[Adopted 10-9-2023 by Ord. No. 2-2023; amended in its entirety 4-14-2025 by Ord. No. 2-2025]
A. 
This article shall be known and may be cited as the "Sewage Management Program for the Township of Fermanagh."
B. 
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., know 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 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 Fermanagh 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.
C. 
The purpose of this article is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal process necessary for the proper administration of a sewage 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 purpose of this article, the terms used shall be construed to have the following meaning:
ACT
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.
ALTERNATIVE SYSTEM
A system for the disposal of domestic waste-waters not operating below ground level but located on or near the site of the building or buildings being served (e.g., composting toilets, gray water recycling systems, incinerating toilets, spray irrigation, black water recycling systems, etc.)
AUTHORIZED AGENT
A licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of the Township of Fermanagh to carry out the provisions of this article.
BOARD
The Board of Supervisors of the Township of Fermanagh.
CODES ENFORCEMENT OFFICER (C.E.O.)
An individual employed by the Township to administer and enforce this and other ordinances in the Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly of privately owned, for the collection of sewage publicly, or industrial wastes of a liquid nature from two or more lots or uses, or two or more equivalent dwelling units, 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.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DEVELOPER
Shall be defined as 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 buildings is to be built.
EQUIVALENT DWELLING UNIT (EDU)
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 350 gallons per day.
INDIVIDUAL SEWAGE SYSTEM
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 or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
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
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.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system causes pollution to the ground or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush green grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
MANAGEMENT PROGRAM
The management program shall encompass the entire area of the Township of Fermanagh serviced by sewage facilities or any other alternative system which discharges into the soil of the Township. All systems shall be operated under the jurisdiction of the Township of Fermanagh Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of this commonwealth.
MUNICIPALITY
The Township of Fermanagh, Juniata County, Pennsylvania.
OFFICIAL PLAN
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.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any sewage system disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, and which is located upon the lot which it serves.
OWNER
Any person, corporation, partnership, etc. holding deed/title to lands within the Township of Fermanagh.
PERSON
Any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, 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 penalty or the ordering of 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.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or exception to the revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
PUMPER/HAULER
Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal 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 system 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 individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plans as filed with the Juniata County Recorder of Deeds.
SEPTAGE
The residual scum and sludge pumped from septic systems.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or any noxious or deleterious substance being harmful or inimical to the public health, or to the animal or aquatic life or to the use of water for domestic water supply or for recreation.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person authorized by the Pennsylvania Department of Environmental Protection in accordance with Chapter 71, Administration of Sewage Facilities Program, of Title 25, Rules and Regulations;[1] to perform percolation tests, site and soil evaluation, and issue sewage permits for on-lot disposal systems. The Sewage Enforcement Officer of the Township.
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 sage and sanitary treatment of sewage.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 No. 247, as amended, 53 P.S. § 10101 et seq.
TOWNSHIP
The Township of Fermanagh, Juniata County, Pennsylvania.
[1]
Editor's Note: See 25 Pa. Code Chapter 71.
C. 
Reference source. All other definitions of words and terms used in this article shall have the same meaning as set forth in Chapter 73, Department of Environmental Protection.[2]
[2]
Editor's Note: See 25 Pa. Code Chapter 73.
From the effective date of this article, its provisions 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. The entire Township is, therefore, included in the management program.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 to 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 of the Pennsylvania Sewage Facilities Act[1] and the standards are adopted pursuant to that Act.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
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 municipal Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the Sewage Enforcement Officer 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 Sewage Enforcement Officer.
C. 
The Township may require applicants for swage permits to notify the Township's certified 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 Act 537 may be scheduled and performed by the Township's certified Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued by the Township or its Codes Enforcement Officer for a new building which will contain sewage generating facilities until a valid sewage permit has been obtained from the Township's certified 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 structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until the Township's Codes Enforcement Officer and the structures owner receive from the Township's sewage enforcement officer either a permit for alteration or a replacement of the existing sewage disposal system or written notification that such a permit will not be required. The certified Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
F. 
