[1]
Editor's Note: Former Part 5, Prohibitions, adopted by Ord. No. 173-2014, 5/14/2014, was repealed by Ord. No. 208-2021, 2/10/2021.
[Ord. No. 212-2025, 7/9/2025[1]]
1. 
This Part shall be known and may be cited as "An Ordinance providing for an On-Lot Sewage Management Program for Honey Brook Township."
2. 
In accordance with 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 Honey Brook Township to provide for adequate sewage treatment and disposal 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 Honey Brook Township 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 Part is to provide for the regulation, inspection, maintenance, and rehabilitation of On-Lot Sewage Disposal Systems; to further allow 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.
[1]
This ordinance provided an effective date of 1-1-2026.
[Ord. No. 212-2025, 7/9/2025]
1. 
For the purpose of this Part, the following words, terms and phrases shall have the meanings indicated herein:
ACT 537
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage Facilities Act."
AUTHORIZED AGENT
A person with demonstrated knowledge and experience regarding On-Lot Sewage Disposal System design, operation, and maintenance who is authorized by the Honey Brook Township Board of Supervisors to carry out the provisions of this Part.
BOARD
The Board of Supervisors, Honey Brook Township, Chester County, Pennsylvania.
COMMUNITY ON-LOT SEWAGE SYSTEM
A sewage system which serves two or more lots, or two or more equivalent dwelling units, and uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a soil absorption area, retaining tank, or cesspool.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
INDIVIDUAL ON-LOT SEWAGE SYSTEM
A sewage system which serves a single lot and a single equivalent dwelling unit, and uses a system of piping, tanks, or other facilities for collecting, treating, and disposing of sewage into a soil absorption area, spray field, retaining tank, or cesspool.
INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM (IRSIS)
An individual sewage system which serves a single dwelling, and which treats and disposes of sewage through using a system of piping, treatment tanks, and soil renovation through spray irrigation.
INITIAL TREATMENT UNIT
Term used to describe the on-lot disposal system receiving unit to which sewage is delivered from a sewage generating facility. The term includes, but is not limited to, septic tanks, aerobic treatment units, and cesspools.
LIQUID WASTE
Septage pumped from septic tanks, cesspools, holding tanks, privies, or chemical toilets which does not include any toxic, industrial, or hazardous wastes.
LIQUID WASTE HAULER
Any person engaged in the business of pumping and transporting liquid waste within Chester County. Each vehicle used for such purpose shall be licensed by the Chester County Health Department.
LOT
A parcel of land, used or set aside and available for use as the site of one or more buildings and any building accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A lot for the purpose of this Part may or may not coincide with a lot of record.
MAINTENANCE CONTRACTOR
A private independent contractor who has been given training by the original equipment manufacturer of applicable sewage system components, has been authorized by the manufacturer to service said components, or has demonstrated technical expertise in the field of on-lot sewage system maintenance.
MALFUNCTION
A condition which occurs when an On-Lot Sewage Disposal System discharges sewage onto the surface of the ground, into groundwaters of this Commonwealth, into surface waters of this Commonwealth, or in any manner causes a nuisance or hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells.
OFFICIAL SEWAGE FACILITIES ACT 537 PLAN
A comprehensive plan for the provisions of adequate sewage disposal systems, adopted by the Board and approved by the Pennsylvania Department of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities Act.[1]
ON-LOT SEWAGE DISPOSAL SYSTEM
Any Community On-Lot Sewage System or Individual On-Lot Sewage System as defined herein. The term "System" when used herein shall refer to an On-Lot Sewage Disposal System.
OWNER
Any person who owns a Lot regulated by this Part.
PERSON
An individual, unincorporated organization, partnership, association, corporation, limited liability company, trust, estate, or similar legal entity.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing On-Lot Sewage Disposal System.
RETAINING TANK
A watertight receptacle that receives and retains sewage and is designed and constructed to facilitate the ultimate disposal of the sewage at another site. This term is synonymous with the term Holding Tank.
