[Adopted 11-15-2001 by Ord. No. 109]
A.ย
This article shall be known and may be cited as "An
ordinance providing for a Sewage Management Program for Kidder Township."
B.ย
An ordinance governing municipal management of on-lot
sewage disposal systems. In accordance with municipal codes, the Clean
Streams Law (Act of June 27, 1937, P.L. 1987, No. 394, as amended,
35 P.S. ยงย 691.1 to 691.1001), and the Pennsylvania Sewage
Facilities Act (Act of January 24, 1955, P.L. 1535, as amended, 35
P.S. ยงย 750.1 et seq., known as โAct 537โ), it
is the power and the duty of Kidder 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 Kidder 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.ย
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.ย
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
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 Kidder Township to administer or enforce the provisions of this
article.
The Board of Supervisors, Kidder Township, Carbon County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (PADEP).
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this Commonwealth.
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 the Commonwealth, backs
up into a building connected 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.
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.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank. This term includes both individual
sewage systems and community sewage systems.
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 โpersonโ shall include
the members of an association, partnership or firm and the officers
of any local agency or municipal, public or private corporation for
profit or not for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
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 โClean Streams Law," as amended.
A person certified by PADEP 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.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management program is to be implemented.
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.
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.
Kidder Township, Carbon County, Pennsylvania.
B.ย
For the purpose of this article, any term that is
not defined herein shall have that 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 in any portion of the Township identified in
the Official Sewage Facilities Plan as a sewage management district.
Within such area or areas, the provisions of this article shall apply
to all persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
A.ย
No person shall install, construct or request bid
proposals for installation or construction, or alter an individual
sewage system or community sewage 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. Such permit shall indicate that the site and the plans and
specification of such system are in compliance with the provisions
of the Clean Streams Law (35 P.S. ยงย 691.1 to 691.1001) and
the Pennsylvania Sewage Facilities Act (35 P.S. ยงย 750.1
et seq.) and the regulations adopted pursuant to those Acts.
B.ย
No system or structure designed to provide individual
or community sewage disposal shall be covered from view until approval
to cover the 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.ย
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 a Sewage Enforcement Officer.
D.ย
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.ย
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.ย
Sewage permits may be issued only by a Sewage Enforcement
Officer employed by the Township. The Pennsylvania Department of Environmental
Protection shall be notified as to the identity of each Sewage Enforcement
Officer employed by the Township.
A.ย
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.
B.ย
Such inspection may include a physical tour of the
property, the taking of samples from the surface water, wells, 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 in the structure.
C.ย
An authorized agent shall have the right to enter
upon land for the purpose of inspections described in this section.
D.ย
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 authorized agent shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of PADEP, including, but not limited to, those outlined in Chapter 73 of Title 25 of the Pennsylvania Code; or is not technically or financially feasible in the opinion of the authorized agent and a representative of PADEP, then action by the property owner to mitigate the malfunction shall be required.
E.ย
If there arises 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 pertinent to areas affected
by such malfunctions. If a PADEP authorized Official Sewage Facilities
Plan Revision has been undertaken, 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 will be compelled whenever
a malfunction, as determined by Township officials and/or the Department,
represents a serious public health or environmental threat.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
A.ย
Industrial waste.
B.ย
Automobile oil and other nondomestic oil.
C.ย
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.
D.ย
Clean surface or ground water, including water from
roof or cellar drains, springs, basement sump pumps and french drains,
A.ย
Each person owning a building served by an on-lot
sewage disposal system that contains a septic tank shall have the
septic tank pumped by a qualified pumper/hauler no later than December
31 of the year notice is received that such pumping is required. Thereafter,
that person shall have the tank pumped at least once every three years
or whenever an inspection reveals that the septic tank is filled with
solids or with scum in excess of 1/3 of the liquid depth of the tank,
whichever comes first. Receipts from the pumper/hauler, along with
a pumping report, shall be submitted to the Township within the prescribed
period.
B.ย
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. If any person can prove that their septic
tank has been pumped on or after January 1, 2001, they shall be exempt
from the first pumping cycle as long as they can provide the Township
with a dated pumper's receipt except where inspection reveals a need
for more frequent pumping frequencies.
C.ย
Any person owning a building served by an on-lot sewage
disposal system that contains an aerobic treatment tank 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 one year 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.
D.ย
Any person owning a building served by a cesspool
or dry well in an area of numerous malfunctions or in an area where
repair is not technically feasible shall have that system pumped according
to the schedule prescribed for septic tanks to mitigate potential
pollution. As an alternative to this scheduled pumping of the cesspool
or dry well, and pending any scheduled replacement of the substandard
system as identified in the Official Sewage Facilities Plan, the owner
may apply for a sewage permit from a Sewage Enforcement Officer for
a septic tank to be installed preceding the cesspool or dry well.
For this interim repair system consisting of a cesspool or dry well
preceded by an approved septic tank, only the septic tank must be
pumped at the prescribed interval.
E.ย
Additional maintenance activity may be required as
needed, including, but not necessarily 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, the diversion of surface water away from the disposal area,
etc.
A.ย
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 PADEP.
B.ย
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.ย
Within seven days of the 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 shall
set an extended completion date.
D.ย
A Sewage Enforcement Officer shall have the authority
to require the repair of any malfunction by the following methods:
cleaning, repair or replacement 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.ย
In lieu of, or in combination with, the remedies described in Subsection D above, a Sewage Enforcement Officer 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.ย
In the event that the rehabilitation measures 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 apply to PADEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.ย
Should none of the remedies described in this section
be totally effective in eliminating the malfunction of an existing
on-lot sewage disposal system, the property owner is not absolved
of responsibility for that malfunction The Township may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
necessary.
Upon written notice from a Sewage Enforcement
Officer 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, the Township shall
have the authority to perform, or contract to have performed, the
work required by the Sewage Enforcement Officer. The owner shall be
charged for the work performed and, if necessary, a lien shall be
entered therefor in accordance with law.
A.ย
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. ยงย 6018.101
et seq.) and all other applicable laws and at sites or facilities
approved by PADEP. Approved sites or facilities shall include the
following: septage treatment facilities, wastewater treatment plants,
composting sites, and approved farmlands.
B.ย
Pumpers/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. ยงย 6018 101-6018.1003) and all other applicable
laws.
C.ย
Pumpers/haulers of septage who remove septage from
tanks located within Kidder Township shall obtain a Kidder Township
contractor's license on an annual basis. The annual fee shall be $100.
D.ย
The pumper/hauler will be required to complete a written
report (on forms provided by the Township) of the condition of the
septic tank/cesspool, condition of the baffles and general condition
of the absorption area. This report, along with a copy of the pumping
receipt, shall be submitted to Kidder Township within 30 days of the
date the pumping occurs. Any person who is in need of a repair or
replacement of any component part of their septic system shall first
contact the Sewage Enforcement Officer for approval of the necessary
repair or replacement.
A.ย
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.ย
The Township shall employ qualified individuals to
carry out the provisions of this article. Those employees shall include
a Sewage Enforcement Officer and may include an administrator and
such other persons 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.ย
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.ย
The Township Board shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
E.ย
The Township Board may establish a fee schedule, and
authorize the collection of fees, to cover the cost to the Township
of administering this program.
A.ย
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 written
notification of the decision in question.
B.ย
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 received less than 14 days before the next regularly
scheduled meeting, the appeal shall be heard at the following regularly
scheduled meeting. The municipality 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.ย
A decision shall be rendered in writing within 30
days of the date of the hearing.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgement, the Township may enforce
the judgement pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.