[Ord. 128, 4/26/1994]
The purpose of this Part is to provide for the maintenance and
rehabilitation of onlot sewage disposal systems; to permit the Township
to intervene in situations which are public nuisances; and to establish
penalties and appeal procedures necessary for the proper administration
of a sewage management program.
[Ord. 128, 4/26/1994]
When used in this Part, the following words and phrases shall
have the meanings ascribed to them herein, except when the context
clearly indicates otherwise.
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
A certified sewage enforcement officer, zoning officer, professional
engineer or any other qualified or licensed person who is delegated
by the Township to function within specified limits as the agent of
the Township to carry out the provisions of this Part.
BOARD
The Board of Supervisors, Smithfield 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 at any other site.
DEPARTMENT
The Department of Environmental Resources of the Commonwealth
of Pennsylvania (DER).
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
The condition which occurs when an onlot sewage disposal
system discharges sewage onto the surface of the ground, into ground
water of this Commonwealth, into surface waters of this Commonwealth,
backs up into the building connected to the system or otherwise causes
a nuisance hazard to the public health or pollution of ground or surface
water or contamination of public or private drinking water wells.
Systems shall be considered to be malfunctioning if any of the conditions
noted above occur for any length of time during any period of the
year.
MUNICIPALITY
Smithfield Township, Monroe County, Pennsylvania.
ONLOT SEWAGE FACILITIES PLAN
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including 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 onlot sewage disposal system.
REPLACEMENT AREAS
A portion of a lot or a developed property, sized to allow
the installation of a sewage disposal system based on proper testing,
which is reserved to allow that installation in the event of the malfunction
of the originally installed onlot sewage disposal system.
SEO
Sewage Enforcement Officer.
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 Streams Law,” as amended.
SEWAGE ENFORCEMENT OFFICER (SEO)
The official of the local agency who issues and reviews permit
applications and conducts such investigations and inspections as are
necessary to implement Act 537 and the rules and regulations promulgated
thereunder.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements
of the Township and the Department to effectively enforce and administer
this Part.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
[Ord. 128, 4/26/1994]
The provisions of this Part shall apply to all persons owning
any property serviced by an onlot sewage disposal system and to all
persons within Smithfield Township installing or rehabilitating onlot
sewage disposal systems.
[Ord. 128, 4/26/1994]
The Board of Supervisors shall establish by resolution a schedule
of fees. Costs for the completion of required water quality testing
and Township SEO inspections shall be assessed to the property owner.
It shall be each individual property owner's responsibility to contract
with a qualified pumper/hauler for the pumping of the owners septic
tank.
[Ord. 128, 4/26/1994]
Where a property owner or other person fails to maintain, repair
or replace an onlot sewage disposal system after notice pursuant to
the terms of this Part, such failure shall constitute a public nuisance
and a violation of this Part. The Township may abate the nuisance
by performing the work needed, or by contracting to perform the work
needed to abate the nuisance, and may charge the landowner or other
responsible person for the cost thereof plus a penalty of 20%. Said
cost plus penalty may be collected by an action in assumpsit or by
the filing of a municipal Lien according to law.
[Ord. 128, 4/26/1994]
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
[Ord. 128, 4/26/1994]
Any person aggrieved by any notice, action or determination
may appeal to the Board within 30 days in writing pursuant to the
Act of 1978, April 28, P.L. 202, No. 53, as amended, 2 Pa.C.S.A. §§ 105
and 551 et seq., known as the “Local Agency Law.”
[Ord. 123, 4/26/1994; as amended by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision of this Part, or who shall fail to act upon notice or determination of the SEO or other authorized agent of the Township within the time stated in the notice on determination, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term, of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Failure to appeal a notice or determination pursuant to §
18-514 and the Local Agency Law shall constitute an admission of the violation and a failure to utilize administrative remedies. This Part constitutes an ordinance enacted for the purposes of property maintenance, public health and safety, and for water and air pollution violations, for the purposes of Sections 1505, 1506 of the Second Class Township Code, 53 P.S. §§ 655115, 66506. In addition to all other remedies, the Township may institute suits in equity to restrain or prevent violations of this Part, or to abate public nuisances. The Township may file municipal liens for abatement of nuisances in accordance with law