[Ord. 128, 4/26/1994]
1.
Short
Title. This Part shall be known and may be cited as the “Smithfield
Township Sewage Management Ordinance.”
2.
Authorization.
This Part is authorized by Act of 1937, June 22, P.L. 1987, amended
by the Act of 1965, August 23, P.L. 372, as amended, 53 P.S. §691.1
et seq., known as the “Clean Streams Law”; and the Act
of 1966, January 24, P.L. (1965) 1535, as amended, 35 P.S. §750.1
et seq., known as the “Pennsylvania Sewage Facilities Act.”
[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.
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.”
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.
The Board of Supervisors, Smithfield Township, Monroe County,
Pennsylvania.
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.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania (DER).
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.
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.
Smithfield Township, Monroe County, Pennsylvania.
The 1993 Smithfield Township Act 537 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.
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.
Work done to modify, alter, repair, enlarge or replace an
existing onlot sewage disposal system.
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.
Sewage Enforcement Officer.
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.
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.
A comprehensive set of legal and administrative requirements
of the Township and the Department to effectively enforce and administer
this Part.
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]
1.
All permits
issued shall meet the following requirements:
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 indicating that the site and the plans and specifications
of such system are in compliance with the provisions and standards
adopted pursuant to Act 537.
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 Township Sewage Enforcement Officer. If 72 hours have
elapsed, excepting Sundays and holidays, since the SEO issuing the
permit received notification of completion of construction, the applicant
may cover said system or structure unless permission has been specifically
refused by the SEO.
C.
The Township
may require applicants for sewage permits to notify the Township's
SEO of the schedule for construction of the permitted onlot sewage
disposal system so that inspection(s) in addition to the final inspection
required by Act 537 may be scheduled and performed by the Township's
certified CEO.
D.
No zoning/building
permit or certificate of compliance shall be issued by the Township
or its designated appointee for a new building which will contain
sewage generating facilities until a valid sewage permit has been
obtained from the Township's certified SEO.
E.
No zoning/building
permit or certificate of compliance 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 the structure's
owner receives from the SEO either a permit for alteration or replacement
of the existing sewage disposal system or written notification that
such a permit will not be required. The certified SEO shall determine
whether the proposed alteration or conversion of the structure will
result in increased sewage flows.
[Ord. 128, 4/26/1994]
1.
Replacement
areas shall be required as follows:
A.
When
deemed necessary by the SEO based on DER regulations, any revisions
or exceptions to the Township's Official Sewage Facilities Plan for
subdivision or development of land within the Township shall provide
for the testing, identification and reservation of an area of each
lot or developed property suitable for the installation of a replacement
onlot sewage disposal system. This requirement would be in addition
to the testing, identification and reservation of an area for the
primary sewage disposal system. When required, the replacement area
shall be included as a deed restriction.
B.
When
deemed necessary by the Township SEO based on DER regulations, no
permit shall be issued for any proposed new onlot sewage disposal
system on any newly created or subdivided property in the Township
unless and until a replacement area is tested, identified and reserved.
[Ord. 128, 4/26/1994]
1.
The Township
shall have the right to conduct inspections of sewage facilities as
follows:
A.
Any onlot
sewage disposal system may be inspected by the Township's authorized
agent at any reasonable time.
B.
The inspection
may include a physical tour of the property, the taking of samples
from surface water, wells, other ground water 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 from the structure.
C.
The Township's
authorized agent shall have the right to enter upon land for the purposes
of inspections described above.
[Ord. 128, 4/26/1994]
1.
Only normal
domestic wastes shall be discharged into any onlot 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, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
D.
Clean
surface or ground water, including water from roof or cellar drains,
springs, basement sump pumps and French drains.
[Ord. 128, 4/26/1994]
1.
Every
owner of an onlot sewage disposal system shall have the following
duties of maintenance:
A.
Septic
Tanks.
(1)
Pumping Requirements. Any person owning a building served by an onlot
sewage disposal system which contains a septic tank shall have the
septic tank pumped by a qualified pumper/hauler every three years.
(2)
Proof of Pumping to be Filed. The property owner must submit documentation
to the Township demonstrating that the tank has been pumped within
the previous three-year period. For pumping, this documentation may
consist of a receipt from the pumper/hauler evidencing the pumping
of the specific septic tank on a certain date.
(3)
Increased Pumping Frequency. The required pumping frequency may be
increased at the discretion of the SEO if the SEO determines that
it is necessary for one or more of the following reasons:
(a)
The septic tank is undersized.
(b)
Solids build up in the tank is above average.
(c)
Hydraulic load on the system increases significantly above average.
(d)
A garbage grinder is used in the building.
(e)
The system malfunctions.
(f)
For any other good cause which shows a need for increased pumping
frequency.
The SEO shall give the property owner notice in writing of such
increased pumping requirements and shall file a copy of same with
the Township.
(4)
Decreasing Pumping Frequency. The required pumping frequency may
be decreased by the SEO under either of the following conditions:
(a)
Any property owner may, upon payment of the proper fee, request the
SEO to inspect the septic tank and baffles. If the SEO determines
that due to under use or over size or other good reason, the septic
tank does not need to be pumped, and the baffles are in good order,
the SEO may extend the time for pumping in a particular pumping interval,
or may set a new pumping frequency requirement of greater than three
years.
