[Ord. No. 3-2020, 4/14/2020]
1.
This article shall be known and may be cited as the "South Hanover
Township On-Lot Sewage Disposal System Management Ordinance."
2.
In accordance with the Second Class Township Code (Act of May 1,
1933, P.L. 103, No. 69, as amended, 53 P.S. § 65101 et.
seq.) municipal codes, the Clean Streams Law (Act of June 27, 1937,
P.L. 1987, No. 394 as amended, 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), it is the power and the duty of Township of South
Hanover 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 Township of South Hanover indicates that it is necessary
to 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.
3.
The purpose of this article is to provide for the regulation, inspection,
maintenance, and rehabilitation of on-lot sewage disposal systems;
to further permit intervention 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 a sewage management program.
[Ord. No. 3-2020, 4/14/2020]
1.
Word usage. In the interpretation of this article, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
2.
ABSORPTION AREA EASEMENT
ACT
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEP/DEPARTMENT
DEVELOPER
EQUIVALENT DWELLING UNIT (EDU)
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM
LAND DEVELOPMENT
LOT
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
REHABILITATION
REPLACEMENT ABSORPTION AREA
RETAINING TANK
A.
B.
C.
D.
E.
F.
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE FACILITIES
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SINGLE AND SEPARATE OWNERSHIP
SOIL ABSORPTION SYSTEM
SUBDIVISION
TOWNSHIP
TREATMENT TANK
A.
B.
Definitions.
A portion of a lot, tract, or parcel that encompasses the
primary and replacement area and which shall be delineated and preserved.
The primary and replacement areas need not be contiguous.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et. seq.
A certified Sewage Enforcement Officer (SEO) for the Township
of South Hanover.
The Board of Supervisors for the Township of South Hanover,
Dauphin County, Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage 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 and which shall comply
with all applicable regulations of the Department.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
Any person, partnership or corporation which erects or contracts
to erect a building on property owned by it with the intent to sell
the building to some other party upon its full or partial completion,
or upon the conveyance of property on which the building is to be
built.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial, or institutional establishment with sewage flows equal
to 230 gallons per day.
Any 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 and any waters of the Commonwealth of Pennsylvania
or by means of conveyance to another site for final disposition, and
which is located upon the lot which it serves.
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, No. 247 as amended
and reenacted, 53 P.S. § 10101 et. seq.
A parcel of land used or intended to be used as a building
site or separate parcel to be created as a result of approval of a
subdivision or land development application or a condominium unit.
The condition which occurs when an on-lot system causes pollution
to the ground or surface waters of the commonwealth, contamination
of private or public drinking water supplies, nuisance problems or
hazards to public health.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by the Department
in accordance with the Act and with applicable Department regulations.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
Any person, corporation, partnership, etc., holding deed
or title to lands within the Township.
Any individual, association, partnership, public or private
corporation whether for profit or nonprofit, trust, firm, estate,
or other legally recognized entity. Whenever the term "person" is
used in connection with any clause providing for the imposition of
a fine or imprisonment or the ordering of the action to comply with
the terms of this article, the term "person" shall include the members
of an association, partnership or firm and the officers of any public
or private corporation, whether for profit or not-for-profit.
A revision to the Township Official Plan submitted in connection
with the request for approval of a subdivision or land development
in accordance with the Department regulations.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot sewage disposal system.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
Both primary and replacement absorption areas must pass percolation
and probe tests.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes, but is not limited
to the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designated to receive sewage, where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains any waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, or to animal or aquatic life or to the
use of water for domestic water supply or for recreation, or a substance
which constitutes pollution to the waters of the commonwealth under
the Clean Streams Law (35 P.S. § 691.1001), as amended.
A person certified by the State Board for the Certification
of Sewage Enforcement Officers, who is appointed by the Board to administer
the provisions of this article, the provisions of the Act, and as
further defined in Chapters 71, 72 and 73.
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 treatment and disposal of sewage or other waste.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this article.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
An on-lot system that uses the renovation capacity of the
soil for final treatment of the effluent. The SEO permitted systems,
except retention tank systems, are soil absorption systems.
The division or redivision of a lot, tract, or parcel of
land into two or more lots, tracts, parcels or other divisions of
land, including changes in existing lot lines. The enumerating of
lots shall include as a lot that portion of the original tract or
tracts remaining after other lots have been subdivided therefrom.
Township of South Hanover, Dauphin County.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to effluent discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
3.
