[Adopted 12-2-2024 by Ord. No. 375]
A. 
This article shall be known and may be cited as "An ordinance providing for a Sewage Management Program for East Lampeter Township."
B. 
In accordance with municipal codes, the Clean Streams Law (Act of June 22, 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 East Lampeter Township 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 East Lampeter 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.
C. 
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.
A. 
Defined terms.
AUTHORIZED AGENT
A sewage enforcement officer, employee of the Township, professional engineer, plumbing inspector, or any other qualified or licensed person who is authorized to function within specified limits as an agent of East Lampeter Township to administer or enforce the provisions of this article.
BOARD
The Board of Supervisors of East Lampeter Township, Lancaster County, Pennsylvania.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage from two or more lots, and the treatment and/or disposal of sewage on one or more lots or at any other site.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
GREYWATER SYSTEM
The treatment of greywater requires the same methods of sewage disposal used in soil-based on-lot disposal systems. Occasionally, the person may wish to separate blackwater (domestic human waste) from greywater (washwater, etc.) in order to reduce the amount of absorption area needed. The use of blackwater treatment systems such as composting, chemical, recycling and incinerating toilets or privies (proposed in conjunction with water under pressure) shall meet the following conditions for the treatment of greywater and, where applicable, meet the Township's Holding Tank Ordinance:
(1) 
An on-lot system meeting Chapter 73 standards or other approved method of sewage disposal must be installed to treat greywater flow from the structure. Septic tank installations must consist of either a two-compartment rectangular tank or two rectangular tanks in series and must be in conformance with Chapter 73, Section 73.31. Aerobic tanks used must be in compliance with Chapter 73, Section 73.32.[1]
(2) 
Only the absorption area may be reduced by up to 40% as a compensation for the use of a non-flush toilet alternative. No reduction of septic tank sizing is allowed.
(3) 
If planning is required, general soil and site suitability must be conducted in accordance with Chapter 71, Section 71.62.[2]
(4) 
When a blackwater treatment system is proposed for use in conjunction with a greywater system in a subdivision, the provisions of Chapter 71, Section 71.63(f)(1) apply, i.e., the site and soil suitability testing must be sufficient to document the availability of an area for a full-sized system.
(5) 
An SEO who has successfully completed the appropriate DEP-sponsored continuing education course that included this specific technology or has received review delegation in writing from DEP may independently review the design and issue the permit for systems approved under this listing.
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks, or other facilities serving a single lot and collecting and disposing of sewage and/or liquid wastes in whole or in part into the soil or into any waters of this Commonwealth.
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, backs up into a building connection to the system, 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. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision 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.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any system for disposal of domestic sewage and/or liquid wastes, including kitchen and laundry wastes and water softener backwash, involving pretreatment and subsequent disposal of the clarified sewage and liquid waste into a subsurface soil absorption area; this term includes both individual sewage systems and community sewage systems.
PERSON
Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the Commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership, or firm, and the officers of any local agency or municipality, or public or private corporation for profit or not for profit.
REHABILITATION
Work done to modify, alter, repair, enlarge, or replace any existing on-lot sewage disposal system.
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.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by DEP who is employed by the Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits, and do all other activities as may be provided for such person in the Sewage Facilities Act, the rules and regulations promulgated thereunder, and this or any other ordinance adopted by the Township.
SEWAGE HAULER
Any person, company, partnership, or corporation either registered and/or contracted with the Township and which has the capabilities to pump, haul, inspect and properly dispose of septic tank sewage in a DEP permitted sewage treatment plant.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in Exhibit 1 of this article[3] 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 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.
SUBDIVISION
The division or redivision of a lot, tract, or other 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
East Lampeter Township, Lancaster County, Pennsylvania, a Township of the Second Class.
[1]
Editor's Note: See 25 Pa. Code Ch. 73.
[2]
Editor's Note: See 25 Pa. Code Ch. 71.
[3]
Editor's Note: Exhibit 1 is on file in the Township offices.
B. 
For the purposes of this article, any term which is not defined herein shall have the meaning attributed to it under the Sewage Facilities Act and the Regulations promulgated thereto.
From the effective date of this article, its provisions shall apply to all persons owning real property serviced by an individual sewage system, and to all persons installing, altering, repairing, rehabilitation or replacing such systems. In order to facilitate the administration and implementation of the article, the Township is divided into three on-lot sewage management districts, as shown in Exhibit 1.[1]
[1]
Editor's Note: Exhibit 1 is on file in the Township offices.
A. 
No person shall install, construct or request bid proposals for construction, or alter an individual sewage system or community sewage system, or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit from the Sewage Enforcement Officer, 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 and the Pennsylvania Sewage Facilities Act and the regulations adopted pursuant to those acts.
B. 
No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover same has been given by a 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. 
Applicants for sewage permits may be 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 Sewage Enforcement Officer.
