This article shall be known and may be cited as "The On-Lot Sewage System Management Program for Lemoyne Borough."
A. 
As mandated by the municipal codes, the Clean Streams Law (35 P.S. §§ 691.1 to 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"), municipalities have the power and the duty 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 Official Sewage Facilities Plan for the Borough of Lemoyne indicates that it will 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.
B. 
The purpose of this article is to provide for the inspection, maintenance, and rehabilitation of on-lot sewage systems; to further permit the Borough to intervene 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 an on-lot sewage system management program.
A. 
General terms. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Specific terms. For the purposes of this article, the following terms shall be construed to have the meanings set forth below:
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966 (1965 P.L. 1535, No. 537), as amended, 35 P.S. § 750.1 et seq., also referred to as "Act 537."
ALTERNATE SEWAGE SYSTEM
A demonstrated method for the treatment and disposal of sewage that meet the criteria in Title 25, Chapter 73.72, of the Pennsylvania Code and are described in the Alternate Systems Guidance published by DEP.
AUTHORIZED AGENT
A certified Sewage Enforcement Officer, Building Inspector, soils scientist, or any other qualified or licensed person who is delegated by Borough Council to function within the specified limits as the agent of Lemoyne Borough to carry out the provisions of this article.
BOROUGH
The Borough of Lemoyne.
BOROUGH COUNCIL
The Council for the Borough of Lemoyne.
BUILDING CODE OFFICIAL
An official agent of Lemoyne Borough that is charged with the responsibility of reviewing and inspecting building design and construction to ensure compliance with the current building codes that are in force.
CODES ENFORCEMENT OFFICER (CEO)
An individual employed or retained by Lemoyne Borough to administer and enforce other ordinances in the Borough.
COMMUNITY SEWAGE SYSTEM
A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more of the lots or at another site.
DEP or DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
EQUIVALENT DWELLING UNIT (EDU)
A unit of measure of the wastewater discharge and demand upon the sewer system approximating the typical usage of a median single-family home.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
LOT OR TAX PARCEL
A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit and which has a distinct ad valorem property identification number.
MALFUNCTION
The condition that occurs when an on-lot sewage system discharges sewage onto the surface of the ground, into the groundwater or surface waters, contaminates private or public drinking water supplies, or causes nuisance problems or hazards to public health for any length of time during any time of the year.
MUNICIPALITY
Lemoyne Borough, Cumberland County, Pennsylvania.
OFFICIAL SEWAGE FACILITIES PLAN (OFFICIAL PLAN or ACT 537 PLAN)
A comprehensive plan for the provision of adequate sewage systems adopted by the Borough and approved by the Department in accordance with Act 537 and with applicable Department regulations.
ON-LOT SEWAGE SYSTEM
Any sewage system that collects, treats, and disposes of sewage in whole or in part into the soil, or retention in a retaining tank.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough, including a lessee authorized to exercise the right of an owner.
PERSON
Any natural individual, association thereof, partnership or corporation.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or exception to the revision of, the Borough's Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage system.
REPLACEMENT AREA
An area designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot sewage system installed or to be installed fails or otherwise becomes inoperable and which shall meet all the regulations of the Department and all applicable Borough ordinances for an individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the Cumberland County Recorder of Deeds.
SEPTAGE
Solids or semisolid residual material stored in a septic tank or other subsurface waste disposal system tank.
SEWAGE
Any substance containing liquid household waste, drainage from building plumbing or equipment, human excreta, or other discharge from the bodies of human beings or animals, industrial waste, 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.
SEWAGE ENFORCEMENT OFFICER (SEO)
The Sewage Enforcement Officer, as agent of the Borough, shall be a person certified by the Pennsylvania Department of Environmental Protection in accordance with Chapter 71, Administration of Sewage Facilities Planning Program, of Title 25 Rules and Regulations; to perform or review and approve percolation tests, site and soil evaluation, and issue permits for on-lot sewage systems.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Borough designated in the Act 537 Plan adopted by Borough Council as an area where sewage management is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements including this article, the Act, the Clean Streams Law, and all regulations and requirements adopted by Borough Council to enforce and administer this article. The management program shall encompass the entire area of Lemoyne Borough served by on-lot sewage systems or any alternate systems which discharge into the soils of the Borough. All systems shall be operated and maintained under the jurisdiction of Borough Council regulating on-lot systems and/or alternate systems, and other applicable laws of this commonwealth.
