[HISTORY: Adopted by the Board of Supervisors of the Township of
Chestnuthill 4-5-1988 by Ord. No. 1988-02.
Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases shall
have the meanings ascribed to them in this section:
A component of an individual or community sewage system where liquid
from a treatment tank seeps into the soil. It consists of an aggregate-filled
area containing piping for the distribution of liquid and the soil or sand/soil
combination located beneath the aggregate.
A system employing the use of demonstrated technology in a manner
not specifically recognized by this chapter.
Any system, whether publicly or privately owned, for the collection
of sewage or industrial wastes of a liquid nature from two or more lots and/or
from two or more units contained on one lot and the treatment and/or disposal
of the sewage or industrial waste on one or more of the lots or at any other
site.
The Department of Environmental Protection of the Commonwealth of
Pennsylvania.
Any method of sewage disposal not described in this chapter which
is proposed for the purpose of testing and observation.
A system of piping, tanks or other facilities serving a single lot
and collecting and disposing of sewage, in whole or part, into the soil or
into any waters of this commonwealth or by means of conveyance to another
site for final disposal.
Any liquid, gaseous, radioactive, solid or other substance which
is not sewage resulting from manufacturing or industry or other plant or works
and mine drainage, silt, coal mine solids, rock, debris, dirt and clay from
coal mines, coal collieries, breakers or other coal-processing operations.
The term shall include all such substances whether or not generally characterized
as waste.
Any horizon or condition in the soil profile or underlying strata
which includes:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by soil mottling;
Rock with open joints, fractures or solution channels or masses or loose
rock fragments, including gravel, with insufficient fine soil to fill the
voids between the fragments; and
A rock formation, other stratum or soil condition which is so slowly
permeable that it effectively limits downward passage of effluent.
A municipality.
A part of a subdivision or a parcel of land used as a building site
or intended to be used for building purposes, whether immediate or future,
which would not be further subdivided. Whenever a lot is used for a multiple-family
dwelling or for commercial or industrial purposes, the lot shall be deemed
to have been subdivided into an equivalent number of single-family residential
lots as determined by estimated sewage flows.
Includes 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 "person"
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.
A watertight receptacle which receives and retains sewage and is
designed and constructed to facilitate ultimate disposal of the sewage at
another site. The term includes but is not limited to the following:
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system but which does not provide for on-lot treatment.
PRIVYA tank designed to receive sewage where water under pressure is not available.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
A structure occupied or intended to be occupied by not more than
two families on a tract of land of 10 acres or more.
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 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, known as the
"Clean Streams Act," as amended.[1]
The official of the Township who issues and reviews permit applications
and conducts such investigations and inspections as are necessary to implement
this chapter and the rules and regulations thereunder.
A written permit issued by the Sewage Enforcement Officer permitting
the construction of an individual or community sewage system under this chapter.
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 lots shall include as a lot
that portion of the original tract or tracts remaining after other lots have
been subdivided therefrom.
A watertight tank designed to retain sewage long enough for satisfactory
bacterial decomposition of the solids to take place. The term includes the
following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
Soil or soil profile unaltered by addition-filling or other man-induced
changes, other than agricultural activities, for a minimum of four years prior
to testing.
River, streams, creeks, rivulets, impoundments, ditches, watercourses,
storm sewers, lakes, dammed water, ponds, springs and all other bodies or
channels of conveyance of surface and underground water or any of their parts,
whether natural or artificial, within or on the boundaries of this commonwealth.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
Every person planning or designing a facility or intending
to utilize individual or community sewage systems is advised of the importance
of good water conservation practices and the potential value of water conservation,
recycle or reuse systems as a means of prolonging the life of the sewage system
as well as ensuring the availability of adequate water supplies in the future.
B.
When considering corrective measures for malfunctioning
sewage disposal systems which have been constructed in accordance with this
chapter, the efforts of the Sewage Enforcement Officer shall not be restricted
by this chapter. This chapter and its rules and regulations for individual
and community systems will be of first consideration. However, when existing
malfunctions cannot be physically corrected under the policies set forth herein,
it is the responsibility of the Sewage Enforcement Officer to provide the
best technical guidance possible in an attempt to resolve existing pollution
or environmental health problems. Efforts will not limit or preclude the use
of experimental systems or alternate systems as defined herein.