D. 
No building or occupancy permit shall be issued for a new building which will contain sewage generating facilities until a valid sewage permit has been obtained from a 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 either the structure's owner receives a permit 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 a Sewage Enforcement Officer that such a permit will not be required. The Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
F. 
Sewage permits may be issued only by a Sewage Enforcement Officer.
G. 
The Township may approve the installation of denitrification units approved by the DEP in specific instances. Each denitrification system approval shall include a denitrification agreement signed by the Township. Each request shall be evaluated on an individual basis, and acceptance in any one location does not constitute a Township-wide approval.
H. 
If construction installation of an individual sewage system for any building or structure has not commenced within three years after issuance of a permit for such system, the permit shall be deemed to have expired and a new permit shall be required prior to the commencement of said construction or installation.
A. 
Any on-lot sewage disposal system may be inspected by an authorized agent at any reasonable time as of the effective date of this article. The sewage hauler shall perform a visual inspection at every pump out.
B. 
Such inspection may include a physical tour of the property, the taking of samples from surface water, wells, or 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 within the structures. The SEO or authorized agent shall make a written report for each inspection conducted. Said report shall contain the following information when reasonably available to the SEO or authorized agent: date of inspection; name and address of property owner; description and diagram of the location of the system including location of access hatches, risers, and markers; size of tanks and disposal fields; current occupant's name and number of users; indication of any system malfunction observed; results of all soils and water tests; and any remedial action required. A copy of the inspection report shall be supplied to the property owner when completed.
C. 
An authorized agent shall have the right to enter upon land for the purposes of inspections described in this section. In the event that access to inspect the property is denied, the following steps shall be taken:
(1) 
The matter shall be reported to the Board;
(2) 
The Board may schedule a review of the matter at the next scheduled meeting of the Board or, if the situation threatens the health and safety of the residents of the Township, the Board may commence an immediate procedure to obtain a search warrant from the District Justice;
(3) 
If a search warrant is obtained to inspect the property, the SEO or authorized agent shall be accompanied by a constable of the Township and the inspection shall be completed in accordance with this section.
D. 
An initial inspection shall be conducted by the SEO or authorized agent within the pump out time frame for the appropriate sewage management district for the purpose of determining the type and functional status of each sewage disposal system in the sewage management district. A written report shall be furnished to the property owner of each property inspected and a copy of said report shall be maintained in the Township records.
E. 
A schedule of routine inspections may be established to ensure the proper functioning of the sewage systems in the sewage management district.
F. 
An SEO or 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 SEO or 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 25 Pa. Code Ch. 73 or is not technically or financially feasible in the opinion of the SEO or authorized agent and a representative of DEP, then action by the property owner to mitigate the malfunction shall be required.
G. 
There may arise geographic areas 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. 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 Township officials, and/or the Department, represents a serious public health or environmental threat.
A. 
Only normal domestic wastes shall be discharged into any on-lot sewage disposal system.
B. 
Only normal commercial septic tank waste shall be discharged into any on-lot sewage disposal system (no processing wastewater).
C. 
In general, all septic tank waste shall be biological and physical/chemical treatment processes of the wastewater treatment plant to which it is disposed.
D. 
The following shall not discharged into the system:
(1) 
Industrial waste;
(2) 
Automobile oil and other non-domestic oil;
(3) 
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
(4) 
Clean surface or ground water, including water from roof or cellar drains, springs, basements sump pumps, and French drains.
A. 
All persons owning a building served by an on-lot sewage disposal system which utilizes a septic tank shall have the septic tank pumped by a sewage hauler at least once every three years following the effective date of this article.
B. 
All persons owning a building served by a greywater system which utilizes a retaining tank shall have the liquid waste tank pumped by a sewage hauler at least once every five years following the effective date of this article.
C. 
The Township shall notify the owners of property served by an on-lot sewage disposal system that their system shall be scheduled to be pumped out by a specific date on the notice. The Township shall follow a schedule whereby a third of all properties within the Township served by on-lot sewage disposal systems are notified annually of the pumping requirement, such that all owners are notified once every three years. The property owner must have his/her on-lot sewage disposal system scheduled to be pumped within the time specified in the Township's letter.
D. 
The pump outs will be scheduled and conducted on a rotating basis throughout the Township, based upon the sewage management district in which the property is located. Exhibit 1[1] details the sewage management district locations.
[1]
Editor's Note: Exhibit 1 is on file in the Township offices.
E. 
The sewage hauler shall provide a copy of a fully completed septic system report to the Township within 15 days of the date of pumping. Any septic tank system that is determined to require repair or replacement shall be inspected by the SEO or authorized agent for approval of the necessary repairs.
F. 
The Township will receive, review, and retain copies of pumping receipts for all improved properties with on-lot sewage disposal systems.
G. 
The required pumping frequency may be increased at the discretion of an 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.