Each applicant who shall submit a plan for the subdivision or development of land or who shall apply for a permit for the installation of an individual on-lot sewage system, or who shall request approval of a planning module for land development or the adoption of a revision, exception to revision, or supplement to the Official Plan shall demonstrate to the satisfaction of the SEO that a suitable area exists on the lot or on each lot to be created for an initial individual on-lot sewage system and for the replacement area. The SEO shall perform or observe all tests required for the location of an individual on-lot sewage system to confirm the suitability of the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section.
G. 
The location of the initial individual on-lot sewage system and the replacement area as confirmed by the SEO shall be identified on the plot plans and diagrams submitted as part of the permit application.
H. 
If the application has been submitted as part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module for land development or amend its Official Plan, or request for an exception to the revision of the Official Plan, the location of each individual on-lot sewage system and each replacement area shall be noted upon the plans. If the applications is for subdivision or land development approval, a note constituting a permanent easement shall be added to the plans stating that no improvements shall be constructed upon the replacement area, and the deed to be recorded for each lot created as part of the subdivision or land development shall containing language reflecting this limitation.
I. 
Any revisions to a permit or plan affecting a replacement area which previously has been approved pursuant to the provisions of this article shall be reviewed for approval by the Board or its authorized agent.
J. 
The easement for the replacement area noted upon the Plan and recorded with the Juniata County Recorder of Deeds shall state that no permanent or temporary improvements of any character, other than shallow rooted plant matter, shall be constructed upon the replacement area.
K. 
This provision shall be enforced by the Township unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area which complies with all applicable regulations of the DEP, this article and all other applicable Township ordinances, exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area required by this article and shall be designated as the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for purposes of this article.
L. 
Application for exception.
(1) 
If any lot held in single or separate ownership as of the effective date of this section of this article does not contain land suitable for a replacement area, the applicant submitting a land development plan or planning module for land development or desiring to install an individual on-lot sewage system may request that the municipality grant an exception to the requirement of providing a replacement area. The applicant for such an exception shall present credible evidence to the Board demonstrating:
(a) 
That the lot was held in single and separate ownership on the effective date of this article;
(b) 
The size of the lot;
(c) 
Inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and
(d) 
The testing conducted to determine that the lot is not suitable to provide a replacement area.
(2) 
At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article and in no case shall any lot be exempted from the requirements of the permitting requirements hereinbefore set forth.
M. 
Sewage permits may be issued only by a certified Sewage Enforcement Officer employed by the Township for that express purpose. The Department of Environmental Protection shall be notified by the Township as to the identity of their currently employed, certified Sewage Enforcement Officer.
N. 
No sewage permit may be issued unless proof is provided 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 Township.
O. 
No final Act 247[2] approval on a subdivision plan may begin until Act 537 planning is approved by the Township.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Any persons who shall install new or rehabilitated 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 Township's SEO. In addition, a riser or access hatch shall be constructed so as to enable easy access to the waste disposal tank, and prevent odors from escaping and to prevent children from removing the hatch. Accessibility for visual inspection and maintenance shall be provided in the drainage fields via four inch vertical, non-perforated PVC pipe connected directly to the drain tile at a minimum of four locations in the drainage field. If not installed by the Township or its authorized agent, such installation shall be subject to its approval.
A. 
The Township's authorized agent shall have the right to enter upon the 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 matter will be officially referred to the Board of Supervisors for action;
(2) 
The Board may schedule a review at the next scheduled meeting of the Board of Supervisors or, if the situation threatens the health or safety of the residents of the Township, the Board of Supervisors may commence a procedure to obtain a search warrant from the Magisterial District Judge;
(3) 
Upon receipt of a search warrant to inspect the property, the authorized agent of the Township shall be accompanied by an officer of the county or state police, and the inspection shall be completed in accordance with this subsection; and
(4) 
The provisions of this subsection for obtaining a search warrant may be waived only when the Township Board of Supervisors and its authorized agents have reason to believe that the sewage facilities or alternative system is malfunctioning or being operated improperly such that the situation poses an immediate and substantial safety, water pollution, or health hazard.
B. 
A schedule of routine inspections may be established by the Township, if necessary, to assure the proper function of the systems in the Township.
