The Pennsylvania Sewage Facilities Act (35 P.S.
§ 750.1 et seq.) and the regulations adopted pursuant thereto
require the Township to adopt and keep updated an official plan making
provisions for adequate sewage disposal systems within the Township.
The Act and the regulations further provide that the Township shall
make revisions to its official plan and in support of such revisions
to conduct studies, surveys, inspections and analysis of specific
problems relating to individual sewage systems. The purpose of this
article is to authorize the duly appointed Sewage Enforcement Officer
of the Township or other qualified personnel of the Township to enter
upon private property served by an individual sewage system to conduct
such studies, surveys, inspections, testings and analysis as may be
necessary to keep the Township's official sewage plan revised and
updated.
All words, terms or phrases used in this article
shall have meanings given to them as set forth in § 2 of
the Pennsylvania Sewage Facilities Act (35 P.S. § 750.2)
or in the regulations adopted pursuant to said Act at 25 Pa. Code,
Chapter 71.1.
The duly appointed Sewage Enforcement Officer
or other designated personnel of the Township are hereby authorized
to enter upon any improved real property within the Township served
by an individual sewage system to conduct such study, survey, inspection,
testing or analysis of that individual sewage system as may be reasonably
necessary to determine whether such system is functioning properly
and can be expected to continue to function properly in the future.
Except in case of emergency, such entry shall be only between the
hours of 8:00 a.m. and 4:00 p.m., Monday through Friday of each week
following not less than 24 hours' written notice to the owner or occupant
of the real property delivered by first class mail, personal service
or by a conspicuous posting of such notice on the property. A mailed
notice shall be deemed received three days after the same is deposited
in the mail.
It shall be the duty of the owner or occupant of the improved real property within the Township receiving notice from the Sewage Enforcement Officer or other designated personnel as provided in §
265-38 to permit such officer or person to enter upon the real property and be given full access to the area occupied by the individual sewage system and to any structures from which sewage is discharged into such system. Such officer or person shall further be permitted to flush toilets or run water, with or without adding testing dye, into the sewage system and to observe the operation of the same.
[Amended 12-11-2003 by Ord. No. 2003-18]
Any person who, after notice, shall refuse to
permit entry of the Sewage Enforcement Officer or other designated
personnel of the Township upon any improved real property or deny
such officer access to the area occupied by the individual sewage
system or to any structure served thereby, upon conviction thereof
in an action brought before a district justice in the manner provided
for the enforcement of summary offense 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.