[HISTORY: Adopted by the Board of Supervisors of the Township of
Springettsbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer districts — See Ch.
259.
Public sewer system — See Ch.
265.
Stormwater — See Ch.
281.
[Adopted 7-25-1996 by Ord. No. 1996-12
(Ch. 18, Part 3, of the 2003 Code)]
The purpose of this article is to establish procedures for the use and
maintenance of holding tanks designed to receive and retain sewage, whether
from residential or commercial use and it is hereby declared that the enactment
of this article is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of this Township.
Unless the context specifically and clearly indicates otherwise, the
meaning of terms used in this article shall be as follows:
HOLDING TANK
A watertight receptacle which receives and retains sewage and is
designated and constructed to facilitate ultimate disposal of the sewage at
another site. Holding tanks include, but are not limited to, the following:
A.
Chemical toilet. A toilet using chemical that discharge to a holding
tank.
B.
Retention tank. A holding tank where sewage is conveyed to it by a water
carrying system.
C.
Vault pit privy. A holding tank designed to receive sewage where water
under pressure is not available.
IMPROVED PROPERTY
Any property within the Township upon which there is erected a structure
intended for continuous or periodic habitation, occupancy or use by human
beings or animals and from which sewage shall or may be discharged.
OWNER
Any person vested with ownership, legal or equitable, sole or partial
of any property located in the Township.
WASTEWATER TREATMENT DEPARTMENT
The director and assigned personnel responsible for the operation
and maintenance of the wastewater collection system and treatment plant.
WASTEWATER TREATMENT PLAN
The sewage treatment facility operated by the Township at 3501 North
Sherman Street, York, Pennsylvania 17402.
The wastewater treatment department is hereby authorized and empowered
to undertake, within the Township, the control and methods of holding tank
sewage disposal and the collection and transportation thereof, as specifically
authorized through 35 Pa. Code § 71.63.
The wastewater treatment department is hereby authorized and empowered
to adopt such rules and administrative procedures concerning sewage which
it may deem necessary, from time to time, to effect the purposes of this article.
All rules and administrative procedures established by the wastewater treatment department pursuant to §
254-4 shall be in conformity with the provisions herein, all other ordinances of the Township and all applicable laws and applicable rules and regulations of the administrative agencies of the state.
The wastewater treatment department shall recommend and the Board of
Supervisors shall, from time to time, establish by resolution rates, charges
and assessments for the use of the Township wastewater treatment service and
facilities. The wastewater treatment department shall further have the power
and authority to enter into agreements with the users of the Township wastewater
treatment services and facilities.
The collection, transportation, treatment and disposal of all sewage
from any improved property in the Township utilizing a holding tank shall
be done solely under the direction and control of the Township wastewater
treatment department. Holding tank approvals by the Township will not be granted
until a permit is issued in accordance with the rules and procedures under
Chapters 71 and 73 of the State Department of Environmental Protection.
The owner of an improved property that uses a holding tank shall:
A. Maintain the holding tank in conformance with this and
all other Township ordinances, the provisions of any applicable law and the
rules and administrative procedures of the wastewater treatment plant and
any agency of the state. Maintenance shall include, but not be limited to,
pumping at a frequency necessary to prevent off-site pollution.
B. Allow only a waste hauler approved by the wastewater
treatment department to collect, transport and dispose of the contents therein.
C. Submit pumping receipts to the Township for their review.
D. Allow Township representatives reasonable access to the
holding tank for inspection and correction of malfunctions, if necessary.
In addition to any other remedies provided by this article, any violation of §
254-8 shall constitute a nuisance and may be abated by the Township by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.
For the purpose of managing holding tanks, the Township shall:
A. Receive, review and retain pumping receipts from owners
utilizing permitted holding tanks.
B. Perform an annual inspection of each permitted holding
tank located within the Township, complete a written inspection report for
each inspection and retain the inspection reports for review.
C. Identify and take any actions necessary to prevent public
health hazards from malfunctioning of holding tanks.
Any person, firm or corporation who shall violate any provision of this
article, upon conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall be found
to have been violated shall constitute a separate offense.
[Adopted 4-21-2001 by Ord. No. 2001-13
(Ch. 18, Part 2, of the 2003 Code)]
This article shall be known as may be cited as the "On-lot Sewage Management
Ordinance of Springettsbury Township."
The legislative authority for this article is the Pennsylvania Sewage
Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 357 (35 P.S.
§ 750.1 et seq.).