SUBDIVISION
A division of a lot, tract or other parcel of land as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 537 P.S. § 10101 et seq.
C. 
Reference source. All other definitions of words and terms used in this article shall have the same meaning as set forth in Chapters 71, 72, and 73 of Title 25, Environmental Protections, Rules and Regulations, Department of Environmental Protection.
From the effective date of this article, its provisions shall apply to all persons owning any property served by an on-lot sewage system and to all persons installing or rehabilitating on-lot sewage systems in Lemoyne Borough.
A. 
No person shall install, construct or request bid proposals for construction, or alter an on-lot 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 on-lot 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 of the Pennsylvania Sewage Facilities Act and the standards adopted pursuant to that Act.
B. 
No system or structure designed to provide on-lot or community sewage disposal shall be covered from view until approval to cover the same has been given by the municipal Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer issuing the permit received written notification of completion of construction, the applicant may cover said system or structure, unless permission has been specifically refused by the Sewage Enforcement Officer.
C. 
Applicants for sewage permits shall notify the Borough's Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sewage system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the Borough's Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued by the Borough or its Building Code Official for a new building which will contain sewage generating facilities until a valid sewage permit has been obtained from the Borough's 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 building, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until the Borough's Building Code Official and the owner receive from the Borough's Sewage Enforcement Officer either a permit for alteration or a replacement of the existing sewage system or written notification 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 Borough for that express purpose. The Department of Environmental Protection shall be notified by the Borough as to the identity of their currently employed Sewage Enforcement Officer.
G. 
No sewage permit may be issued unless proof is provided that the owner of record has owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the Borough.
H. 
No final Act 241 approval on a subdivision plan may begin until Act 537 planning is approved by the Borough.
Any person who shall install new or rehabilitated on-lot sewage systems shall provide a marker or markers at ground level locating the subsurface waste disposal tank and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Borough's Sewage Enforcement Officer. In addition, a riser or access hatch shall be constructed so as to enable easy access to the waste disposal tank, prevent odors from escaping and prevent children from removing the hatch. Accessibility for visual inspection and maintenance shall be provided in the drainage fields via four-inch vertical, nonperforated PVC pipe connected directly to the drain tile at a minimum of four locations in the drainage field. If not installed by the Borough or its authorized agent, such installation shall be subject to its approval.
A. 
Any on-lot sewage system may be inspected by the Borough's authorized agent at any reasonable time as of the effective date of this article.
B. 
The inspection shall 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 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. The owner will bear the cost of the inspection and the analysis of any sample(s). A copy of the inspection report shall be furnished to the owner and current resident which shall include all of the following information that is reasonably available to the individual or agency responsible for pumping the septic tank or other subsurface waste disposal system tank:
(1) 
Date of inspection.
(2) 
Name and address of system owner.
(3) 
Description and diagram of the location of the system, including location of access hatches, risers, and markers.
(4) 
Size of tanks and disposal fields.
(5) 
Current occupant name and number of users.
(6) 
Indication of any system malfunction observed.
(7) 
Results of any and all soils and water tests.
(8) 
Any remedial action required.
C. 
The Borough's authorized agent shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:
(1) 
The SEO will commence a procedure to obtain a search warrant from the Magisterial District Judge.
(2) 
Upon receipt of a search warrant to inspect the property, the authorized agent of the Borough may be accompanied by a law enforcement officer, and the inspection shall be completed in accordance with this subsection.
D. 
A schedule of routine inspections may be established by the Borough, if necessary, to assure the proper function of the septic systems in the Borough.
E. 