SEPTAGE
The residual scum, sludge, and other materials pumped from, but not limited to, Initial Treatment Units, other treatment tanks, Retaining Tanks, pump tanks, and the systems they serve.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," as amended.[2]
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the PA DEP under Pa. Code Title 25, Chapter 72, Subchapter D. Such person or persons are eligible to act as an Authorized Agent of the Township.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township adopted by the Board as an area for which a Sewage Management Program is to be implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this Part, the Sewage Facilities Act, the Clean Streams Law[3], the regulations promulgated thereunder, and such other requirements adopted by the Board to effectively enforce and administer this Part.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building lot development.
TOWNSHIP
The Township of Honey Brook, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq. and 35 P.S. § 691.1 et seq., respectively.
2. 
For the purposes of this Part, any term which is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act[4] and regulations promulgated thereto.
[4]
Editor's Note: See 35 P.S. § 750.1 let seq.
[Ord. No. 212-2025, 7/9/2025]
1. 
From the effective date of this Part, its provisions shall apply to all land areas within the Township, and the owners thereof, which currently are or are proposed to be served by On-Lot Sewage Disposal Systems, by Individual Residential Spray Irrigation Systems, and by similar sewage management systems that require an operation and maintenance agreement under DEP guidance. The implementation of the maintenance provisions of § 18-507 herein shall be in accordance with the following time periods, for the following areas as indicated on the most recent version of the "Sewage Management Districts" map as attached hereto and incorporated herein as Exhibit A[1] (each being referred to herein as a "District"), which map may be updated from time to time by resolution of the Board of Supervisors:
A. 
District 1: three-year cycle to begin on January 1, 2026;
B. 
District 2: three-year cycle to begin on January 1, 2027; and
C. 
District 3: three-year cycle to begin on January 1, 2028.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
2. 
Those lots identified as Vacant Lots on the Sewage Management District plans, or otherwise confirmed by the Township to be vacant, will not be required to comply with this Part so long as there is not an on-lot sewage disposal system on the lot. If a sewage disposal system is hereafter installed on the vacant lot, such installation shall comply with the requirements of this Part, documentation thereof will be required to be submitted by the Owner to the Township, and the Township will incorporate such lot into the maintenance cycle and assign it to a District.
[Ord. No. 212-2025, 7/9/2025]
1. 
No building permit shall be issued for a new building which will utilize an On-Lot Sewage Disposal System until Act 537 Planning approval has been issued by the Department, if required, and the appropriate On-Lot Sewage Disposal System permit has been issued by the Chester County Health Department SEO. Proof of On-Lot Sewage Disposal System permit issuance shall be presented to the Township in the form of a properly executed permit signed by the Chester County Health Department SEO.
2. 
No occupancy permit shall be issued for a new building which will utilize an On-Lot Sewage Disposal System until the sewage disposal system has been installed and the completed installation is approved by the Chester County Health Department SEO. Proof of On-Lot Sewage Disposal System final installation approval shall be presented to the Township in the form of a properly executed permit signed by the Chester County Health Department SEO.
3. 
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 either the structure's owner receives a permit from the Chester County Health Department SEO for alteration or replacement of the existing sewage disposal system or until the structure's owner and the appropriate officials of the Township receive written notification from the Chester County Health Department SEO that such a permit will not be required. The Chester County Health Department SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
4. 
Sewage permits may be issued only by a Sewage Enforcement Officer employed by the Chester County Health Department per the requirements of Pa. Code Title 25, Chapter 72.
[Ord. No. 212-2025, 7/9/2025]
1. 
Any On-Lot Sewage Disposal System, Individual Residential Spray Irrigation System, and systems that require an operation and maintenance agreement under DEP guidance may be inspected by the Township's Authorized Agent, Chester County Health Department or by Department of Environmental Protection (for DEP permitted systems) at any reasonable time as of the effective date of this Part.
2. 
