[Adopted 10-16-2000 by Ord. No. 129]
This article shall be known as the "Small Flow Sewage Facilities
Ordinance" of the Township.
A.
General terms. As used in this article, words in the singular include
the plural, and those in the plural include the singular. The words
"shall" and "will" for the purpose of this article are mandatory.
B.
BOARD OF SUPERVISORS
DEP
EFFLUENT
LANDOWNER
LOCAL AGENCY
OFFICIAL SEWAGE FACILITIES PLAN
REGULATIONS
SEO
SMALL FLOW SEWAGE FACILITY
SYSTEM
TOWNSHIP
TOWNSHIP OFFICIAL
WRITTEN NOTICE
Specific terms. Unless otherwise expressly stated, the following
definitions shall for the purpose of this article have the meaning
herein indicated. Any pertinent word or term not defined herein shall
be construed to have the meaning attributed to it under the Sewage
Facilities Act[1] and the regulations promulgated thereunder.
The Board of Supervisors of the Township.
The Pennsylvania Department of Environmental Protection or
its successor.
Liquid sewage discharged as waste.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary or possessory interest in the
land.
The North Central Sewage Agency or its successor.
A Comprehensive Plan for the provision of adequate sewage
disposal systems, adopted by the Board of Supervisors and approved
by the DEP, pursuant to the Pennsylvania Sewage Facilities Act.[2]
The official regulations of DEP as set forth in Pa. Code,
Title 25, as amended and supplemented from time to time, and all future
regulations of the DEP pertaining to small flow sewage facilities.
A Sewage Enforcement Officer having jurisdiction in the Township.
An individual or community sewerage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using stream discharge to the surface of the ground as presently
described in 25 Pa. Code § 71.1.
The small flow sewage facility to be designed, installed,
operated and/or maintained by a landowner upon any property in the
Township.
The Township of Charleston, Tioga County, Pennsylvania.
A Sewage Enforcement Officer, Code Enforcement Officer, certified
sewage treatment plant operator, employee of the Township, professional
engineer, Plumbing Inspector, or 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 article.
A notice in writing sent to the landowner at his or her last
known address by United States Mail, first-class postage prepaid.
Such notice shall be effective upon mailing, regardless of the date
of receipt.
The system shall be designed in accordance with the design standards,
regulations and requirements of the DEP. In addition to all other
requirements, the system shall be designed and constructed to include
the following:
A.
Easy access for inspection and periodic maintenance shall be provided
for all systems. A readily accessible effluent sampling point, located
at the discharge end of the chlorine contact tank shall be provided.
B.
An alarm, including both visual and audible devices, shall be provided
for all pumps and aeration devices. Alarms shall be located so as
to be readily noticeable by occupants of property. An appropriate
high level alarm in the dosing tank and an alarm for the aeration
motor (if used) are needed.
(1)
Reasonable vehicular access shall be provided to the system for periodic
removal of sludge.
A.
The landowner must submit a sewage planning module to the Board of
Supervisors, the DEP and the local agency. The planning module must
be approved by the Board of Supervisors and by the DEP, and the landowner
must obtain all required DEP permits.
B.
A preconstruction meeting shall be held. The meeting shall be attended
by the system designer, the system contractor, the landowner, and
may be attended by an SEO. If an aerobic treatment unit is used in
the system, then the factory representative of the aerobic treatment
unit shall also attend the preconstruction meeting. No construction
may commence until after the preconstruction meeting has been held.
Upon completion of construction of the system but prior to the
system being covered, the system designer, an SEO shall conduct an
inspection of the system. The system designer and the landowner shall
certify in writing that the construction of the system is in conformance
with the system design and the permit issued by DEP before the system
may be covered. Notice of the pre-operation inspection shall also
be given by the landowner to DEP at least 72 hours prior to such inspection.
A copy of the written certification signed by the system designer
and the landowner (and the factory representative if an aerobic treatment
unit is used) shall be sent to the DEP and the local agency by the
landowner within 10 days of completion of inspection. If an aerobic
treatment unit is used, a service contract consistent with the requirements
of the National Sanitation Foundation must be signed by the landowner
and a copy sent to the DEP and the local agency.
