[Adopted 3-2-1998 by Ord. No. 145]
The purpose of this article is to establish
procedures for the pumping of improved property with on-lot septic
systems once every three years and to declare that the enactment of
this article is necessary for the protection, benefit and preservation
of the health, safety and welfare of the residents of Washington Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this article shall
be as follows:
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.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Documentation (septic tank waste disposal slip) from a DEP
or State of Maryland permitted sewage treatment plant also signed
by the sewage hauler indicating the owner, location (house number),
and date that an improved property's septic tank was pumped and properly
disposed of.
The Supervisors of Washington Township, Franklin County,
Pennsylvania.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings and from which structure sewage shall or may
be discharged.
The Township of Washington, Franklin County, Pennsylvania.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation
or other group entity.
Any wastewater generated as a result of a commercial or industrial
process/operation.
The treatment tank in an on-lot sewage disposal system that
provides for anaerobic decomposition of sewage prior to its discharge
to an absorption area.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings and any
noxious or deleterious substance 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 any substance which
constitutes pollution under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001).
A Washington Township Municipal Authority approved individual
or company which has the capabilities to pump, haul, and properly
dispose of septic tank sewage in a DEP or State of Maryland permitted
sewage treatment plant and has a valid Washington Township Municipal
Authority Hauled Wastewater Discharge (HWD) permit.
Washington Township Municipal Authority.
The governing body is hereby authorized and
empowered to require within the Township a scheduled system of pumping
of on-lot sewage disposal septic tanks and the proper disposal of
settled sewage solids.
The governing body is hereby authorized and
empowered to adopt by resolution such rules and regulations concerning
the pumping of on-lot sewage disposal septic tanks which it may deem
necessary from time to time to effect the purposes herein.
All such rules and regulations adopted by the
governing body shall be in conformity with the provisions herein,
all other ordinances of the Township, and all applicable laws, and
applicable rules and regulations or administrative agencies of the
Commonwealth of Pennsylvania.
The governing body, by resolution, shall have
the right and power to fix, charge and collect rates, assessments
and other charges in the area served by on-lot disposal facilities
at reasonable and uniform rates as authorized by applicable law.
A.
The collection and transportation of all sewage from
any improved property utilizing an on-lot disposal system shall be
done under the direction of the governing body on a scheduled basis
a minimum of once every three years, and the disposal thereof shall
be made only at such site or sites as may be approved by DEP or the
State of Maryland. The Washington Township Municipal Authority Wastewater
Treatment Plant, at 7934 Lyons Road, shall be considered the primary
disposal site for this sewage. Other DEP or State of Maryland approved
treatment plants in the area may also be used.
B.
The scheduled pump-out of sewage solids shall be conducted on a rotating basis throughout the Township, with each owner required to have proof that their system has been pumped out a minimum of once every three years by providing a copy of the disposal receipt to the Township office. The owner shall be required to provide proof only if the sewage hauler fails to provide the disposal receipt as required by § 271-35A(5).
C.
The required schedule of pump-outs for those improved
properties which have been determined by the governing body to have
malfunctioning on-lot sewage disposal systems shall begin immediately
upon enactment of this article.
D.
The governing body will receive, review and retain
pumping receipts for all improved properties with on-lot sewage disposal
systems.
The owner of an improved property that utilizes
an on-lot sewage disposal system shall:
A.
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 governing body and any administrative
agency of the Commonwealth of Pennsylvania.
B.
Permit the governing body or its agent to inspect
their on-lot sewage disposal systems as required to fulfill the requirements
of this article.
C.
To have the septic tank of the on-lot sewage disposal system pumped once every three years by a sewage hauler as required by this article within the required time as specified on their notice-to-pump letter. Providing proof (receipt, cancelled check, etc.) to the Township of the pumping of the tank shall only be required if the sewage hauler fails to provide the disposal receipt as required by § 271-35A(5).
D.
Place a permanent marker in the ground above or adjacent
to the septic tank lid (if lid is not extended to the ground surface)
for ease of locating the opening for pumping purposes in the future.
E.
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.
Acceptable septic tank waste for disposal at a DEP
or State of Maryland approved treatment plant shall include:
(1)
Normal domestic septic tank waste that receives only
waste or wastewater from human or household operations.
(2)
Normal commercial septic tank waste used for domestic
type waste only (no processing wastewater).
(3)
In general, all septic tank waste shall be nontoxic
to the biological and physical/chemical treatment processes of the
wastewater treatment plant being used and be biodegradable.
B.
It shall be a violation of this article for a sewage
hauler or property owner to dispose of any of the following at a wastewater
treatment plant:
(1)
Any industrial waste.
(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)
Grease removed from a grease trap at a restaurant.
A.
The duties of a sewage hauler shall include:
(1)
Obtaining and maintaining at all times a valid hauled
wastewater discharge permit from the WTMA.