The purpose of this article is to protect the public health by preventing
the discharge of untreated or inadequately treated sewage into the soil or
waters of the commonwealth from on-lot individual or community sewage systems
by regulating the design, construction, alteration, repair, rehabilitation
and replacement of such systems through a permitting, maintenance, inspection
and enforcement process. This article is intended to implement the provisions
and requirements of the Pennsylvania Sewage Facilities Act and the regulations
promulgated by the Department of Environmental Protection pursuant to that
Act.
A. General terms. In the interpretation of this article,
the singular shall include the plural and the masculine shall include the
feminine and the neuter.
B. Specific terms. For the purposes of this article and
unless the context clearly indicates otherwise, the following words and terms
shall have the following meanings:
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 specified limits as the agent of the Board
of Supervisors of Springettsbury Township to carry out the provisions of this
and other ordinances of the Township.
BOARD
The Board of Supervisors of the Township of Springettsbury, York
County, Pennsylvania.
DEP
The Department of Environmental Protection of the Commonwealth of
Pennsylvania or any successor agency.
IMPROVED PROPERTY
Any property within the Township upon which there is erected a structure
intended for continuous or periodic habitation, occupancy or use by human
beings or animals and from which structure sewage shall or may be discharged.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 806, No. 247, as amended, 53 P.S.
§ 10101 et seq.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal systems
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 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 program established by this article which shall encompass all
areas of the Township serviced by on-lot sewage facilities or any alternative
system which discharges into the soils of the Township.
OWNER
Any person holding legal or equitable title to lands within the Township.
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 DEP regulations.
PUMPER/HAULER
Any person, company, partnership or corporation which engages in
cleaning community or individual sewage systems and transporting the septage
removed from such 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
systems installed or to be installed fail or otherwise become inoperable and
which shall meet all the regulations of the DEP and all applicable Township
ordinances for an individual on-lot sewage system and shall be protected from
encroachment by an easement noted on the final plan as recorded in the Office
of the Recorder of Deeds of York County.
SEPTAGE
The residual scum and sludge pumped from an on-lot sewage disposal
system.
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.
TOWNSHIP
Springettsbury Township, York County, Pennsylvania.
C. All other words and terms used in this article shall
have the meanings as set forth in Chapter 71, 72 and 73, Standards for Sewage
Disposal Facilities of Title 25, Rules and Regulations, Department of Environmental
Protection.
The provisions of this article shall apply to all persons owning real
property serviced by an individual on-lot sewage disposal system or community
sewage system and to all persons installing, altering, repairing, rehabilitating
or replacing such systems. In order to facilitate the administration and implementation
of this article, the Township is divided into three on-lot Sewer Management
Districts as follows:
A. District No. 1. The area bounded on the south by U.S.
Route 30, on the west and north by Cordorus Creek and on the east by Mt. Zion
Road.
B. District No. 2. The area bounded on the south by U.S.
Route 30, on the west by Mt. Zion Road, on the north by Cordorus Creek and
on the east by Hellam Township.
C. District No. 3. All of the areas of the Township south
of U.S. Route 30.
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
indicating that the site and the plans and specifications of such system are
in compliance with the provisions of the Act, the regulations adopted pursuant
to the Act and the provisions of this article.
B. No building permit shall be issued by the Township or
its CEO 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 (hereinafter called "SEO").
C. No building 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 CEO and the structure's owner receive from the Township's SEO 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. In accordance with Chapter
73 regulations, the certified SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
D. Sewage permit may be issued only by a certified SEO employed
by the Township for that express purpose. The DEP shall be notified by the
Township as to the identity of its currently employed certified SEO.
E. No sewage permit may be issued unless proof is provided
the owner of record has owned the lot since May 15, 1972, or that planning
in accordance with the Act for that lot has been provided by the Township.
F. No final approval of a subdivision or land development
plan may be granted until planning in accordance with the Act is approved
by the Township.
G. A permit exemption declaration must be filed with the
Township's SEO a minimum of 48 hours prior to any soil fracturing or
use of the terralift procedure to an on-lot disposal system.
A. Access to each tank or compartment of the tank shall
be provided by a manhole of at least 20 inches square or in diameter, with
a removable cover. The top of the tank containing the manhole or the top of
the manhole extension shall not be more than 12 inches below grade level.
If access is extended to grade, the access cover shall be airtight. Grade
level access covers shall be secured by bolts or locking mechanism or have
sufficient weight to prevent access by children.
B. The ground shall slope away from any access extended
to grade level.