Such inspection may include a physical tour of the property and examination of any or all On-Lot Sewage Disposal System components for the purpose of identifying maintenance needs and functional status.
3. 
If the Township receives a complaint of a potential malfunctioning of an on-lot sewage management system, it shall forward such complaint to the Chester County Health Department for investigation and resolution.
4. 
Copies of the inspection records must be provided by the party completing such inspection to the Township, Chester County Health Department, and property owner for their files.
[Ord. No. 212-2025, 7/9/2025]
1. 
In accordance with the requirements of Pa. Code Title 25, Chapter 73, Standards for On-Lot Sewage Treatment Facilities, only normal domestic wastes including kitchen, bathroom, and laundry wastes and water softener backwash water shall be discharged to any On-Lot Sewage Disposal System. Examples of the types of wastes that may harm or increase the need for pumping or repair of an On-Lot Sewage Disposal System include, but are not limited to, the following, which are prohibited from being discharged to any On-Lot Sewage Disposal System:
A. 
Automobile oil and other non-domestic oil.
B. 
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.
C. 
Clean surface or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
D. 
Wastewater resulting from hair treatment at beauty shops.
E. 
Any non-biodegradable materials.
2. 
All new construction must comply with the Uniform Construction Code (UCC) requirements for water conserving plumbing fixtures and fittings. The Township may require the installation of water conserving devices, consistent with the UCC, and other operation and/or maintenance procedures to improve the performance of On-Lot Sewage Disposal Systems.
[Ord. No. 212-2025, 7/9/2025]
1. 
Beginning with District 1 as defined in § 18-503, each person owning a building within such District that is served by an On-Lot Sewage Disposal System shall have the Initial Treatment Unit pumped within six months of the beginning date of the three-year cycle applicable to the relevant District, by a Chester County Health Department registered Liquid Waste Hauler. The system shall be inspected by the liquid waste hauler at the time of pumping to ensure the system is in good working order.
Thereafter the Owner shall have the System pumped, and perform any necessary maintenance as identified by the Liquid Waste Hauler's inspection, at a minimum regular interval of at least once every three years or whenever an inspection reveals that the Initial Treatment Unit is filled with solids or with scum in excess of 1/3 of the liquid depth. Liquid Waste Haulers are required to complete, on a standard form approved by Honey Brook Township, the results of a visual inspection pursuant to § 18-507(3)H. These forms may be utilized by the Township to document all pumping and maintenance requirements and remedies described herein. Copies of the completed form shall be provided to the owner by the licensed Liquid Waste Hauler. The owner shall provide the form to the Township and Chester County Health Department within 30 days of completion.
2. 
Tanks that have been subjected to more frequent pumping, by the nature of their size, loading rate, or other system characteristics, should continue to receive that frequency of pumping. This Part is not an instruction to reduce the frequency of pumping and should not be construed as such. This Part establishes the minimum pumping requirements for all on-lot sewage disposal systems that do not exhibit characteristics that indicate more frequent pumping is required. Additionally, the required pumping frequency set forth herein may be modified for a specific lot at the discretion of the Township if the Initial Treatment Unit is undersized, if an inspection reveals solids or scum in excess of 1/3 of the liquid depth of the Tank, 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. If any person can prove that such person's tank had been pumped within one year prior to the beginning of the initial three-year cycle for such lot, then that person's initial required pumping may be delayed to the second three-year cycle for such lot except where an inspection reveals a need for shorter pumping intervals.
3. 
All On-Lot Sewage Disposal System pumping shall be performed in accordance with Chester County Health Department regulations and shall also conform to the following minimum standards, unless other standards are specified by an equipment manufacturer:
A. 
At all times, the pumper truck operator's personal safety, as well as protection of the environment and the landowner's property, shall receive the highest priority.
B. 
Tanks shall only be pumped from or through the manhole or access port (i.e., the largest tank opening).
C. 
Tanks shall not be pumped from or through the observation or inspection port.
D. 