The Borough's authorized agent shall inspect on-lot systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Borough shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the Borough or a representative of the Pennsylvania Department of Environmental Protection, action by the property owner to mitigate the malfunction shall be required.
F. 
There may arise geographic areas within the Borough where numerous on-lot sewage systems are malfunctioning. A resolution of these area-wide problems may necessitate detailed planning and a Borough-sponsored revision to that area's Act 537 Official Sewage Facilities Plan. When a DEP authorized Official Sewage Facilities Plan Revision has been undertaken by the Borough, mandatory repair, or replacement of individual malfunctioning sewage systems within the study area may be delayed, at the discretion of the Borough, pending the outcome of the plan revision process. However, the Borough may compel immediate corrective action whenever a malfunction, as determined by Borough officials or the Pennsylvania DEP, represents a serious public health or environmental threat.
G. 
Inspections may be conducted as a result of a written complaint submitted by a resident of the municipality to the Borough or Borough's authorized agent. Persons providing a written complaint shall be required to sign a false swearing statement.
Only normal domestic wastes shall be discharged into any on-lot sewage 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.
E. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, wipes, feathers, tar, plastics, wood, manure, cotton, wool, or other fibers, or any other solid or viscous substances capable of causing obstructions or other interference with the proper operation of the on-lot sewage system.
A. 
Any person owning a building served by an on-lot sewage system which contains a septic tank or other subsurface waste disposal system shall have the septic tank pumped by a designated pumper/hauler within 60 days of date shown on the pumping notification sent by the Borough. The septic tank or other subsurface waste disposal system shall be pumped at least once every three years, in accordance with a schedule established by the Borough utilizing the Sewer Management District Location Map of the Act 537 Plan. This requirement shall apply to both septic and dosing tanks for pressure-dosing systems.
B. 
The required pumping frequency may be increased at the discretion of the authorized agent if the septic tank or other subsurface waste disposal system is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions, or for other good cause shown.
C. 
The Borough may allow the owner's septic tanks or other subsurface waste disposal systems to be pumped at alternating intervals after the initial pumping if the owner can demonstrate to the Borough that the system can operate properly without the need for pumpout for a period longer than three years. Such a request may be made at any time and must be in writing with all supporting documents attached. The Borough, in making its determination, shall take into account the information submitted by the applicant, the sewer permit issued by the Borough Sewage Enforcement Officer upon installation or rehabilitation of the system and supporting documentation, reports of inspection and maintenance of the system, including documentation that the sludge depth and/or scum layer is less than 1/3 of the tank capacity as demonstrated and confirmed by a certified hauler, and other relevant information, and may conduct an on-site inspection. The applicant shall bear the cost of any inspection, surface or subsurface, and soil or wastes sampling conducted for the purposes of evaluating the request. The applicant shall receive a decision within 30 days of accumulation of all necessary information by the Borough.
D. 
Any person owning a property served by a septic tank or other subsurface waste disposal system shall obtain, with each pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the municipality, that the baffles in the septic tank or other subsurface waste disposal system 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 municipality's certified Sewage Enforcement Officer for approval of the necessary repair.
E. 
Each time a septic tank or other subsurface waste disposal system tank is pumped out, the septage waste hauler shall provide to the owner of the sewage system a signed receipt containing the following information:
(1) 
Date of pumping.
(2) 
Name and address of system owner.
(3) 
Address of tank's location, if different from owner's address.
(4) 
Description and diagram of the location of the tank, including the location of any markers, risers, and access hatches and size of the tank.
(5) 
Age of the system.
(6) 
Last date of pumpout.
(7) 
List of other maintenance performed.
(8) 
Any indications of system malfunction observed.
(9) 
Amount of septage or other solid or semisolid material removed.
(10) 
Waste hauler's Borough permit number authorizing it to collect and haul septage in Lemoyne Borough.
(11) 
List of recommendations.
(12) 
Destination of the septage (name of facility, location of land application site).
(13) 
A copy of the pumper's report or receipt must be received at the municipal office within 30 days of the date of the pumping.
F. 