(2)
Agreeing to abide by all WTMA and Commonwealth of
Pennsylvania rules and regulations governing the proper pumping, hauling
and disposal of sewage.
(3)
Maintaining at all times insurance coverage at levels
(or higher) as required by the WTMA and to provide a certificate of
insurance to the WTMA.
(4)
Dispose of all sewage collected in Washington Township
at a DEP or State of Maryland approved facility.
(5)
Provide a copy of the disposal receipt for each property
pumped to the governing body at least once a month.
A.
Criminal enforcement. Any person who violates or permits
a violation of this article shall, upon conviction in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.[1]
B.
Equity enforcement. In addition to the criminal penalties provided for in Subsection A above, this article may be enforced by an action in equity brought in the Court of Common Pleas of Franklin County to abate, mitigate, restrain or prevent violations of this article which constitute a nuisance. Any violation of § 271-33 of this article shall constitute a nuisance.
A.
Fines, civil penalties and fees.
(1)
In addition to proceeding under any other remedy available
at law or in equity for a violation of this article, the governing
body, after notice and hearing, may assess a civil penalty against
any person for such violation. The governing body may also assess
the costs of damages caused by such violation and the cost of correcting
such violation. Before assessing a civil penalty or such cost, the
governing body shall provide the violator with a notice of proposed
assessment which cites the violation of the ordinance, rule or regulation
issued thereunder and offer to conduct an assessment hearing to evaluate
the violation and the amount of the penalty or cost. The notice of
proposed assessment shall contain an explanation of the right to a
hearing and appeal. The governing body shall assign a representative
to hold the assessment hearing. The assessment hearing shall not be
governed by requirements for formal adjudicatory hearings and may
be held at any time at the convenience of the parties. The civil penalty
may be assessed whether or not the violation was willful. The civil
penalty assessed shall be not less than $300 and not more than $2,500
for each violation. In determining the amount of the penalty, the
governing body shall consider:
(2)
If a person against whom costs or a civil penalty
has been assessed after notice and hearing pursuant to this section
fails to pay the assessed cost or penalty in full or to perfect an
appeal de novo under this section within 30 days following assessment
of a civil penalty, such failure to pay or perfect an appeal shall
constitute a separate violation for which an additional civil penalty
may be assessed pursuant to this section. Additional violations shall
be deemed to occur and additional civil penalties may be assessed
pursuant to this section each time a person fails to pay or perfect
an appeal under this section.
(3)
When the governing body has assessed costs or a civil
penalty pursuant to this section, the person assessed with the costs
or civil penalty shall then have 30 days to pay the cost or penalty
in full. If the person wishes to contest the penalty or the fact of
the violation, the person shall have a right to an appeal de novo,
pursuant to Section 16 of the Pennsylvania Sewage Facilities Act (35
P.S. § 750.16). The person shall forward the amount of the
civil penalty to the governing body within the thirty-day period for
placement in an escrow account with the state treasurer or any bank
in this commonwealth, post an irrevocable letter of credit issued
by a federal or commonwealth-chartered lending institution or post
an appeal bond to the governing body assessing the civil penalty within
such 30 days in the amount of the assessed civil penalty or such other
amount as may be approved by a court of competent jurisdiction or
the environmental hearing board. The bond must be executed by a surety
licensed to do business in this commonwealth and in a form satisfactory
to the governing body. If through administrative or final judicial
review of the proposed assessed penalty it is determined that no violation
occurred or that the amount of the penalty is reduced, the governing
body shall, within 30 days, remit the appropriate amount to the person.
Failure to make the required deposit in escrow or submit an irrevocable
letter of credit or surety bond as provided shall result in a waiver
of all legal rights to appeal the violation or the amount of the penalty.
(4)
In any case where the governing body determines that
damage resulting from the violation is of a continuing nature, the
governing body may impose a weekly assessment of not more than $2,500
per week for each week the violation continues unabated by the violator.
The weekly assessment shall accrue indefinitely after the date of
notice of the assessment to the violator.
(5)
Costs and civil penalties shall be payable to the
governing body and shall be collectable in any manner provided by
law for the collection of debts. If any person liable to pay these
costs or penalty neglects or refuses to pay the same after demand,
the amount of the cost or civil penalty, together with interest and
any cost that may accrue, shall constitute a judgment in favor of
the governing body assessed upon the real property of the person from
the date it has been entered and docketed on record by the prothonotary
of the county where such is situated.
B.
Equity enforcement. A violation of Section 7 of the
Pennsylvania Sewage Facilities Act[1] or the discharge of untreated or partially treated sewage
to the surface of the ground or into the waters of this commonwealth
except as specifically approved by the Department under Section 202
and 207 of the Clean Streams Law,[2] or permitted by the governing body pursuant to Section
7.3 of the Pennsylvania Sewage Facilities Act, shall constitute a
nuisance and shall be abatable in manner provided by law.