A.
Permit required.
(1)
From and after the effective date of this chapter, no
person or persons shall commence the construction, alteration or extension
of any kind or of any nature whatsoever of an individual or community sewage
system without first making application for a sewage permit to the Sewage
Enforcement Officer and receiving approval of the same. Sewage permits are
required for rural residence structures requiring sewage systems.
(2)
Upon receipt of an application for an individual or community
sewage system with subsurface discharge to serve an establishment generating
more than 10,000 gallons per day flow, the Township shall forward a copy of
the complete application to the Department and shall consider the Department's
comments prior to taking final action on the application.
(3)
A Department sewage permit is required for the disposal
of industrial waste and some classes of community sewage systems which are
subject to approval of the Pennsylvania Department of Environmental Protection.
B.
General requirements.
(1)
A building which cannot be connected with a public or
community sanitary sewage disposal system at the time of construction shall
be provided with an on-site sanitary sewage disposal system.
(2)
If the overall site terrain contains many wet areas,
steep slopes and/or numerous rock outcroppings, the Township may, at their
discretion, require a hydro-geological investigation of the site.
(3)
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 water of this commonwealth except as specifically
approved by the Department under Sections 202 and 207 of the Clean Streams
Law.[1]
[1]
Editor's Note: See 35 P.S. §§ 691.202 and 691.207.
(4)
Discharge from roof gutters, foundation drainage and
surface runoff shall not be discharged to a treatment tank, nor shall such
discharges be permitted to flow over the absorption area.
(5)
The design of holding tanks does not provide for final
on-lot treatment but rather depends on regular service and maintenance for
disposal of the sewage. Installation and use of holding tanks as a method
of sewage disposal is prohibited in Chestnuthill Township.
(6)
In the event that a sewage permit is issued by the Sewage
Enforcement Officer, it is specifically required that the disposal system
constructed upon the premises noted on the permit shall not be closed and
operation of said sewage system not permitted until said system has been inspected
by the Sewage Enforcement Officer.
(7)
The application may cover the sewage disposal system
upon receipt of written approval of the Sewage Enforcement Officer or, in
the absence of written approval or disapproval, at the expiration of 72 hours,
excepting Sundays and holidays. To prevent damage, all absorption areas must
be covered by the permittee before the passing of five calendar days after
final inspection and approval.
(8)
If, upon inspection, the Sewage Enforcement Officer determines
that the installed system does not meet specifications, he shall so specify
the deficiencies in said installed system, in writing, to the applicant. The
applicant shall not put the system into operation until such deficiencies
have been corrected and until such system has been reinspected and approved
by the Sewage Enforcement Officer. There shall be an additional fee charged
for each reinspection of an installed system where such reinspection is necessary
for the reason set forth above.
(9)
No structure shall be occupied before the sewage system
is finally inspected, approved and covered.
(10)
It shall be the duty of the owner or occupant of a premises
to give the Sewage Enforcement Officer free access to the property at reasonable
times for the purpose of making such inspections as are necessary to determine
compliance with the requirements of this chapter.
A.
All applications for permits shall be made to the Sewage
Enforcement Officer, who shall issue a permit upon compliance by the applicant
with provisions of this chapter and by regulation adopted hereunder.
B.
Prior to application submittal, the applicant shall physically
post the lot number and mark boundary corners and lines of the property for
identification by the Sewage Enforcement Officer. Any application which has
been submitted in writing without proper boundary identification shall be
deemed incomplete.
C.
Applications for permits shall be in writing, shall be
made on a form supplied by the Township and shall be signed by the applicant.
D.
Any person whose application for a permit under this
chapter has been denied may request and shall be granted a hearing on the
matter before the Township Supervisors within 30 days after a written request
for such a hearing has been received by the Township.
E.
All installations covered by an approved sewage permit
shall be completed within two years after the issuing date of the sewage permit.
A new application must be filed with the Township if the installations are
not completed within the stated period. The latest Department and/or Township
regulations in effect at the time of the new application and subsequent approval
of the same application shall govern the installation of the sewage system.
The standard fee schedule for new construction shall apply.
A.