Additional definitions. All words within this article which are defined
within Chapters 71, 72, or 73 of the regulations of the Department
which are not otherwise defined herein shall have those definitions
contained in said regulations.
[Ord. No. 3-2020, 4/14/2020]
From the effective date of this article, its provisions shall
apply in any portion of the Township identified in the Official Sewage
Facilities Plan as a sewage management district. Within such an area
or areas, the provisions of this article shall apply to all persons
owning any property serviced by an on-lot sewage disposal system and
to all persons installing or rehabilitating on-lot sewage disposal
systems.
[Ord. No. 3-2020, 4/14/2020]
1.
All individual or community on-lot systems, regardless of the size
of the lot, tract, or parcel on which they are proposed to be constructed,
must obtain a permit from the Sewage Enforcement Officer (SEO) which
permit shall indicate that the site and the plans and specifications
of such system are in compliance with the provisions of the Clean
Streams Law (35 P.S. §§ 691.1-691.1001) and the Pennsylvania
Sewage Facilities Act (35 P.S. § 750.1 et. seq.) and the
regulations adopted pursuant to those acts.
2.
Building and zoning permits shall not be issued for any building
or improvement to real property to be serviced by an on-lot system,
prior to receiving a permit for the installation of the on-lot system
from the SEO.
3.
All system components including absorption areas and replacement
areas must be located on the same lot, tract, or parcel as the structure
they will serve.
4.
Applicants for sewage permits are required to notify the Sewage Enforcement
Officer of the schedule for construction of the permitted on-lot sewage
disposal system so that inspection(s) in addition to the final inspection
required by the Sewage Facilities Act may be scheduled and performed
by the Sewage Enforcement Officer.
5.
No on-lot system shall be altered, extended, augmented, modified
or repaired without the issuance of a repair permit by the SEO.
6.
No on-lot system shall be used or loaded in a manner which is inconsistent
with the permit that was issued to authorize that system's installation.
7.
Permit applications for on-lot systems, which include electronically,
mechanically, hydraulically, or pneumatically operated or controlled
devices shall be accompanied by respective manufacturer's recommended
maintenance schedule and product specifications.
8.
Sewage permits may be issued only by the Sewage Enforcement Officer
employed by the Township. DEP shall be notified as to the identity
of each Sewage Enforcement Officer employed by the Township of South
Hanover.
[Ord. No. 3-2020, 4/14/2020]
1.
A replacement area shall be required for all proposed lots, which
are to be serviced by a soil absorption system.
2.
A replacement area shall be required for all new land development,
as of the effective date of this article, which is intended to be
served by a soil absorption system, but for which a permit to install
an on-lot system has not been issued.
3.
Allowance of open land for the replacement area, without performance
of appropriate soil testing to verify suitability of the land for
a replacement area, shall not constitute compliance with the requirements
of this section.
4.
The location of the primary and replacement areas shall be delineated
and identified as an absorption area easement on the plot plans, and
maps or diagrams submitted as part of the permit application, and
subdivision or land development plan. Both the primary and replacement
absorption areas must pass percolation and probe tests conducted by
the Sewage Enforcement Officer.
5.
The description, including boundary description, of every absorption
area easement shall be recorded as part of the deed for each lot created
as part of a subdivision or land development, and shall contain language
reflecting the following:
A.
No improvements, whether permanent or temporary, shall be constructed
upon or within the absorption area easement.
B.
No permanent or temporary alterations, grading, excavation, stockpiling
of any soil or any other material shall take place on or in the absorption
area easement.
C.
During any construction or other activities, the absorption area
easement shall be so marked to prevent equipment with greater wheel
loadings than a common garden tractor/riding mower from traveling
over or operating upon the surface of the absorption area easement.
D.
The final cover or improvement to every absorption area easement
shall be limited to shallow-rooted plant matter (grass).
6.
A landowner wishing to alter the use of the absorption area easement
must first document, through a site evaluation by the SEO, that an
additional area suitable for the installation of an on-lot system
exists with percolation and probe results, and upon such a finding
shall:
7.
Within 30 days of the approval by the Sewage Enforcement Officer,
the landowner shall record the Declaration of Easement at the Dauphin
County Recorder of Deeds' Office.
8.
Landowner shall file a copy of the recorded easement with the Township.
[Ord. No. 3-2020, 4/14/2020]
1.
All applications for on-lot systems which propose to use an individual
residential spray irrigation system as the treatment method shall
be accompanied by one of the following:
A.