H. 
Any person owning a building served by an on-lot sewage disposal system which contains an aerobic treatment tank or denitrification treatment unit 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 for aerobic treatment tanks exceed those required for septic tanks. Denitrification system owners shall comply with all requirements of the denitrification agreement for that installation on file with the Township.
I. 
Additional maintenance activity may be required as needed including, but 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, and the diversion of surface water away from the disposal area. Repair permits issued by the SEO must be secured for these activities.
A. 
The owner of an improved property that utilizes an on-lot sewage disposal system shall:
(1) 
Maintain the on-lot system in conformance with this or any ordinance of this Township, the provisions of any applicable law, and the rules and regulations of the Department of Environmental Protection and any other administrative agency of the Commonwealth of Pennsylvania;
(2) 
Permit the Township or its authorized agent to inspect their on-lot sewage disposal system as required to fulfill the requirements of this article;
(3) 
Have the septic tank of the on-lot sewage disposal system pumped once every three years by sewage hauler as required by this article within the required time as specified on the Township's "notice to pump" letter; and
(4) 
Provide treatment tank access per § 265-103 of this article.
B. 
Upon the discontinuance of the use of a septic tank for sewage disposal for any reason, the owner thereof shall have the tank pumped and flushed by a sewage hauler and at the owner's option either physically removed from the premises or filled with soil and/or stone.
A. 
Access to each tank or compartment of the tank shall be provided by a manhole of at least 24 inches square or diameter, with a removable cover. The access shall be extended to grade and secured by bolts or locking mechanism to prevent access by children.
B. 
The ground shall slope away from any access extended to grade level.
C. 
Access to each tank or compartment shall be provided at the time of the scheduled pump out. Failure to provide access to the tank or compartment at the time of the pump out shall constitute a violation of this article.
A. 
The responsibilities of a sewage hauler shall include:
(1) 
Obtaining and maintaining an annual registration with the Township. A registration fee may be applicable and may be collected at the time of registration. Registration is per the calendar year. A list of registered sewage haulers will be included with the "notice to pump" letter to residents.
(2) 
Obtaining and maintaining at all times a valid hauled wastewater discharge permit from the facilities in which they discharge sewage and submit a copy to the Township.
(3) 
Agreeing to abide by all local, state, and federal standards, rules and regulations governing the proper pumping, hauling and disposal of sewage.
(4) 
Maintaining at all times insurance coverage at levels (or higher) as required by the Township, providing proof of motor vehicle insurance and providing a certificate of insurance for liability insurance and workman compensation insurance to the Township.
(5) 
Disposing of all sewage collected in East Lampeter Township at a Pennsylvania Department of Environmental Protection approved facility.
(6) 
Providing a copy of the disposal receipt for each property pumped to the Township within 15 days of the day of pumping.
(7) 
Providing a certified inspector for inspection of the on-lot disposal system.
B. 
Violations of provisions of this article shall result in the Township not approving the registration of the sewage hauler.
A. 
No person shall operate or maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment 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 for such discharge has been obtained from PA DEP.
B. 
A written notice of violation shall be issued to any person who is the owner of any property which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make application to the Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the 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 may set an extended completion date.
D. 
An SEO shall have the authority to require the repair of any malfunction by the following methods: cleaning, repairing or replacing 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, or any other alternative appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described above in Subsection D, the SEO 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.
F. 
In the event that the rehabilitation measures described above in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to the PA DEP for a single residence treatment and discharge system. Within 30 days of permit issuance, construction of the permitted repair or replacement shall commence. Within 60 days of permit issuance, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Township may set an extended completion date.
G. 
Should none of the remedies described above in this section be totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner shall not be absolved of responsibility for the malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
The Township, upon written notice from the 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 to perform, or contract to have performed, the work required by the Sewage Enforcement Officer. The property owner shall be charged for the work performed and, if necessary, a lien shall be entered against the property in accordance with law.
A. 
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 PA DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farm lands.
B. 
Pumper/haulers of septage 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) and all other applicable laws.
A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include an SEO and may include an administrator and such other person as may be necessary. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
C. 
All permits, records, reports, files, and other written material relating to the installation, operation and maintenance, and malfunction of on-lot sewage 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 official 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.
D. 
The Township shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Township may establish a fee schedule, and authorize a collection of fees, to cover the cost to the Township of administering this article.
A. 
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 the written notification of the decision in question.
B. 
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 not received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the next subsequent regularly scheduled meeting. The Board of Supervisors 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.
C. 
A decision shall be rendered in writing within 45 days of the date of the hearing.
A person who violates any provision of this article may, after notice and hearing, be assessed a civil penalty of not less than $300 nor more than $2,500, plus the cost of damages caused by the violation and the cost of correcting the violation. Each day of noncompliance shall constitute a separate violation of this article.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
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 therefrom.