit," as defined in this chapter.)
[Amended 4-10-2000 by Ord. No. 2000-01[3]]
A certified sewage enforcement officer appointed by the Board of Supervisors to enforce the provisions of this chapter.
All privately owned sewage facilities.
A Comprehensive Plan for the provision of adequate sewage facilities adopted by the Upper Mount Bethel Township Board of Supervisors and submitted to and approved by the department.
Any person who is issued a permit under this chapter or the regulations cited.
Includes 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.
Any sewerage installation designed to provide for the health and welfare of those occupying or frequenting a structure, as defined by this chapter.
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, to animal or aquatic life, 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.[4]
For the purpose of this chapter, any improvement which may impact upon matters of sewage or wastewater.
Any sewage facility, as described in Chapter 73.[5]
For the purpose of this chapter, any change in the use or occupancy of an existing structure which may impact upon the sewage or wastewater load of the existing sanitary facilities as determined by the municipal Sanitary Officer.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq., and 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: 25 Pa. Code § 73.91 was reserved 1-22-1983.
[3]
Editor's Note: This ordinance also provided for the incorporation of its recitals by reference; said recitals are in the preamble of the complete copy of the ordinance on file in the Township offices.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
[5]
Editor's Note: See 25 Pa. Code Chapter 73.