(b)
If any property owner does not use the premises for more than a certain
period of each year (due, for example, to wintering elsewhere) the
SEO may intend a particular pumping inspection requirement or may
set a new pumping requirement of greater than three years. The property
owner is required to report to the SEO immediately any change of circumstances
which gave rise to the extension or change of frequency. The SEO may
then decrease the frequency. Any extension of time or change of frequency
shall be made by the SEO in writing. Notice thereof shall be given
to the property owner and a copy filed by the SEO with the Township.
B.
Aerobic
Treatment Tanks Manufacturer's Service Recommendations.
(1)
Any person owning a building served by an onlot 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 service recommendations and a copy of a service
agreement to provide maintenance shall be filed with the Township
within six months of the effective date of this Part.
(2)
Proof of Maintenance. Any owner of property served by an onlot sewage
disposal system which contains an aerobic treatment tank shall file
with the Township within six months of the effective date of this
Part:
(a)
A copy of the manufacturer's service recommendations.
(b)
A copy of a service agreement to provide maintenance for the equipment.
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Thereafter, the property owner shall file with the Township,
within intervals specified by the manufacturer's recommendations,
service receipts evidencing that the equipment has been served according
to the manufacturer's recommendations; except that, in no case may
the service or pumping intervals for aerobic treatment tanks exceed
three-year intervals.
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C.
Cesspools
or Dry Wells.
(1)
Pumping Requirement. Any person owning g building served by a cesspool
or dry-well shall have that system pumped at least every three years.
(2)
Septic Tank Alternative. As an alternative, the property owner may install a septic tank (after securing a permit from the SEO) preceding the cesspool or dry well. For a system consisting of a cesspool or dry well, only the septic tank must be pumped. The septic tank, after installation, must be pumped at intervals established under § 18-509, Subsection 1A(1), (2), (3) and (4), above.
D.
Establishment
of Intervals.
(1)
Initial Requirement. Every property owner with an onlot sewage disposal
system shall have their septic tank pumped; or their dry well or cesspool
pumped, or their aerobic system serviced according to the manufacturer's
recommendations on or before December 31, 1996, then the three-year
period, or such other period established under the provisions of this
Part, shall commence as of the date of such previous pumping or servicing.
(2)
Exception for Prior Pumping or Servicing. If any property owner can
establish by receipts or other evidence satisfactory to the SEO that
his septic tank, cesspool or dry well has been pumped, or his aerobic
system serviced according to the manufacturer's recommendations, within
three years prior to December 31, 1996, or such other period established
under the provisions of this Part, shall commence as of the date of
such previous pumping or servicing.
(3)
Additional Maintenance. The Township may require additional maintenance
activity 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.
[Ord. 128, 4/26/1994]
1.
No person
shall operate and maintain an onlot 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 system or 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 to discharge has been obtained
from the Department.
A.
The Township
may issue a written notice of violation to any person who is the owner
of a property in the Township which is found to be served by a malfunctioning
onlot sewage disposal system or which is discharging raw or partially
treated sewage without a permit.
B.
Within
seven days of notification by the Township that a malfunction has
been identified, the property owner shall make application to the
SEO for a permit to repair or replace the malfunctioning system. Within
30 days of issuance of a permit, construction of the permitted repair
or replacement shall commence. Within 60 days of the issuance of a
permit by the Township, the construction shall be completed unless
the Township shall extend the period.
C.
Failure to apply for a permit or to complete the repair or replacement within the times specified in Subsection 1B shall constitute a violation.
D.
The Township's
certified SEO 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, or other alternatives
as appropriate for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection 1D, above, the SEC may require the installation of water conservation 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 and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water usage patterns in the structure served.
F.
In the event that the rehabilitation measures in Subsections 1A through E are not feasible or do not prove effective, the Township may require the owner to apply to the Department for a permit to install a single residence treatment and discharge system. Upon receipt of said permit the owner shall complete construction of the system within 60 days.
G.
Should
none of the remedies described above prove totally effective in eliminating
the malfunction of an existing onlot sewage disposal system, the property
owner is not absolved of responsibility for that malfunction. The
Township may require whatever action is necessary to lessen or mitigate
the malfunction to the extent that it feels necessary.
H.
Failure
of the landowner to take the actions required in this Section relating
to malfunctioning system shall constitute a public nuisance and a
violation of this Part.
[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]
1.
Septage
shall he disposed of as follows.
A.
All septage
originating within the Township shall he disposed of at sites or facilities
approved and permitted by the Department Approved sites or facilities
shall include the following: septage treatment facilities, wastewater
treatment plants, composting sites and approved farm lands.
B.
Pumper/haulers
operating within the Township shall operate in a manner consistent
with the provisions of the Act of July 28, 1988, P.L. 556, No. 101,
as amended, 53 P.S. §4000.101 et seq., known as the “Municipal
Waste Planning, Recycling and Waste Reduction Act.”
[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