Any person owning a building served by an alternate system or on-lot sewage system that 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 Borough within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Borough at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those required for septic tanks or other subsurface waste disposal systems.
G. 
Any person owning a building served by a cesspool or dry well pit privy shall secure a permit from the SEO for the installation of an on-lot sewage system. Any on-lot systems utilizing metal tanks shall be replaced with tanks of concrete construction. Permitting shall be obtained prior to the commencement of any replacement work.
H. 
The Borough 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. Permitting may be required for this work.
A. 
No person shall operate or maintain an on-lot sewage 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 to discharge has been obtained from the Pennsylvania Department of Environmental Protection.
B. 
The Borough shall issue a written notice of violation to any person who is the owner of a property in the Borough which is found to be served by a malfunctioning on-lot sewage system or which is discharging raw or partially treated sewage without a permit.
C. 
Within 15 days of notification by the Borough that a malfunction has been identified, the property owner shall make applications to the Borough's Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 60 days of initial notification by the municipality, construction of the permitted repair or replacement shall commence. Within 90 days of the original notification by the Borough, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Borough shall set an extended completion date.
D. 
The Borough's 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, other alternatives as appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described above, the Sewage Enforcement Officer 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. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.
F. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage system, the property owner is not absolved of responsibility for that malfunction. The Borough may require whatever action is necessary to lessen or mitigate the malfunction to the extent that it feels necessary.
The municipality, upon written notice from the Sewage Enforcement Officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage system as provided under the terms of this article, shall 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 thereon in accordance with law.
A. 
All septage pumper/haulers operating within the Borough shall be registered with the Borough and shall comply with all reporting requirements established by the Borough.
B. 
All septage originating within the Borough shall be disposed of at sites or facilities approved by the Pennsylvania Department of Environmental Protection. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.
C. 
All septage pumper/haulers operating within the Borough shall complete a pumper's report and provide a copy thereof to the landowner and the Borough for each tank pumped.
D. 
All septage pumper/haulers operating within the Borough shall provide annual licensing fee to the Borough.
E. 
Septage pumper/haulers operating within the Borough 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 to 6018.1003). Any septage pumper/hauler who violates any of the provisions of this article or regulations of Lemoyne Borough, the conditions of its state permit, or of any state or local law governing its operation, shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and costs, and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. If any pumper/hauler shall have been convicted on two occasions of any violation of this article, or for violating the conditions of its state permit, or of any state or local law governing its operation, Borough Council shall have the power to suspend said pumper/hauler from operating within the Borough for a period of not less than six months or more than two years for each violation, as determined by the Borough. Each day the violation continues shall constitute a separate offense.
A. 
The Borough shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The Borough shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a certified Sewage Enforcement Officer and may include a Building Code Official, secretary, administrator, or other persons as required. The Borough may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
C. 
All permits, records, reports, files, and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage systems in the Borough shall become the property of the municipality. Existing and future records shall be available for public inspection during required business hours at the Borough office. All records pertaining to sewage permits, building permits, occupancy permits, and all other aspects of the municipality's sewage management program shall be made available, upon request, for inspection by representatives of the Pennsylvania Department of Environmental Protection.
D. 
The Borough shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
Borough Council shall establish by resolution a fee schedule, and subsequently collect fees, to cover the Borough's cost of administering this program.
Any person aggrieved by an action of the Borough or Sewage Enforcement Officer in granting or denying a permit, issuing an order or other actions taken under this article shall have the right within 30 days after receipt of notice of the action to request a hearing before the Borough Council. Revocation of permits shall occur only after notice and opportunity for hearing has been given to the permittee. Hearings under this article shall be conducted pursuant to the act of December 2, 1968 (P.L. 1133, No. 353), known as the "Local Agency Law."[1] Any subsequent appeal shall be to the Court of Common Pleas for Cumberland County.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
Any person failing to comply with any provisions of this article shall be subject to a fine of not less than $100 and costs, and not more than $600 and costs, or in default thereof shall be confined in the county jail for a period of not more than 90 days. Each day of noncompliance shall constitute a separate offense.