A maintenance agreement between the landowner and an individual,
firm or corporation experienced in the operation and maintenance of
sewage treatment systems; or
B.
A maintenance agreement between the landowner and an association,
trust or other private entity, which is structured to, and which accepts
the responsibility for proper operation and maintenance of the individual
residential spray irrigation system.
2.
Applications for individual residential spray irrigation systems
shall be accompanied by a financial guarantee of the same type and
character that is required for public improvements by the Township's
Subdivision and Land Development Ordinance.[1]
3.
The financial guarantee shall assure that the Township has access
to sufficient funds to operate, maintain, repair, or replace any component
of the individual residential spray irrigation systems in the event
that the owner:
A.
Fails to maintain the system or any of the system's components
according to the manufacturer's specifications, or,
B.
Fails to service, clean, inspect, and/or pump the treatment tank(s)
according to the other applicable standards of this article, or,
C.
Fails to conduct testing and monitoring at least annually or more
frequently if required by DEP regulation and report the results of
any laboratory analysis to the Township, or,
4.
From the date the permit application is submitted to the SEO or Township
and continuing for a period ending two years after the system installation
is approved by the SEO, the financial assurance shall be in an amount
not less than 50% of contract price of installation of the individual
residential spray irrigation systems and piping, tankage, and other
related system components.
5.
Beginning two years after the date of the system's installation
is approved by the SEO and continuing for the system's design
life, the financial assurance shall be reduced to an amount not less
than 10% of the actual construction cost for the installation of the
individual residential spray irrigation systems and all piping, tankage,
and other related system components.
6.
The financial guarantee shall be forfeited by the landowner and the
Township shall apply the funds to the repair, operation, or maintenance
of the system when:
A.
The system is not maintained according to the standards of this article,
applicable DEP regulations, or the manufacturer's specifications,
or
B.
The treatment tank(s) are not serviced, cleaned, inspected and/or
pumped according to the applicable standards of this article, or
C.
The testing and monitoring are not conducted according to the standards
of this article, or
[Ord. No. 3-2020, 4/14/2020]
1.
An authorized agent may inspect any on-lot sewage disposal system
at any reasonable time as of the effective date of this article. The
authorized agent must notify the landowner of the inspection prior
to entrance onto the property.
2.
On-lot sewage disposal inspections can include a physical tour of
the property, the taking of samples from surface waters, wells, other
groundwater 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 in the structure.
3.
An authorized agent shall inspect systems known to be, or alleged
to be, malfunctioning. Should said inspections reveal that the system
is indeed malfunctioning, the authorized agent shall order action
to be taken to correct the malfunction. If total correction cannot
be done in accordance with the regulations of DEP, including, but
not limited to, those outlined in Chapter 73 of Title 25 of Pennsylvania
Code; or, is not technically or financially feasible in the opinion
of the authorized agent and a representative of DEP; then action by
the property owner to mitigate the malfunction shall be required.
4.
If there arises a geographic area where numerous on-lot sewage disposal
systems are malfunctioning, a resolution of these area-wide problems
may necessitate detailed planning and a revision to the portion of
the Sewage Facilities Plan pertaining to areas affected by such malfunctions.
If a DEP authorized Official Sewage Facilities Plan Revision has been
undertaken, repair or replacement of individual malfunctioning sewage
disposal systems within the area affected by the revision may be delayed,
pending the outcome of the plan revision process. However, immediate
corrective action will be compelled whenever a malfunction, as determined
by the Township of South Hanover Officials and/or the Department,
represents a serious public health or environmental threat.
[Ord. No. 3-2020, 4/14/2020]
1.
Only normal domestic wastes shall be discharged into any on-lot 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 (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents; and
D.
Clean surface or ground water, including water from roof or cellar
drains, springs, basement sump pumps, and french drains.
[Ord. No. 3-2020, 4/14/2020]
1.
The owner of the property upon which an on-lot system is constructed
shall at all times operate and maintain the on-lot system and the
area around the system in such condition as will permit it to function
in the manner it was designed and to prevent the unlawful discharge
of sewage.
2.
In the event a landowner detects conditions that indicate or could
reasonably indicate a malfunction, the landowner shall contact the
SEO and, if repair and replacement is necessary, apply for a permit
to repair or replace the malfunctioning system.
A.
Landowners who disclose to the SEO the presence of a malfunction
upon their lands shall not be penalized for the disclosure, provided
that voluntary repairs are scheduled.