The landowner shall provide to the Township and the local agency
a complete set of as-built plans for the system as finally approved
by DEP and as actually constructed.
A.
The landowner shall test chlorine residual levels on a weekly basis
for the first month of system operation, and then monthly thereafter.
The landowner shall keep a permanent written record of the date and
results of each test, and shall, upon request, allow an SEO to review
the written record and provide to an SEO a complete copy of the written
record. The landowner must take all actions necessary to ensure that
chlorine residual levels are in compliance with all relevant DEP standards.
B.
A SEO shall inspect the system three times per year. At least two
inspections shall be conducted between April 1 and August 31, and
one inspection shall be conducted during the remaining portion of
the year.
C.
A SEO may perform additional inspections of the system if there is
any reason to believe that the system is not operating properly.
D.
An inspection by an SEO shall include, but need not be limited to,
testing for an adequate chlorine residual at levels required by the
DEP permit, as well as the collection of a sample for fecal coliform
analysis. Fecal coliform analysis shall be performed by an EPA-approved
laboratory.
E.
The Township and the local agency shall retain copies of all inspection
reports and laboratory analysis in a permanent file. These records
shall be available to the DEP upon its request.
In the event an SEO or DEP inspection indicated the need for
repair or replacement of any component part or all of the system in
order to bring the system into compliance with the DEP permit or regulations,
the landowner shall be given written notice thereof. The landowner
shall complete such repairs or replacement and obtain written certification
from the system designer or a certified professional engineer, and
an SEO, that the work has been completed in accordance with all applicable
standards and regulations. Written certification shall be provided
to the DEP and the local agency within 30 days of the date of the
SEO or DEP notice.
In the event an SEO or DEP inspection indicates the need for
maintenance on any component part or all of the system in order to
bring the system into compliance with the DEP permit or regulations,
the landowner shall be given written notice thereof. The landowner
shall complete such maintenance and obtain written certification from
the system designer or a certified professional engineer, and an SEO,
that the work has been completed in accordance with all applicable
standards and regulations. Written certification shall be provided
to the DEP and the local agency within 15 days of the date of SEO
or DEP notice.
A.
If the landowner fails or refuses to timely comply with the provisions of §§ 223-33 or 223-34 hereof, the Township and its agents, employees or independent contractors shall have the right to enter upon the land and to perform all necessary repairs, replacements and/or maintenance with respect to the system. The landowner shall pay to the Township within 15 days all costs incurred by the Township in performing such necessary repairs, replacement and/or maintenance.
B.
Township action to effectuate needed repairs or replacement of the
system or any component thereof shall commence no sooner than 30 days
and later than 45 days after written notice was sent to the landowner,
and shall be completed as soon thereafter as reasonably possible.
Township action to effectuate needed maintenance on the system or
any component part thereof shall commence no later than 15 days after
notice was set to the landowner, and shall be completed as soon thereafter
as reasonably possible.
A.
During any time when the system is inoperable or incapable of treating
the discharged effluent so as to meet or exceed the standards and
regulations of the DEP, the landowner shall make all necessary arrangements
to remove said effluent and dispose of same at a DEP-permitted sewage
disposal facility. The landowner shall continue such hauling of effluent
until such time as the system has been properly certified as being
legally operable by an SEO or the DEP.
B.
Where the landowner causes the effluent to be removed, the landowner
shall provide to the Township and the local agency a copy of an agreement
with a licensed hauler providing for the removal and lawful disposal
of the effluent. The landowner shall also provide to the Township
and the local agency copies of all pumping receipts.
C.
In the event the landowner shall refuse or fail to accomplish removal
of said effluent with the time limit specified by an SEO (which time
limit shall not exceed 48 hours), the Township shall have the right,
upon 48 hours' written notice to the landowner, to enter upon the
land and cause said effluent to be removed and lawfully disposed of.
The landowner shall pay to the Township within 15 days all costs incurred
by the Township in removing and disposing of the effluent.
