[Adopted 6-6-1975 by Ord. No. 27]
A. 
A sewage enforcement officer has the power and duty to issue, deny and revoke permits, and to take all other actions necessary to administer and enforce Section 7 of the act (35 P.S. § 750.7), except that a sewage enforcement officer may not conduct hearings under Section 16 of the act (35 P.S. § 750.16).
B. 
A sewage enforcement officer shall issue permits only within the jurisdiction of Kidder Township. When a sewage enforcement officer encounters a conflict of interest as specified in Subsections F through K, Kidder Township shall employ a certified sewage enforcement officer not having a conflict of interest regarding the system or lot.
C. 
Kidder Township shall notify the sewage enforcement officer and the Department in writing of the specific conditions of employment, including, but not limited to, the following:
(1) 
The geographic boundaries.
(2) 
The specific permit applications to be processed.
(3) 
The rate of compensation to the sewage enforcement officer.
(4) 
The duration of employment.
D. 
A sewage enforcement officer shall accept payment only from Kidder Township for services performed in conjunction with administration of the act.
E. 
A sewage enforcement officer shall only accept an application or other processing fees for Kidder Township under the following conditions:
(1) 
The fee is in the amount prescribed by Kidder Township's adopted fee schedule.
(2) 
The fee is rendered in accordance with Kidder Township's adopted receipt system as required by § 142-6A(7) (relating to powers and duties of Kidder Township).
(3) 
The sewage enforcement officer has received written direction from Kidder Township to accept these fees on behalf of Kidder Township.
F. 
A sewage enforcement officer may advise an applicant regarding available options for the planning, design and construction of an individual or community on-lot disposal system, but may not select the final system design, as specified in Subsection G except as provided by Subsection I.
G. 
A sewage enforcement officer may not plan, design, construct, sell or install an individual or community on-lot sewage system within the geographic boundaries of the sewage enforcement officer's authority, as specified by Kidder Township.
H. 
A sewage enforcement officer may not, orally or in writing, suggest, recommend or require the use of any particular consultant, soil scientist or professional engineer, or any individual or firm providing these services where these services may be required or are subject to review under this article.
I. 
A sewage enforcement officer may not perform consulting or design work or related services required or regulated under the act within the municipality by which the officer is employed or with which the officer has a contractual relationship unless the services are set in the fee schedule of Kidder Township. The fees are paid directly to Kidder Township and the records and products relating to consultation or design work are reviewed by and any subsequent permit is issued by another sewage enforcement officer employed by or under contract with Kidder Township.
J. 
A sewage enforcement officer may not conduct a test, issue a permit, participate in the official processing of an application or official review of a planning module for an individual or community on-lot sewage system in which the sewage enforcement officer, a relative of the sewage enforcement officer, a business associate of the sewage enforcement officer or an employer of the sewage enforcement officer, other than Kidder Township, has a financial interest.
K. 
For purposes of Subsection J, a “financial interest” includes full or partial ownership, agreement or option to purchase, leasehold, mortgage or another financial or proprietary interest in; or serving as an officer, director, employee, contractor, consultant, or another legal or fiduciary representative of a corporation, partnership, joint venture or other legal entity which has a proprietary interest in one or more of the following:
(1) 
One or more lots to be served by the system.
(2) 
The development or sale of the lots to be served by the system.
(3) 
A contract, either written or oral, to perform a service in the development of one or more of the lots to be served by the system. The service may be before or after the fact of development and may include professional as well as other services.
(4) 
A contract, either written or oral, to sell, plan, design, construct, install or provide materials or component parts for the system.
L. 
Prior to issuing a permit, the sewage enforcement officer shall conduct personally, observe or otherwise confirm in a manner approved by the Department all tests used to determine the suitability of a site for an individual or community on-lot sewage system. A sewage enforcement officer shall accept testing conducted by a prior sewage enforcement officer for Kidder Township, provided the site, data and prior testing meet the criteria specified in § 72.26(b)—(d).[2] When a sewage enforcement officer accepts testing by a prior officer, a copy of the Department's Verification of Prior Testing form or other form as may be specified by the Department shall be attached to each copy of the permit application.
[2]
Editor's Note: Refers to Pennsylvania Code Title 25, Pennsylvania Sewage Facilities Act.
M. 
Prior to issuing a permit, the sewage enforcement officer shall confirm that the application is complete and that the proposed system design is in compliance with the requirements of the act and this part.