C. Inspection port. A maximum four-inch diameter inspection
port with sealed cover shall be installed to grade level above the inlet tee.
A. Requirements.
(1) After the effective date of this article, a replacement
area for an individual on-lot sewage system shall be required for all lots
to be created which are not serviced, or to be serviced, by a community sewerage
system and did not previously have a permit issued for installation of an
on-lot sewage system. Lots existing prior to the effective date of this article
shall be exempt from the requirements of this section.
(2) The replacement area provided shall comply with the regulations
issued by the Department as incorporated into this article concerning individual
on-lot sewage systems, including isolation distances and with the provisions
of this article and any other applicable Township ordinances.
(3) 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.
B. Identification of replacement areas.
(1) 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.
(2) If the application has been submitted as a part of an
application for subdivision or land development approval or as part of a request
that the Township approve a planning module or amend its official plan, or
a request for an exemption to the revision of the official plan, the location
of each initial on-lot sewage system and each replacement area shall be noted
upon the plans. 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 contain language reflecting this limitation.
(3) Any revisions to a permit or plan affecting a replacement
area which has been approved pursuant to the provisions of this article shall
be reviewed for approval by the Board or its authorized representative.
C. Construction restrictions.
(1) The easement for the replacement area noted upon the
plan and recorded with the County Recorder of Deeds shall state that no permanent
or temporary improvements of any character other than shallow-rooted plant
matter, shall be installed or constructed on the replacement area.
(2) 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 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 by this article and shall
be designated as the replacement area. The newly designed replacement area
shall thereafter be considered the replacement areas for the purpose of this
article.
A. Any on-lot sewage disposal system may be inspected by
the Township's authorized agent at any reasonable time after the effective
date of this article providing one or more of the following applies:
(1) Sufficient evidence of a potential health or safety risk
has been obtained from a reliable informant.
(2) A signed complaint has been submitted by a resident of
the Township.
(3) If directed to do so by the Board.
(4) If directed to do so by the DEP.
B. The inspection may include a physical tour of the property,
the taking of samples form surface water, wells or other ground water sources,
the sampling of the contents of the sewage disposal system itself and/or the
introduction of traceable substances into the interior plumbing of the structure
served (providing a responsible resident/owner, over the age of 18 is present)
to ascertain the path and ultimate destination of the wastewater generated
in the structure.
C. The Township's authorized agent shall have the right to enter upon land for the purposes of inspections described above. Any person who shall deny or in any way impede Township's inspections shall be subject to the penalties prescribed in §
254-29 of this article.
D. Initial inspections.
(1) Initial inspections by the Township pursuant to this
article shall be conducted as follows:
(a) District No. 1 during the calendar year 2001.
(b) District No. 2 during the calendar year 2002.
(c) District No. 2 during the calendar year 2003.
(2) Any property scheduled for inspection in a given year
which shall remain uninspected at the end of the calendar year shall be inspected
as soon as practicable during the following year.
E. A schedule of routine inspections may be established
by the Township, if necessary, to assure the proper function of the systems
in the Township.
F. A copy of the inspection report shall be furnished to
the owner which shall include the following information:
(2) Name and address of the system owner.
(3) The status of the septic system, either functioning or
malfunctioning.
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 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 of Pennsylvania unless a permit to discharge has been
obtained from the Department and verified by the Township.
B. Only normal domestic wastes shall be discharged into
any on-lot sewage system. The following shall not be discharged into the system:
(2) Automobile oil and other nondomestic oil.
(3) Toxic or hazardous substances or chemicals including,
but not limited to, pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and other solvents.
(4) Clean surface water or groundwater, including water from
roof or cellar drains, springs, basement sump pumps and French drains.
A. Septic tank pumping.
(1) Any person owning a building served by an on-lot sewage
disposal system shall have the septic tank pumped by a licensed pumper/hauler
after the effective date of this article based upon the following schedule:
(a) Properties located in District No. 1 within one year of the effective
date of this article.
(b) Properties located in District No. 2 within two years of the
effective date of this article.
(c) Properties located in District No. 3 within three years of the
effective date of this article.
(2) Notwithstanding the provisions of this subsection, if
any person owning such building shall produce satisfactory documentary evidence
to the Township that the septic tank has been pumped within a two-year period
prior to the effective date of this article, such pumping shall not be required
until on or after the third anniversary of such prior pumping.
B. After the initial pumping of the septic tank as required by Subsection
A of this section, the removal of septage or other solids from septic tanks shall be performed once every three years or whenever an inspection program reveals that the treatment tank or tanks are filled with solids in excess of, of the liquid depth of the tank or filled with scum in excess of, the liquid depth.