A.
The landowner shall pay to the local agency a fee of $75 for the pre-operation inspection required by § 223-30 hereof. This fee shall be paid prior to the performance of the pre-operation inspection. The landowner shall pay to the local agency an additional fee of $100 for each additional pre-operation inspection, which is required because the system fails a previous pre-operation inspection. This fee shall be paid prior to the performance of the additional pre-operation inspection.
B.
On or before January 1 of each year, the landowner shall pay to the local agency a fee of $200 for the three inspections required by § 223-32B hereof.
C.
The landowner shall pay to the local agency a fee of $75 for each inspection performed pursuant to § 223-32C hereof, if it is determined that the system is not operating properly. This fee shall be paid no later than 15 days after the inspection.
D.
The landowner shall reimburse the local agency for fecal coliform analysis performed pursuant to § 223-32D hereof. This fee shall be paid no later than 15 days after notice by the local agency to the landowner of the cost of the analysis.
E.
The fees set forth in this section may be increased or decreased
by the local agency from time to time, by resolution of the local
agency duly adopted at any regular or special meeting.
A.
The landowner shall timely pay to the Township all costs and expenses
as set forth herein. In the event the landowner shall fail to timely
pay such costs and expenses to the Township, the Township may institute
suit against the landowner in a civil action or cause a lien to be
recorded against the land in accordance with the Municipal Lien Law.[1] Further, the Township shall have all other rights and
remedies, whether at law or in equity, which may now be or hereafter
become available to it.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
If the landowner fails or refuses to timely pay to the Township any
required cost or expense, the landowner shall also be liable for the
Township's attorney fees and expenses in collecting the same, as well
as all court costs.
A.
The landowner shall timely pay to the local agency all fees and expenses
as set forth herein. In the event the landowner shall fail to timely
pay such fees and expenses to the local agency, the local agency may
institute suit against the landowner in a civil action or cause a
lien to be recorded against the land in accordance with the Municipal
Lien Law. Further, the local agency shall have all other rights and
remedies, whether at law or in equity, which may now be or hereafter
become available to it.
B.
If the landowner fails or refuses to timely pay to the local agency
any required fee or expense, the landowner shall also be liable for
the local agency's attorney fees and expenses in collecting the same,
as well as all court costs.
A.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition, there shall be available to both the Township and the
local agency the rights and remedies as set forth in the Sewage Facilities
Act[1] and all other laws of the Commonwealth of Pennsylvania
and ordinances of the Township and the County of Tioga.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The Board of Supervisors of the Township shall not approve the
sewage planning module until the landowner and the person(s) or entity
holding legal title to the property upon which the system is being
constructed execute and deliver to the Township an indemnification
agreement in favor of the local agency and the Township. The Township
shall promptly cause the agreement to be recorded in the office of
the Recorder of Deeds for Tioga County, indexed in the name of the
landowner and all other persons or entities holding legal title to
the property upon which the system is to be constructed. The recording
fee imposed by the Recorder of Deeds for Tioga County shall be paid
by the landowner to the Township at the time of delivery of the Agreement
to the Township. The indemnification agreement shall be signed by
the landowner, and by all other persons or entities holding legal
title to the property, notarized and in proper form for recording,
and in the form as set forth on Exhibit "A" hereof and incorporated
herein by reference.
A.
If legal title to the property upon which a system is located is
conveyed or transferred in any manner, the landowner shall deliver
to the transferee the permit, system design, manual and operating
instructions, and maintenance records of the system.
B.
In each and every deed transferring or conveying the property, there
shall be noted the existence of and the record book and page of recording
of the indemnification agreement.
Nothing in this article shall be construed to waive, effect or alter any requirements of Chapter 300, Zoning, Chapter 235, Subdivision and Land Development or other ordinances of the Township, and nothing contained herein empowers any Township official to waive any requirements of this chapter or such other provisions.
This article shall become effective immediately upon enactment
and shall apply prospectively and retroactively to all small flow
sewage facilities in operation in the Township.
