[Adopted 3-16-1994 by Ord. No. 3354]
A.
In accordance with the First Class Township Code (Act
of May 27, 1949, P.L. 1955, as amended, 53 P.S. § 55101),
the Clean Streams Law (Act of June 27, 1937, P.L. 1987, No. 394, as
amended, 35 P.S. §§ 691.1 to 691.1001) and the Pennsylvania
Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended,
35 P.S. § 750.1 et seq., known as "Act 537"), it is the
power and the duty of the 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 Township seeks hereby 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.
B.
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 an on-lot subsurface sewage management program.
A.
Word usage. The singular number includes the plural,
and the plural includes the singular. The masculine gender includes
the feminine.
B.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEP
INDIVIDUAL SEWAGE SYSTEM
LEVEL ONE INSPECTION
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
Terms defined. Unless otherwise expressly stated,
the words and phrases used in this article shall have the following
meanings:
A sewage enforcement officer, employee of the Township, licensed
civil engineer, plumbing inspector or any other qualified or licensed
person who is authorized to function within specified limits as an
agent of the Township to administer or enforce the provisions of this
article.
The Board of Commissioners of Lower Merion Township, Montgomery
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.
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 set of criteria for the inspection of an on-lot sewage
disposal system identified in that document known as the "Pennsylvania
Septage Management Association (PSMA) Septic System Inspection Instructions,"
a copy of which may be obtained from the sewage enforcement officer.
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 this commonwealth, backs
up into a building connected to the system, requires pumping out two
or more times within a six-month period due to the inability of the
soil to accept the liquids (except for a permitted holding tank) or
in any manner causes a nuisance or hazard to the public health or
pollution of groundwater 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, unless the result of an accidental
cause extrinsic to the system itself.
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 "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.
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 "Clean Streams Law," as amended.[1]
A person certified by DEP who is employed or retained 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,[2] the rules and regulations promulgated thereunder and this
article or any other ordinance adopted by the Township.
The entirety of Lower Merion Township unless a particular
area or areas of the Township have been 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.
C.
For the purposes of this article, any term which is
not defined herein shall have that meaning attributed to it under
the Sewage Facilities Act and the regulations promulgated thereto.
The provisions of this article shall apply in
any portion of the Township identified in the Official Sewage Facilities
Plan as a sewage management district. Within such an 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.
All properties connected to an individual sewage
system or community sewage system shall be registered with the Township
by the owners thereof within six months from the approval of this
article.
A.
No person shall install, construct or request bid
proposals for construction, or alter an individual sewage system or
community sewage system, or construct or request bid proposals for
construction, or install or occupy any building or structure for which
an individual sewage system or community sewage system is to be installed
without first obtaining a construction/rehabilitation permit from
the sewage enforcement officer, which permit shall indicate that the
site and the plans and specifications of such system are in compliance
with the provisions of the Clean Streams Law and the Pennsylvania
Sewage Facilities Act and the regulations adopted pursuant to those
acts.
B.
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.
Applicants for construction/rehabilitation permits
shall 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.
No work shall begin on the rehabilitation of any existing
structure, nor shall any building or occupancy permits be issued with
respect thereto, if said rehabilitation 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 official 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
rehabilitation of the structure will result in increased sewage flows.
E.
Construction/rehabilitation permits may be issued
only by a sewage enforcement officer employed or retained by the Township.
The DEP shall be notified as to the identity of each such sewage enforcement
officer.
A.
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 and must be inspected upon request of the Township
if there is evidence it is malfunctioning, or if there is evidence
of multiple malfunctions in the immediate vicinity.
B.
Such inspection may include a physical tour of the
property, the taking of samples from 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. The Township
may further require the owner to conduct a Level One inspection at
the owner's expense. If the system must be pumped out in order for
the inspection to take place, the owner shall, upon request, promptly
do so at his/her expense.
C.
All inspections shall be conducted by an authorized
agent of the Township and the results promptly supplied to the Township
sewage enforcement officer.
D.
An inspection shall be conducted by an authorized
agent upon application for the initial sewage permit for the purpose
of determining the type and functional status of each sewage disposal
system in the Sewage Management District. A written report shall be
furnished to the owner of each property inspected, and a copy of said
report shall be maintained in the Township records.
E.
A schedule of routine inspections may be established
to assure the proper functioning of the sewage systems in the sewage
management district.
F.
Should an inspection reveal that a system is malfunctioning,
the authorized agent shall order action to be taken by the property
owner to correct the malfunction in accordance with Township and DEP
regulations, including but not limited to those outlined in Chapter
73 of Title 25 of the Pennsylvania Code. If such corrective action
is not technically or financially feasible in the opinion of the authorized
agent and a representative of DEP, then such other action by the property
owner to mitigate the malfunction shall be required as they shall
order. The corrective action ordered must be completed within a time
frame established by the sewage enforcement officer, taking into consideration
the seriousness of the deficiencies, the extent of the repairs required
and the likelihood of a public sewer system becoming available within
the following three years.