When necessary to break up solids, backwashing with clean water or material of a similar nature already on board the pumper truck may be employed. Mechanical means (scraping, raking, etc.) are not necessary but may be employed, provided that appropriate safeguards are taken to prevent injury.
E. 
When backwashing, care shall be taken not to fill or refill the tank to a level greater than 12 inches below the elevation of the outlet pipe.
F. 
No liquids or solids are to be discharged into or through the outlet pipe.
G. 
Tanks shall be deemed to be cleaned when all organic solids are removed and the total average liquid depth remaining in the tank is less than one inch.
H. 
Every pumping shall include a visual inspection by the Maintenance Contractor or Liquid Waste Hauler to determine the presence and condition of treatment tank baffles, physical condition of the treatment tank, and absorption field as applicable. It shall be the responsibility of each owner to submit this form to Honey Brook Township within 30 days of the inspection.
I. 
At all times, and in all phases of operations, the Maintenance Contractor shall comply with all laws and regulations regarding the activities associated with On-Lot Sewage Disposal System maintenance and disposal of materials removed therefrom.
4. 
Any person owning a building served by an 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 Part. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations or by Agreement.
5. 
Any person owning a building served by an On-Lot Sewage Disposal System which utilizes any components or technologies deemed by DEP to require more detailed operation and maintenance requirements than provided for in this Part, including but not limited to Individual Residential Spray Irrigation Systems (IRSIS), Alternate Systems, or Experimental Systems shall be further subject to the maintenance responsibilities recommended by DEP for said system. These responsibilities shall be memorialized in individual operation and maintenance agreements for each such use, to which both the Township and the property owner shall be party. The Township may impose additional requirements as deemed necessary, including but not limited to collection of an annual fee and additional financial security.
6. 
Surface contouring shall be required as necessary to direct surface water and drainageways away from all components of On-Lot Sewage Disposal Systems.
7. 
Additional maintenance activity may be required as needed including, but not limited to, providing reasonable access to Initial Treatment Unit, cleaning and unclogging of piping, servicing, and the repair of mechanical and electrical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, etc.
[Ord. No. 212-2025, 7/9/2025]
1. 
No person shall operate or maintain an On-Lot Sewage Disposal System in such a manner that it Malfunctions. Any person owning a building served by an On-lot Sewage Disposal System determined to be in a state of Malfunction by the Township's Authorized Agent or the Chester County Health Department SEO shall perform all corrective measures required by the Authorized Agent or Chester County Health Department SEO to abate the Malfunction. The Authorized Agent or Chester County Health Department SEO shall have the authority to require abatement 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 Initial Treatment Unit, expanding the existing disposal areas, replacing the existing disposal area, replacing the system with a Retaining Tank, frequent pumping, or any other alternative appropriate for the specific site.
2. 
In lieu of, or in combination with the remedies described in this section, the Chester County Health Department's Sewage Enforcement Officer and/or the Township's Authorized Agent 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.
3. 
Should none of the remedies described in this section be 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 Authorized Agent or the Chester County Health Department may require whatever action is necessary to lessen or mitigate the Malfunction to the extent necessary, including seeking injunctive relief or taking actions to remedy the malfunction as set forth in § 18-510.
4. 
There may arise geographic areas where numerous On-Lot Sewage Disposal Systems are known or are suspected to be 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. When a DEP authorized Official Sewage Facilities Plan Revision has been undertaken, mandatory 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 may be compelled whenever a Malfunction, as determined by the Chester County Health Department, Department, or Authorized Agent, represents a serious public health or environmental threat.
[Ord. No. 212-2025, 7/9/2025]
1. 
For purposes of remedying a Malfunctioning On-Lot Sewage Disposal System, Retaining Tanks shall only be utilized when it has been determined by the Chester County Health Department SEO and the Township that no other remedy is viable. Retaining tanks may also be utilized for certain other uses as approved by the Township and CCHD based on specific site and use criteria demonstrated by the Owner.