B.
If a landowner that has disclosed the presence of malfunction fails
to make voluntary repairs, the Township may seek injunctive or other
relief to compel the repair of the malfunction or cause the repair
to be effectuated.
3.
Every aerobic or septic treatment tank which discharges effluent to a soil absorption area or to an individual residential spray irrigation system shall be pumped out according to the schedule in § 18-511 of this article. If a component's manufacturer requires a more frequent pumping interval than that contained in this article, that interval shall be deemed to be the minimum interval for pumping and should be conveyed to the Township.
4.
When an on-lot system's treatment tank(s) is/are pumped out,
all dosing tanks, lift tanks and other tanks associated with the system
shall also be pumped out.
5.
Retaining tanks shall be pumped out at such intervals as will prevent
overflow, leakage, backup, other malfunction, or a public health hazard
or nuisance but no less frequently than what is recommended by the
manufacturer.
6.
Pumping and inspection of OLDS in maintenance districts, as discussed in § 18-511, shall meet the following requirements:
A.
All tanks in each OLDS system shall be pumped and inspected during
each three-year period. Inspections without pump-out are not acceptable.
B.
Pumping and inspection shall be completed by a pumper/hauler registered
with the Township.
C.
When pumping, septage shall be removed to a depth no greater than
one inch above the bottom of the tank. If necessary, back flushing
shall be employed to achieve this standard.
D.
Inspections shall be conducted by inspectors certified by the Pennsylvania
Septage Management Association (PSMA). Inspectors shall complete the
inspection report form provided by the Township, including providing
their current PSMA certification number, and shall provide the original
inspection report to the landowner.
E.
All tanks shall be pumped and inspected through a permanent access
manhole. Inspection ports shall not be used for pumping.
F.
If a permanent access manhole (a minimum of 20 inches in diameter)
isn't provided to ground level or within six inches below ground
level, the landowner shall have the access manhole raised so that
proper pumping and inspection of the tank can occur. Extensions shall
be airtight. Access covers (lids) shall be secured by bolts or locking
mechanisms, or have sufficient weight to prevent unauthorized access.
The ground shall slope away from all access covers.
G.
Landowners shall be responsible for all fees charged by the pumper/hauler
for pumping and inspection, and raising of the access manhole (if
required).
H.
Pumper/haulers shall submit the inspection report to the Township,
along with an administrative fee determined by resolution of the Township
within 30 days of inspection.
7.
Any person owning a building served by an aerobic treatment tank
or an on-lot system, which includes any electrically, mechanically,
hydraulically, or pneumatically operated or controlled device, shall
follow the maintenance recommendations of the equipment's manufacturer.
A.
If not on file with Township, a copy of the manufacturer's recommendations
and owner's manual shall accompany the Inspection report the
first time the system is pumped after the effective date of this article.
B.
Landowners of systems with components requiring periodic maintenance
shall submit receipts as proof of maintenance/service was performed
at the intervals called for and in a manner consistent with the various
components' manufacturers.
8.
The Township SEO may require additional maintenance activities including,
but not limited to, cleaning or unclogging of piping, servicing or
repair of mechanical equipment, leveling of distribution boxes, tanks
and lines, removal of obstructing roots or trees, and diversion of
surface water away from soil absorption areas.
[Ord. No. 3-2020, 4/14/2020]
1.
All pumper/hauler businesses operating within the Township shall
annually, by the last business day of May:
A.
Register with Township and shall comply with all reporting requirements
established herein;
B.
Operate in a manner consistent with the provisions set forth by the
Township;
C.
Provide a current fee schedule for all services required under this
article, and a list of PSMA-certified inspectors who will be used
to meet the inspection requirements of this article; and
D.
Provide documentation that all septage pumped from properties within
the Township boundaries will be delivered to a DEP approved site or
facility.
[Ord. No. 3-2020, 4/14/2020]
2.
Every tank associated with every on-lot system in the Township shall
be pumped every three years, and every system inspected at the time
of pumping.
3.
The requirements of this section shall become effective in a sequential
manner:
|
Area
|
First Pumping and Inspection Completed By
|
|---|---|
|
Area A
|
December 31, 2021
|
|
Area B
|
December 31, 2022
|
|
Area C
|
December 31, 2023
|
A.