N. 
The sewage enforcement officer shall give timely written notice to applicants or permittees of approval, denial or revocation of a permit under this article.
O. 
The sewage enforcement officer shall advise Kidder Township of a violation of the act or this part, known to the sewage enforcement officer, which occurs within Kidder Township's jurisdiction.
P. 
The sewage enforcement officer shall advise Kidder Township of its responsibility to restrain a violation of the act or this part and shall independently take action within the scope of his authority necessary to restrain or correct the violation.
Q. 
The sewage enforcement officer shall submit the Department's copy of the completed Application For Sewage Disposal System, with necessary attachments, within seven days of acting upon the application.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Kidder Township has the power and duty to:
(1) 
Employ or contract with sewage enforcement officers to administer Section 7 of the act (35 P.S. § 750.7) and this part.
(2) 
Employ or contract with other technical and administrative personnel necessary to support the activities of the sewage enforcement officer.
(3) 
Set rates of compensation for the sewage enforcement officer and other employees necessary for the administration of the act by Kidder Township.
(4) 
Maintain offices and purchase equipment and supplies necessary for the administration of the act.
(5) 
Establish a schedule of fees for the processing of applications and other services provided by Kidder Township. This fee schedule may establish different charges for various activities and types of systems consistent with the administrative costs of reviewing applications, conducting necessary tests and investigations and supervising the installation of the system.
(6) 
Collect the appropriate fees as designated in the established fee schedule. Kidder Township shall maintain records of income, expenses and transactions of Kidder Township in a manner consistent with accepted accounting practices.
(7) 
Establish a system of receipts for monetary transactions. The receipt system shall provide to Kidder Township and to the applicant a record of the amount tendered to Kidder Township and the specific purpose of the transaction.
(8) 
Adopt and maintain standards and procedures for applications and permits for individual and community on-lot sewage systems identical to those of the Department, as contained in this part.
(9) 
Adopt and maintain other regulations Kidder Township deems necessary for the administration and enforcement of Section 7 of the act as long as they are consistent with the act and this part.
(10) 
Submit reports and data to the Department as required by this part or an order of the Department.
(11) 
Submit to the Department annually the name and address of its certified sewage enforcement officer and alternate sewage enforcement officer.
(12) 
Make or cause to be made inspections and tests necessary to carry out Sections 7, 8, 12, 13, 13.1, 14, 15 and 16 of the act. For this purpose, the authorized representatives of Kidder Township have the right to enter upon lands.
(13) 
Proceed under Sections 7, 8, 12, 13, 13.1, 13.2(b) 14, 15 and 16 of the act to restrain violations of the act and this part and to abate nuisances in accordance with existing statutes, or as defined in the act.
(14) 
Notify the Department in writing within 15 days of a change in the sewage enforcement officer or his address.
(15) 
Cease issuing permits in designated areas when ordered to do so by the Department under Section 10(7) of the act [35 P.S. § 750.10(7)], after notice and opportunity for a Departmental hearing. The Kidder Township may issue permits in these areas for the abatement of existing health hazards and public nuisances.
(16) 
When applicable, establish a program for requiring, verifying, forfeiting, administering and enforcing the provision of financial assurances under § 73.151 (relating to standards for financial assurances).[2] Costs for administering this program shall be included in the fee schedule of Kidder Township.
[2]
Editor's Note: Refers to Pennsylvania Code Title 25, Pennsylvania Sewage Facilities Act.
(17) 
Adopt by resolution a list of individuals who are sewage enforcement officers employed by companies or corporations under contract with the Kidder Township to perform the services of sewage enforcement officers.
(18) 
Set and collect fees necessary to support the administrative and personnel costs of a maintenance inspection and enforcement program.
(19) 
Charge for engineering or consulting services required by Kidder Township to complete its review of a permit application. The application or review fees charged for these services shall be reasonable and in accordance with the ordinary and customary charges by the engineer or consultant for similar service in the community, and fees may not exceed the rate or cost charged by the engineer or consultant to Kidder Township when fees are not reimbursed by or otherwise imposed on applicants.
(a) 
If the applicant disputes the amount of the fees or charges, the applicant shall, within 10 working days of the date of billing, notify Kidder Township that the fees or expenses are disputed as unreasonable or unnecessary, in which case Kidder Township may not delay or disapprove an application for any approval or permit due to the applicant's dispute over fees or charges.