A Sewage Enforcement Officer shall be employed by Chestnuthill
Township who is qualified and certified by examination of the Department of
Environmental Protection of the Commonwealth of Pennsylvania and who has been
issued such certification by the Certification Board. The Sewage Enforcement
Officer shall have the power to:
(1)
Issue permits for individual and some community sewage
systems, as per current Department regulations.
(2)
Issue permits only within the jurisdiction of Chestnuthill
Township in which he is employed. He may issue permits within the jurisdiction
of other local agencies upon written approval of such local agencies.
B.
The duties of the Sewage Enforcement Officer shall be
as follows:
(1)
He shall not install an individual or community sewage
system in any area under his jurisdiction.
(2)
No fee for services or work performed shall be accepted
by the Sewage Enforcement Officer other than the fee established by Chestnuthill
Township.
(3)
No test shall be conducted or permit issued by the Sewage
Enforcement Officer for an individual or community sewage system for any lot
in which such officer has a financial interest or for any lot in which any
person related to such officer by blood or marriage has a financial interest
or for any lot in which an employee or business partner of such officer, other
than Chestnuthill Township, has a financial interest, unless the Sewage Enforcement
Officer has received prior written approval by the Department.
(4)
He shall either observe, conduct personally or otherwise
confirm, in a manner approved by the Department, all tests used to determine
the suitability of a site for the utilization of an individual or community
sewage system before a permit for such system is issued. All percolation test
results performed by authorized persons other than the Sewage Enforcement
Officer must be reviewed and approved by the Sewage Enforcement Officer before
a permit can be issued.
(5)
He shall give written notice to applicants or permittees
of any approval, denial or revocation of a permit.
(6)
He shall provide the Department of Environmental Protection
with the pink copy of Form ER-BCE-128, Application for Sewage Disposal System,
upon approval or disapproval of each such application. He shall submit, following
final inspection of each system, the completed green copy of said form, in
accordance with current Department regulations.
The minimum specifications regarding soil percolation test procedures,
septic tank capacities, absorption area restrictions and regulations, isolation
distances, flow rates and all other data pertaining to a sewage disposal system
are identical to those determined by the Department unless otherwise made
more stringent by this chapter. These specifications and regulations are available
from the Department. Upon request, this data may also be available to an interested
person from the Township Sewage Enforcement Officer.
A.
The minimum isolation distance to be maintained between
the absorption area and a stream, lake or other surface water shall be 100
feet.
B.
The minimum size of any sewage absorption area shall
be 800 square feet or the minimum Department requirement plus 200 square feet.
A large minimum area may be established by the Sewage Enforcement Officer
if in his/her opinion specific site conditions warrant a larger absorption
area.
C.
Sewage flow rate for multiple-family apartments and dwellings
shall be 400 gallons per day.
A.
The Township Supervisors shall establish, by resolution,
a Schedule of Fees to be paid by the applicant for services rendered with
respect to processing applications, required inspections, review of plans,
performance of percolation tests by persons previously approved by the Township
Sewage Enforcement Officer and other services related to new sewage systems
or alterations, extensions, modifications or changes to existing systems.
B.
At the time application is filed for the required services,
appropriate fees must be paid in full, in accordance with the official Schedule
of Fees. The current Schedule of Fees shall be posted in the Township Municipal
Building and shall be available to interested persons upon request.
C.
The Sewage Enforcement Officer shall prepare and submit
to the Township Supervisors a record of all fees paid by applicants for services
rendered with respect to this chapter.
[Amended 7-23-1992 by Ord. No. 1992-08[1]]
Any person who shall violate any provision of this chapter or any provision
of any regulation hereunder shall, upon conviction in a summary proceeding
brought before a District Justice 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
chapter that is violated shall also constitute a separate offense.
In any case where a provision of this chapter is found to be in conflict
with a provision of any federal, commonwealth, zoning, building, fire, safety
or health ordinance, the provision which establishes the higher standard for
the promotion and protection of the health and safety of the people shall
prevail. In any case where provision of an ordinance or code of Chestnuthill
Township existing on the effective date of this chapter establishes a lower
standard for the promotion and protection of the health and safety of the
people, the provisions of this chapter shall be deemed to prevail, and such
other ordinances or codes are hereby declared to be replaced to the extent
that they may be found in conflict with this chapter.