Based solely on the determination of the Township, any system located
in Area A which tank was pumped out and system inspected between January
1, 2020 and December 31, 2020 shall be exempt from an additional pumping
and inspection during calendar year, 2021. Thereafter beginning in
2024, such Area A systems will be required to have their tanks pumped
out and systems inspected on a triannual basis along with all other
Area A systems.
5.
Landowners may choose to have tanks pumped out more frequently, but
will still be required to pump-out during their scheduled cycle every
three years.
6.
Inspections may also include, but are not limited to:
A.
Taking of samples from surface water, wells, other groundwater sources;
B.
Sampling of the contents of the sewage disposal systems; and
C.
Introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and/or ultimate destination
of wastewater generated in the structure.
7.
In the event that a landowner fails to have performed the required
pump-out and inspection, the Township's authorized agent shall
have the right to enter upon land for the purposes of the pump-out
and inspections required by this article.
8.
Prior to entry for pump-out and inspection, the Township shall give
advanced notice to the occupant of a property to enable the occupant
of a property to be personally present or be represented by an agent
at the time of such entry.
9.
Advanced notice shall be given at least 24 hours prior to entry,
unless waived, and shall be by any of the following:
A.
Telephone;
B.
Ordinary U.S. mail;
C.
A written notice posted at the entrance to the structure or other
place where it is likely to be seen by the owner or occupant; or
D.
If the property appears to be vacant, notice shall be given by ordinary
U.S. mail to the owner of record at the last known address, which
appears in the records of the Dauphin County Tax Assessment Office.
10.
In the event that access to pump-out and inspect the property is
denied, the Township shall proceed according to law to obtain a search
warrant and conduct the inspection established in this article. The
costs of obtaining a search warrant shall be borne by the landowner
and shall be lienable as claims made against the property to the extent
allowed by law.
11.
No provision of this article shall require notice to be given before
entry where it can be observed from a public street that an on-lot
system is malfunctioning or being operated improperly.
[Ord. No. 3-2020, 4/14/2020]
1.
Upon written review from the SEO that an imminent health hazard exists
due to failure of a property owner to properly operate, maintain,
repair or replace an on-lot system as provided under the terms of
this article, the Board shall have the authority to perform or contract
to have performed, any repairs as may be directed by the SEO to abate
the health hazard.
2.
The costs for the actual repair, repair permit, and site investigations
in support of the permit shall be borne by the property owner.
3.
The Township may take whatever action necessary to recover these
costs in accordance with law, including entering a lien against the
property.
4.
The Township may seek injunctive relief to prevent continued use
of a malfunctioning on-lot system.
[Ord. No. 3-2020, 4/14/2020]
1.
The Township shall compel corrective action whenever a malfunction
is identified.
A.
The Township shall issue a written notice of violation to any person
who is the owner of a property in the Township on which is found a
malfunctioning on-lot system, or on which raw or partially treated
sewage is discharged without a permit.
B.
Within 14 days of notification by the Township that a malfunction
has been identified, the owner shall make application for a repair
permit to abate the malfunction.
C.
Within 60 days of the original notification by the Township, construction
of the permitted repair or replacement shall commence unless seasonal
or unique conditions mandate a longer period, in which case the Township
shall set an extended commencement date.
D.
Within 90 days of the original notification by the Township, the
construction shall be completed unless seasonal or unique conditions
mandate a longer period, in which case the Township shall set an extended
completion date.
2.
The Township shall compel or may take immediate corrective action
whenever a malfunction represents a public health hazard or environmental
threat.
3.
The Township's SEO shall require the repair of malfunctions
by any of the following methods, either individually or in combination,
which are consistent with the DEP's policies regarding best technical
guidance (BTG):
A.
Cleaning;
B.
Repairing and/or replacing of components of the existing system;
C.
Adding capacity or otherwise altering or replacing the system's
treatment tank;
D.
Expanding or replacing the existing absorption area;
E.
Replacing a gravity distribution system with a pressurized system;
F.
Replacing the system with a holding tank;
G.
Installing or replacing existing water consuming devices, fixtures
or equipment with water conserving devices, fixtures or equipment
and/or the institution of water conservation practices noted by Sewage
Enforcement Officer and submitted to the Township;
H.
Limiting or eliminating the use of laundry facilities noted by the
Sewage Enforcement Officer and submitted to the Township; and
I.
Any other alternative appropriate for the specific site to lessen
or mitigate the malfunction to the greatest extent possible.
4.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing on-lot system, the owner
may be required to apply 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 90 days.