(b) 
If, within 20 days from the date of billing, Kidder Township and the applicant cannot agree on the amount of fees or charges which are reasonable and necessary, the applicant and Kidder Township shall comply with the procedure established in Section 8(b)(4) of the act [35 P.S. § 750.8(b)(4)] to resolve the fee or charge dispute.
(20) 
Complete and provide to the applicant the results of any site suitability review, soil probe testing and soil percolation testing within 20 working days of Kidder Township's receipt of a permit application.
(a) 
The testing and results of the testing may be deferred to a later date that the applicant may request in writing or by a later date agreed to by the sewage enforcement officer and the applicant, which is confirmed in writing by the sewage enforcement officer.
(b) 
A one-call system serial number shall be obtained prior to soil testing by the permit applicant or the contractor retained by the applicant to perform the test excavation. This notification shall take place no less than three and no more than 10 working days prior to the excavation. The deadline for permit review by Kidder Township in this subsection does not apply to an applicant who fails to comply with the one-call system notification requirement.
(c) 
It is the obligation of the applicant to have the site prepared in the manner required by written instructions provided to the applicant after receipt of at least 48 hours' notice from Kidder Township or sewage enforcement officer of the anticipated time the soils tests will be performed. Written instructions shall include provisions for deferral of testing due to weather.
(d) 
Failure of Kidder Township to comply with these time limits shall entitle the applicant, upon request, to a refund of fees paid by the applicant for soil testing that was not performed by Kidder Township, and the applicant shall be entitled to submit results of soils tests, on forms provided by the Department conducted in a manner consistent with this article by a certified sewage enforcement officer, who need not be employed by or under contract with Kidder Township. These test results shall be accepted by Kidder Township and its sewage enforcement officer, who shall rely upon the results of these tests in acting on an application.
(e) 
An applicant who, after receiving the notice of testing, fails to have the site prepared for soil testing in a manner required by Kidder Township, does not have the right to submit the results of soils testing performed by a certified sewage enforcement officer not employed by or under contract with Kidder Township, nor is the applicant entitled to a refund of fees paid for soil testing as provided in this section.
(f) 
Neither the municipality, Kidder Township, Kidder Township's sewage enforcement officer nor the Department will be held liable on a cause of action arising out of soil tests performed under this section by a certified sewage enforcement officer not employed by or under contract with Kidder Township.
(21) 
Make inspections of and verify measurements made by applicants on public or private properties which are determined by Kidder Township's authorized representative to have natural or man-made features from which specific isolation distances are required prior to the approval of on-lot sewage disposal system usage in subdivisions or individual lots. Kidder Township's authorized representative shall have the right to enter upon lands for these purposes.
(22) 
Determine if a proposed individual residential spray irrigation system will create a nuisance or adversely impact existing and proposed drinking water supplies and report this information to any affected municipality served by Kidder Township.
(23) 
Assure that an individual residential spray irrigation system discharge is sampled at least once per year by the property owner through a testing laboratory for fecal coliforms, carbonaceous biological oxygen demand, suspended solids and disinfectant residual or effectiveness. Individual effluent samples may not exceed a BOD5 of 25 mg/l and suspended solids concentration of 30 mg/l. Free chlorine residual shall be maintained at a range of 0.2 - 2.0 ppm unless a higher level is required to control disease producing organisms. This disinfection shall produce an effluent which will contain a concentration not greater than 200 fecal coliform organisms per 100 milliliters in a single sample. The Kidder Township shall review the results of these samples and the most recent system inspection conducted under § 73.167 (relating to operation and maintenance) and take any necessary action to resolve operational or maintenance problems identified through the sample results. Additional sampling may be required by the Kidder Township if the annual sample indicates a violation of the limitations specified in this subsection.
(24) 
A county health department and joint county departments of health may also administer the continuing maintenance provisions of § 71.73 (relating to sewage management programs) when the municipality relinquishes and the county health department or joint county department of health accepts the authority and conforms with § 71.73.
B. 
Kidder Township may offer a program to provide financial assurance, for a fee, for systems installed under § 73.77 (relating to general requirements for bonded disposal systems). Financial assurance provided by the Kidder Township shall comply with § 73.151.
C. 