2. 
Retaining Tank installation and use shall be subject to all the requirements of Pa. Code Title 25, § 71.63 (relating to Retaining Tanks) and the requirements of the Chester County Health Department and Honey Brook Township Ordinance 122-2006 (Chapter 18, Part 2, of this Code).
3. 
Any person owning a building served by a Retaining Tank shall annually provide to the Township a copy of a maintenance contract with an authorized Maintenance Contractor. For the purposes of this section, a Maintenance Contractor shall be a Chester County Health Department licensed Liquid Waste Hauler. The contract shall provide for regular removal of the Retaining Tank contents in accordance with § 18-511 and with a frequency sufficient to prevent the contents from overflowing on the ground surface, and shall further specify the Chester County Health Department license number of the Maintenance Contractor.
[Ord. No. 212-2025, 7/9/2025]
The Township, upon written notice from an Authorized Agent or from the Chester County Health Department's Sewage Enforcement Officer that an imminent health hazard exists due to failure of property owner to operate, maintain, repair or replace an On-Lot Sewage Disposal System as provided under the terms of this Part, shall have the authority to perform, or contract to have performed, the work required by the Authorized Agent or the Chester County Health Department's Sewage Enforcement Officer. The owner shall be charged for the costs of all work performed, including but not limited to costs of permits, inspections, and construction. The Township may whatever action necessary to recover these costs in accordance with law, including entering a lien against the property.
[Ord. No. 212-2025, 7/9/2025]
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 all other applicable laws and at sites or facilities approved by DEP.
2. 
Liquid Waste Haulers operating within the Sewage Management District 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), all other applicable laws, and Chester County Health Department regulations.
[Ord. No. 212-2025, 7/9/2025]
1. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part.
2. 
The Township shall employ qualified individuals to carry out the provisions of this Part. Those employees shall include an Authorized Agent and may include an administrator and such other persons as may be necessary. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this Part.
3. 
All records, reports, files, and other written materials relating to the inspection, operation and maintenance of On-Lot Sewage Disposal Systems in the Sewage Management District shall become the property of, and be maintained by, the Township.
4. 
The Board or Authorized Agent shall establish all administrative procedures necessary to properly carry out the provisions of this Part.
5. 
The Board may establish a fee schedule, and authorize the collection of fees, to cover the cost to the Township of administering this Part, consistent with local municipal code.
[Ord. No. 212-2025, 7/9/2025]
1. 
Appeals from final decisions of the Township or any of its Authorized Agents under this Part shall be made to the Board of Supervisors in writing within 30 days from the date of written notification of the decision in question.
2. 
The appellant shall be entitled to a hearing before the Board of Supervisors at its next regularly scheduled meeting, if a written 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 next regularly scheduled meeting. The municipality shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing provided that it is submitted with the written notice of appeal.
3. 
A decision shall be rendered in writing within 30 days of the date of the hearing.
4. 
Hearings under this section shall be conducted pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353) known as the "Pennsylvania Local Agency Act."[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and 2 Pa. C.S.A. § 751 et seq.
[Ord. No. 212-2025, 7/9/2025]
1. 
Any person who violates any of the provisions of this Part commits a summary offense and shall be subject to prosecution by the Township. Upon conviction before a District Justice, such person shall be subject to a fine of not less than $300 nor more than $1,000, plus costs of prosecution.
2. 
Each day of a continuing violation shall be considered a new and separate violation of this Part and shall be subject to separate penalty.
3. 
In addition to a proceeding under any other remedy available to the Township at law or in equity for a violation of any provision of this Part or any rule or regulation promulgated under this Part or any order or permit issued by the Township pursuant to this Part, the Township, after notices and hearing, may assess a civil penalty against any person for that violation. All proceedings by the Township to impose civil penalties pursuant to this section shall be governed in all respects by the provisions of § 13.1 of Act 537 (35 P.S. § 750.13a) which are incorporated herein by reference in their entirety.