C. 
The Township's authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Township shall take action to require the correction of the malfunction. If total correction is not technically or financially feasible in the opinion of the Township and a representative of the Pennsylvania Department of Environmental Protection, action by the property owner to mitigate the malfunction shall be required.
D. 
There may arise geographic areas within the Township where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these are wide problems may necessitate detailed planning and a Township 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 Township, mandatory repair or replacement of individual malfunctioning sewage disposal systems within the study area may be delayed, at the discretion of the Township, pending the outcome of the plan revision process. However, the Township may compel immediate corrective action whenever a malfunction, as determined by Township officials and the Pennsylvania DEP, represents a serious public health or environmental threat.
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, acids, paints, paint thinners, herbicides, gasoline and other solvents; and
D. 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and French drains.
A. 
Any person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler at reasonable intervals, but in no case shall such interval exceed five years.
B. 
The required pumping frequency may be increased at the discretion of the authorized agent if the septic tank 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.
(1) 
The Township may allow septic tanks not to be pumped out at alternating intervals when the owner can demonstrate to the Township that the system can operate properly without the need for pump out for a period longer than five years. Such a request may be made at any time and must be in writing with all supporting documents attached. The Township, in making its determination, shall take into account the information submitted by the applicant, the sewage permit issued by the Township SEO upon installation or rehabilitation of the system and supporting documentation, reports of inspection including documentation that the sludge depth is less than 1/3 of the tank capacity as determined by a certified hauler, maintenance of the system, 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 90 days of accumulation of all necessary information by the Township.
(2) 
The Township may delay any persons initial required pumping so as to confirm to the general five year frequency requirement provided that said person provides a receipt or other written evidence showing that their tank has been pumped within five years of the first anniversary of the effective date of this article.
(3) 
The municipality may allow septic tanks to be pumped out at less frequent intervals when the owner can demonstrate to the municipality that the system can operate properly without the need of pumping for a period longer than five years, but in no case shall such period extend beyond 10 years.
C. 
Pumpers report.
(1) 
Any persons owning a property served by a septic tank 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 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 SEO for approval of the necessary repair. Each time a septic tank or other subsurface waste disposal system tank is pumped out the private septic waste hauler shall provide to the owner of the subsurface waste disposal system and the municipality within 30 days of the date of pumping a signed Township of Fermanagh, Juniata County, Pumpers Report in the form attached hereto as Exhibit "A"[1] containing the following information:
(a) 
Date of pumping;
(b) 
Name and address of system owner;
(c) 
Address of tanks location, if different from owner;
(d) 
Description and diagram of the location of the tank, including the location of any markers, risers and access hatches and size of the tank;
(e) 
Age of the system;
(f) 
Date of last pump out;
(g) 
List of other maintenance performed;
(h) 
Any indications of system malfunctions observed;
(i) 
Amount of septage or other solid or semi-solid material removed;
(j) 
Cost of the pumping service; and
(k) 
Waste hauler's state license number permitting it to collect and haul septage in Pennsylvania.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
(2) 
The owner and private septage waste hauler shall be jointly and severally liable to the municipality with regard to the fulfillment of the obligations imposed hereunder.
D. 
Any person owning a building served by an alternative system or on-lot 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 recommendations and a copy of the service agreement shall be submitted to the Township within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals exceed those for those required for septic tanks.
E. 
Any person owning a building served by a cesspool or dry well shall have that system pumped according to the schedule prescribed for septic tanks. As an alternative to this scheduled pumping of the cesspool or dry well, the owner may secure a sewage permit from the certified SEO for a septic tank to be installed preceding the cesspool or dry well. For a system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval.
F. 
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 are, etc.
A. 
No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry waste 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 Township shall 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 on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make applications to the municipality's certified SEO for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the municipality, construction of a permitted repair or replacement shall commence. Within 60 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.
D. 
The municipality's certified SEO shall have the authority to require 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 in Subsection D above, the municipal SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devises 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. 
In the event that the rehabilitation measures of Subsections A through E are not feasible or do not prove effective, the Township may require the owner to apply for a permit to construct a holding tank in accordance with Township ordinance. Upon receipt of said permit the owner shall complete construction of the system within 30 days.
G. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action necessary to lessen or mitigate the malfunction to the extent that it feels necessary.
The municipality, upon written notice from the municipal SEO that an imminent health hazard exists due to failure of a 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 perform or contract to have performed, the work required by the certified SEO. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefore in accordance with law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All septage originating within the municipal sewage management district 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 farm lands.
B. 
Septage pumper/haulers operating within the Township 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 6018.100). Any septage pumper/hauler who violates any of the provisions of this article or regulations of the Township of Fermanagh, 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 90 days. If any pumper/hauler shall have been convicted on two occasions of any violation in this article, or for violating the conditions of its state permit, or of any state or local law governing its operation, the Board of Supervisors shall have the power to suspend said pumper/hauler from operating within the Township for a period of not less than six months or more than two years for each violation, as determined by the Township. Each day the violation continues shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All septage pumper/haulers operating within the Township shall be licensed by the Township and shall comply with all reporting requirements established by the Township. Prior to engaging in any septic tank pumping or septage hauling within the municipality after the effective date of this article any person, partnership, corporation, individual or other legal entity shall obtain from the Township a license to do so and shall apply therefore using the form attached hereto as Exhibit "B."[1] Each applicant shall also execute an Indemnity Agreement in favor of the Township as attached hereto as Exhibit "C."[2] All municipal ordinances, county ordinances, laws of the Commonwealth of Pennsylvania, the federal government and rules and regulations promulgated there under must be observed by the pumper/hauler. It is the pumper/haulers responsibility to be familiar with applicable laws, ordinances, rules and regulations and to comply with those requirements. Failure to comply with such mandate shall be deemed cause for cancellation of the license to conduct these activities with the municipality. All applicants for a license under the provisions of this article will be required to provide certification of compliance with the following minimum insurance requirements:
(1) 
Worker's compensation, including occupational disease and employers liability and insurance, in amounts and coverages as required by the worker's compensation laws of the Commonwealth of Pennsylvania.
(2) 
Commercial general liability: property damage liability in the amount of $1,000,000 for each occurrence; damage to rented premises of $100,000 for each occurrence; medical expense (any one person) $5,000; personal and advertising injury of $1,000,000; general aggregate of $2,000,000; and products-completed operations coverage AGO of $2,000,000.
(3) 
Comprehensive automobile liability insurance, including coverage for owned, non-owned and hired vehicles with limits not less than $1,000,000 combined single limit for each accident.
(4) 
Environmental protection liability in the amount of $1,000,000 per occurrence or pumper/hauler shall enter into a hold harmless, indemnification agreement with the municipality.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
[2]
Editor's Note: Said exhibit is included as an attachment to this chapter.
B. 
Each pumper/hauler wishing to do business within the municipality shall be licensed by the municipality and, in addition thereto, shall pay to the municipality on a monthly basis a fee established from time to time by resolution of the Board of Supervisors per tank pumped by the pumper/hauler during the preceding month.. Each pumper/hauler wishing to do business within the municipality shall certify that they are registered in and in compliance with Pennsylvania's Waste Transportation Safety Act (Act 90 of 2002, Chapter 62) as amended, 27 Pa.C.S.A. § 6201 et seq.
C. 
All permits, records, reports, files and other written material relating to installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the sewage management district shall become the property of the municipality. Existing and future records shall be available for public inspection during required business hours at the official municipal 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 Township Supervisors shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Supervisors may establish a fee schedule, and subsequently collect fees, to cover the cost to the Township of administering this program.
A. 
Appeals from decisions of the Township or its authorized agents under this article shall be made to the Township Supervisor in writing within 45 days from the date of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Supervisors at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent meeting. The Township shall thereafter affirm, modify or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the municipality. Additional evidence may be introduced at the hearing provided that it is submitted with the written notice of appeal.
C. 
A decision shall be rendered in writing within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the release sought by the appellant shall be deemed granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as otherwise provided herein, any person failing to comply with any provisions of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $500 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
If any section or clause of this article shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions which shall be deemed severable there from.