Kidder Township may not orally or in writing, suggest, recommend or require the use of a particular consultant, soil scientist or professional engineer, or an individual or firm providing these services when these services may be required or are subject to review under this part.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Supervisors shall from time to time by resolution designate one or more persons qualified by the Department of Environmental Protection to perform the functions as a certified sewer enforcement officer to serve in that capacity at the will of the Supervisors.
The Township Secretary shall be the custodian of all applications, test results, permit copies and related documentation concerning the testing, applications and permits issued or in any manner related to the duties of the certified sewage enforcement officer.
Any certified sewage enforcement officer designated by the Township who has any applications charged to him in any calendar month shall submit, in writing, monthly to the Township Secretary a list of all of the applications in his possession and the activity or disposition concerning said applications. If any application has been made by any person requesting a permit, the name and address of that person shall be included in this report. This written report shall be made available at the first public meeting of the Supervisors held monthly in each succeeding month and shall become part of the official Township records.
A. 
The person (as defined in the Pennsylvania Sewage Facilities Act) when making application for a permit shall submit to the Township Treasurer or his designee the amount deemed to be appropriate for the type of inspection set forth in § 142-11 below. This payment shall be in cash or by certified check or bank money order or bank check or other guaranteed payment. Personal checks are not to be accepted.
B. 
Each application for a sewage permit on land area owned by an applicant of less than two acres shall be accompanied by a plot plan prepared from an actual field survey by a registered land surveyor or engineer. The plan shall show the physical locations of any man-made structures and shall certify that clearly designated markers physically exist on the property at all property corners. The plot plan shall have the seal of the surveyor or engineer attesting to the actual field survey.
[Added 12-17-1986 by Ord. No. 50]
[Amended 10-27-1987 by Ord. No. 55[1]]
A. 
Residential on-lot system: $200.
(1) 
Breakdown:
(a) 
$50 for permit.
(b) 
$50 for one test probe soils analysis and preparation of application.
(c) 
$60 to conduct the percolation test.
(d) 
$40 for final inspection.
(2) 
Every additional probe: $50.
(3) 
Every one additional perc test: $60.
B. 
Commercial on-lot system: $530.
(1) 
Breakdown:
(a) 
$50 for permit.
(b) 
$200 for four test probe soils analyses and preparation of application.
(c) 
$120 to conduct the percolation test (six perc holes).
(d) 
$160 for four inspections, including the final inspection.
(2) 
Every additional probe: $50.
(3) 
Every additional percolation test (six perc holes): $120.
C. 
Design review: $50.
D. 
Port-a-Pot permit: $0.
E. 
Repair permit: $150.
(1) 
$50 for permit.
(2) 
$60 for site investigation and application preparation.
(3) 
$40 for final inspection.
F. 
Residential renewal or transfer of permit: $100.
(1) 
$50 for permit.
(2) 
$50 for investigation and application preparation.
G. 
Commercial renewal or transfer of permit: $265.
(1) 
$100 for permit.
(2) 
$165 for investigation and application preparation.
H. 
Call-back inspections on any system: $50.
I. 
Well permit: $80. (Includes site analysis and staked locations.)
J. 
Renewal or transfer of well permit: $40.
K. 
Additional miscellaneous fees.
(1) 
$50 to stake a lot for filling in as requested by the applicant or agent.
(2) 
$50 for field work on a general lot inspection as requested by the applicant or agent.
(3) 
$100 for inspection of residential or commercial establishments which connect to a central sewage line of a privately owned sewage treatment plant.
(4) 
$100 for reevaluation and recertification of an existing on-lot septic system.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The permit required under this article is required by the Township for all buildings as defined by Act 537 without limitation to lot size. Specifically any lot regardless of size may not be issued a building permit unless a sewage permit is first obtained in accordance with the procedures set forth in this Act.
Fees for enforcement, review of subdivisions, and review of official plan revisions shall be filed by the certified enforcement officer with the Township Secretary at the time of the appointment. Such fees shall not be deemed to be in effect unless accepted in writing by the Township in accordance with the statutes governing the contracts by the Supervisors in accordance with the statutes applicable thereto.
[Added 12-8-1987 by Ord. No. 59]
Any appeal to the Board of Supervisors of a decision of the sewage enforcement officer of Kidder Township shall be accompanied by cash or a check to cover the costs of said hearing. The amount to be deposited shall be that as established from time to time by resolution of the Kidder Township Board of Supervisors.