G.
There may arise 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 pertaining to areas affected
by such malfunctions. When a DEP authorized Official Sewage Facilities
Plan revision has been undertaken, mandatory 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 may be
compelled whenever a malfunction, as determined by Township officials
and/or DEP, represents a public health or environmental threat.
H.
If the inspection reveals the malfunctioning of an
individual sewage disposal system on property adjacent and accessible
to a public sewer, the sewage enforcement officer may require that
the building(s) on the property be connected to the public sewer rather
than rehabilitated.
A.
Only normal domestic wastes shall be discharged into
any on-lot sewage disposal system. The following shall not be discharged
into the system:
(1)
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)
Clean surface water or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and French
drains.
A.
Each person owning a building served by an on-lot
sewage disposal system which contains a septic tank shall have the
septic tank pumped by a qualified pumper/hauler whenever required
to keep it functioning 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. The pumper/hauler shall secure a permit
from the Township whenever a septic tank is pumped.
B.
A sewage enforcement officer may prescribe a schedule
of pumping 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.
C.
Each time a septic system is pumped, the pumper/hauler
or any person owning the property served by such septic tank shall
submit a written statement from the pumper/hauler or from any other
qualified individual acceptable to the Township that the baffles in
the septic tank have been inspected and found to be in good working
order. Any person whose septic tank baffles are determined to require
repair or replacement shall first contact a sewage enforcement officer
for approval of and a permit for the necessary repair.
D.
Any person owning a building served by an on-lot sewage
disposal system which 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 six months 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.
E.
Any person owning a building served by a cesspool
or dry well shall have that system pumped according to the schedule
prescribed for septic tanks. As an alternative to this scheduled pumping
of the cesspool or dry well, 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 a 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.
F.
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.
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 DEP.
B.
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
raw or partially treated sewage without a permit.
C.
Within seven days of notification by the Township
that a malfunction has been identified, the property owner shall conduct
a Level One inspection. If such inspection reveals the need for the
repair or replacement of the system, the property owners shall make
application to the sewage enforcement officer for a permit. Within
60 days of initial notification by the Township, construction of the
permitted repair or replacement shall commence. Within 90 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.
A sewage enforcement officer shall have the authority
to require the rehabilitation 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.
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.
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply to DEP for a permit to install a single-residence treatment and discharge system. Upon receipt of said permit the owner shall complete construction of the system within 30 days.
G.
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 to protect the public health, including hooking up to a
public sewer or vacating the property.
H.
No person or entity may rehabilitate an individual
or community sewage disposal system in the Township unless licensed
by the Department of Building and Planning. The Township shall supply
a list of all such licensed contractors to any individual upon request.
[Amended 1-19-2002 by Ord. No. 3629]
The Township, 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, shall
have the authority to perform, or contract to have performed, the
work required by the sewage enforcement officer and that the property
be declared unfit for human habitation. The owner shall be charged
for the work performed and, if necessary, a lien shall be entered
therefor in accordance with law.
A.
All sewage 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. § 6018.101
et seq.), the Lower Merion Township Code and all other applicable
laws and at sites or facilities approved by DEP. Approved sites or
facilities shall include the following: sewage treatment facilities,
wastewater treatment plants, composting sites and approved farmlands.
B.
Pumper/haulers of sewage 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. §§ 6018.101 through 6018.1003) and
all other applicable laws.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.
The Township shall employ and/or contract with qualified
persons or firms to carry out the provisions of this article, including
a sewage enforcement officer.
C.
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 DEP.
D.
The Township shall establish administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Board may establish a fee schedule and authorize
the collection of fees to cover the cost to the Township of administering
this program.
A.
Appeals from final decisions of the Township or any
of its authorized agents under this article shall be made to the Building
and Planning Committee of the Board, in writing, within 30 days from
the date of written notification of the decision in question.
B.
The appellant shall be entitled to a hearing before
the Building and Planning Committee 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 within 14 days of the next
regularly scheduled meeting, the appeal shall be heard at the next
regularly scheduled meeting. The Health Committee shall thereafter
affirm, modify or reverse said 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.
A decision shall be rendered, in writing, within 30
days of the date the hearing is completed.
Any person failing to comply with any provision
of this article shall be subject to a fine of not less than $100 and
costs and not more than $1,000 and costs or, in default thereof, shall
be confined in the county jail for a period of not more than 30 days.
Each day of noncompliance shall constitute a separate offense.