[Ord. No. 3-2020, 4/14/2020]
The Township, upon written notice from the Sewage Enforcement
Officer that an imminent health hazard exists due to failure of property
owner to maintain, repair, or replace an on-lot sewage disposal 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 therefor in accordance
with law.
[Ord. No. 3-2020, 4/14/2020]
1.
All septage originating within the sewage management district shall
be disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et. seq.)
and other applicable laws and at sites or facilities approved by DEP.
Approved sites or facilities shall include the following: sewage treatment
facilities, wastewater treatment plants, composting sites, and approved
farm lands.
2.
Pumper/haulers of septage operating within the sewage management
district shall operate in a manner consistent with the provisions
set forth by the Township and all other applicable laws.
[Ord. No. 3-2020, 4/14/2020]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
2.
The Township shall employ qualified individuals to carry out the
provisions of this article. Those employees shall include a sewage
enforcement officer and may include an administrator and such other
persons as may be necessary. The Township may also contract with private
qualified persons of firms as necessary to carry out the provisions
of this article.
3.
All permits, records, reports, files and other written materials
relating to the installation, operation and maintenance and malfunction
of on-lot sewage disposal systems in the sewage management district
shall become the property of, and be maintained by, the Township.
Existing and future records shall be available for public inspection
during regular business hours at the municipal office of the Township.
All records pertaining to sewage permits, building permits, occupancy
permits, and all other aspects of the sewage management program shall
be made available, upon request, for inspection by representatives
of the Pennsylvania Department of Environmental Protection.
4.
The Township of South Hanover Board of Supervisors shall establish
all administrative procedures necessary to properly carry out the
provisions of this article.
5.
The Township of South Hanover Board of Supervisors may by resolution
establish a fee schedule, and authorize the collection of fees, to
cover the cost to the Township of South Hanover of administering this
program.
[Ord. No. 3-2020, 4/14/2020]
1.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board of Supervisors
in writing within 30 days from the date of mailing of written notification
of the decision in question.
2.
Appeals shall:
3.
Appeals must be accompanied by the appropriate fee as set by resolution
of the Board.
4.
Within 10 days of receipt of an appeal, the Board of Supervisors
shall schedule a public hearing, which shall be conducted pursuant
to the Local Agency Law within the next 30 days.
5.
The Board shall issue its written decision within 20 days of the
end of the hearing.
6.
Only in the case of a demonstrated hardship may the Board, in its
discretion, grant a variance from the provisions of this article.
A.
Any such variance shall, to the greatest extent possible, protect
the public health and the quality of the water resources of the Township.
B.
When in the opinion of the Board it is necessary to meet the purposes
of this article, a variance may be conditioned upon measures not specified
in this article.
7.
At all times, the burden to present credible evidence and the burden
of persuasion shall be upon the applicant seeking relief.
8.
No lot shall be completely exempted from the requirements of § 18-511 of this article regarding initial system inspection and/or periodic tank pumping.
A.
The required pump-out frequency for treatment tanks may be altered
by the Township. The SEO may reduce (shorten) the interval between
pump outs to assure proper operations of the system based on:
B.
Any altered pumping frequency shall automatically end when the factors
upon which the altered requirements are predicated are removed or
are no longer applicable.
[Ord. No. 3-2020, 4/14/2020]
1.
It shall be illegal to construct, alter or repair an on-lot system
without first obtaining a permit for the installation or repair from
the SEO.
2.
It shall be illegal to fail to maintain the components of an on-lot
system at the intervals specified in this article or those specified
by the equipment manufacturer.
3.
It shall be illegal for a pumper/hauler to fail to file the necessary
reports in a timely manner.
4.
Any person who violates any of the provisions of this article shall
be subject to prosecution by the Township and, upon summary conviction
before a district justice, shall be subject to a fine of not more
than $1,000, or imprisonment to the extent allowed by law for the
punishment of summary offenses.
5.
Each day of a continuing violation shall be considered a new and
separate violation of this article and shall be subject to a separate
penalty.
6.
Any pumper/hauler who has been convicted on two occasions for violating
this article, or who fails to comply with any of the provisions of
this article, or who violates the conditions of its DEP permit relating
to the handling, treatment, or disposition of septage materials, or
of any state law or Township ordinance governing its operation, shall
be barred from operating within the Township for a period of not less
than six months nor more than two years, as determined by the Board.
7.
In addition to any other actions to obtain compliance, the Township
may assess civil penalties as described in the Pennsylvania Sewage
Facilities Act.