C. The Township may allow septic tanks to be pumped out
at less frequent intervals when the owner can demonstrate to the Township
that the system can operate properly without the need of pumping for a period
longer than three years, but in no case shall such period extend beyond six
years. Such a request may be made at any time and must be in writing with
all supporting documents attached. The Board, 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 and 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 purpose of evaluating the request.
The applicant shall receive a decision within 90 days of request.
D. The required pumping frequency may increase at the discretion
of the Township 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 (as determined by the SEO and approved
by the Board).
E. Any person owning a building served by an on-lot disposal
system containing an aerobic treatment tank shall follow the operation and
maintenance recommendations of the equipment manufacturer. In no case may
the service or pumping interval for aerobic treatment tanks exceed that required
for septic tanks.
F. The Township may require additional maintenance activity
as needed including, but not necessarily limited to, cleaning and unclogging
of piping, servicing and 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 areas, etc. Repair permits issued
by the certified SEO must be secured for these activities
A. Each time a septic tank or other subsurface waste disposal system tank is pumped out as required by §
254-22 of this article, the owner shall submit to the Township a signed copy of proof of compliance with required sewage pump-out form. The form shall be supplied by the Township.
B. In addition to the proof of compliance form, the owner
shall also submit a copy of the York County Solid Waste and Refuse Authority
Sludge/Septage Manifest supplied by the pumper/hauler.
Any on-lot sewage disposal system or component thereof found to be malfunctioning shall be repaired, modified or replaced pursuant to direction of the Township or its authorized agent and to correct the conditions causing the malfunction. Rehabilitation shall be performed in accordance with Chapter
73, Standards for Sewage Disposal Facilities of Title 25, Rules and Regulations, Department of Environmental Protection. The Township SEO shall inspect the rehabilitated on-lot sewage disposal system and certify its compliance with local and state standards.
The Township, upon written notice from the SEO that an imminent health
hazard exists due to failure 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
SEO. The owner shall be charged for the work performed and, if necessary,
a lien shall be entered therefore in accordance with law.
All septage originating within the Township shall be disposed of at
the Township's wastewater treatment facility and/or any other permitted
disposal site.
A. The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purpose of this article.
B. The Township shall employ qualified individuals to carry
out the provisions of this article in accordance with the regulations contained
in Chapter 72 of the Pennsylvania Code, § 42. Those employees shall
include a certified SEO, a CEO (if necessary), a secretary, an administrator
or other persons as required. 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, files and other written material
relating to the installation, operation and maintenance and malfunction of
on-lot sewage disposal systems shall become the property of the Township.
Existing and future records shall be available for public inspection during
normal business hours at the official Township office. All records pertaining
to sewage, permits, building permits, occupancy permits and all other aspects
of the Township's on-lot Sewage Management Program shall be made available,
upon request, for inspection by a representative of the Department.
D. The Board shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E. The Board shall 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 authorized agents,
under this article, shall be made to the Board, in writing, within 30 days
from the date of notification of the decision in question. All appeals shall
be heard in accordance with Chapter 72, §§ 26, 27 and 28 of
Title 25 of the Pennsylvania Code.
B. The appellant shall be entitled to a hearing before the
Board at its next regularly scheduled Board meeting. If the appeal is received
within 14 days of the next regularly scheduled meeting, the appeal shall be
heard at the next subsequent regularly scheduled meeting. The Township shall
thereafter affirm, modify or reverse the aforesaid decision. The hearing may
be postponed for good cause shown by the appellant or the Township.
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 relief sought by the appellant shall be deemed granted.
Any person failing to comply with any of this article shall be subject
to a fine of not less than $500 and costs and not more than $1,000 and costs.
All fines and penalties collected for the violation of this article shall
be paid over to the Township Treasury. Proceedings for the violation of this
article shall be paid over to the Township Treasury. Proceedings for the violation
of this article and for the collection of fines and penalties imposed thereby
may be commenced by warrant or by summons at the discretion of the district
justice before whom the proceedings is begun. Upon judgment against any person
by summary conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be sentenced
and committed to the York County Jail for a period not exceeding five days.
Each day of noncompliance shall be considered a separate offense.
The provisions of the Act and any regulations adopted by the DEP pursuant
to the Act shall preempt the provisions of this article to the extent that
the provisions of the Act or DEP regulations are more stringent than the provisions
of this article. In all other cases, the provisions of this article shall
prevail.