[Added 3-24-2008 by Ord. No. 1-2008]
All preliminary subdivision and land development
plan applications shall include a wastewater treatment and disposal
feasibility report containing the following information:
A. The report shall include the complete Sewage Facilities
Planning Module, as provide by the Pennsylvania Department of Environmental
Protection, including complete site testing information.
B. The report shall demonstrate the adherence of the plan to all relevant portions of this chapter (Chapter
170 of the Code of Pocopson Township).
C. The report shall evaluate individual on-lot sewage
systems as the preferred technology for single-family dwellings on
lots of one acre or greater in size, site conditions permitting, unless
specified otherwise by the official Township Act 537 Sewage Facilities
Plan.
D. When the installation of a community sewage system is contemplated, the report shall begin the evaluation of alternatives with technology, as set forth herein at §
170-20D(1). The evaluation shall continue in sequence. The most preferred feasible alternative, as selected by the Township at the Township's discretion, shall be the technology selected for use.
(1) Alternatives shall be evaluated in the following order
of the Township's preference as established below:
(a)
Lagoon treatment system with sand or membrane
filtration and spray irrigation and/or other community reuse systems.
(b)
Lagoon treatment system with sand or membrane
filtration and drip irrigation.
(c)
Community tertiary treatment with membrane filtration
system with spray irrigation.
(d)
Community tertiary treatment with membrane filtration
system with drip irrigation.
(e)
Community aerobic treatment with sand filtration
and spray irrigation.
(f)
Community aerobic treatment unit with membrane
filtration system and drip irrigation.
(g)
Community septic tank or tanks with sand filter
treatment and denitrification followed by subsurface diffusion.
(h)
Community tertiary treatment with membrane filtration
system with subsurface diffusion.
(i)
Community aerobic treatment with sand filter
and denitrification followed by subsurface diffusion.
(j)
Connection to an existing spray irrigation treatment
facility, provided there is adequate treatment capacity and irrigation
area available or to be provided for current, previously committed,
and projected uses.
(k)
Central holding tank (only for existing uses
on a temporary basis until a preferred treatment system is accessible);
(l)
Other wastewater options at the discretion of
the Township.
(2) When evaluating the feasibility of the preferred alternatives,
a combination of options may be required. For example, if a site is
capable of spray irrigating only 50% of its effluent and the only
other feasible option is drip irrigation, the largest amount of the
site possible shall be spray irrigated and only the remainder of the
site shall be disposed of utilizing the less preferred option. Notwithstanding
the foregoing, the sequence of alternatives shall be followed in evaluating
the combination of options.
(3) Lagoon treatment systems are the preferred method
of treatment and shall be used wherever possible. The lagoons shall
be designed as deep aerated cells with bottom aeration.
(4) Alternatives in §
170-20D(1)(c) through
(i) shall include a lagoon or other storage facility capable of storing a minimum of 20 days of flow. More storage capacity may be required, at the Township's discretion, if the treatment method involves drip irrigation.
(5) Any stream discharge proposal shall require a minimum
of 30 days of aerated storage followed by discharge to wetland treatment
cells prior to entry into the stream. A stream discharge proposal
shall not be considered until such time as the applicant has completed
a four-season monitoring of chemical and biological stream quality
indicators.
(6) Alternatives shall be evaluated in consideration of
the Township wastewater policies as established in the official Act
537 Sewage Facilities Plan. The report shall state how the selected
alternative will support the stated policies.
E. The Township reserves the right to require the applicant,
or to hire a consultant at the applicant's expense, to evaluate additional
wastewater treatment and disposal alternatives in addition to the
alternative proposed to determine if a technology more consistent
with municipal wastewater and land use policies is feasible.
F. The Township reserves the right to require the implementation
of a system other than the system proposed by the applicant, if the
Township's selection could result in long-term environmental protection
and economic savings to the Township and/or system users.
G. The report shall include a detailed breakdown of operation
and maintenance costs for the proposed system to demonstrate the estimated
yearly cost per unit served. The operation and maintenance budget
shall include a capital reserve component to provide for replacement
of major equipment.
H. The report shall be prepared by a registered professional
engineer. The report shall be submitted with the preliminary plan
for review and recommendation by the Township Engineer or other consultant
as selected by the Township.
I. Where a community sewage system utilizing surface
or subsurface disposal of wastewater effluent is proposed, hydrogeologic
and permeability testing shall be required as part of the report.
J. The report shall contain sufficient engineering and
cost data, evaluations and recommendations to enable the Township
to evaluate the advantages or disadvantages of providing the subdivision
or land development with the various methods of wastewater treatment
and disposal considered and that which is ultimately selected.
The following provisions shall apply to the
construction and operation of any combined on-lot subsurface disposal
systems or the construction and operation of any individual on-lot
disposal system serving one or two lots which relies upon stream discharge
or spray irrigation for disposal of less than 1,000 gallons per day
of effluent:
A. The construction and operation of such systems shall
be subject to the issuance of appropriate permits from the Chester
County Health Department and/or the Pennsylvania Department of Environmental
Protection.
B. Before making application for such permits, plans
for the proposed system, as well as any and all other materials required
to be submitted to the Chester County Health Department and/or the
Pennsylvania Department of Environmental Protection pursuant to the
then-applicable statutes, regulations or directives, shall be submitted
to Pocopson Township for review by the Township Engineer or such other
consultant as the Township deems appropriate. The Township shall communicate
its findings and recommendations to the appropriate officials at the
Pennsylvania Department of Environmental Protection, Chester County
Health Department, and any other interested or affected agency or
party.
C. The construction of such systems shall be subject
to the inspection and approval of the Township Engineer or consultant,
as well as appropriate Chester County Health Department and/or Pennsylvania
Department of Environmental Protection personnel.
D. The Township may require background testing of wells
in the vicinity of any proposed combined on-lot subsurface disposal
system and may also require the testing of any stream flows or groundwater
through monitoring wells appropriate to determine the background conditions
of stream flow and groundwater prior to the construction of stream
discharge or spray irrigation systems. Such background testing shall
generally be in conformity with the Pennsylvania Department of Environmental
Protection and the Chester County Health Department regulations whether
or not required by the Pennsylvania Department of Environmental Protection.
E. The Township reserves the right to require the deposit
of 5% of the replacement cost of the system or $4,000, whichever is
greater, in an escrow account to guarantee the proper operation of
such systems, which escrow shall be released after two years of acceptable
operation.
[Amended 11-28-2005 by Ord. No. 3-2005]
F. The Township may require effluent to be discharged
to streams or spray irrigation systems to be tested on a monthly basis
until such time as the effective operation of the system is established,
after which the Township may reduce such testing intervals to quarterly.
G. The Township may require that sand filters be installed
as a last step of effluent treatment before discharge to combined
subsurface disposal systems or to stream discharge or spray irrigation
systems.
H. The property owner or owners will be required to enter
into an agreement with the Township guaranteeing the proper operation
and maintenance of such systems and providing that the Township may
inspect such systems on a monthly or quarterly basis. Upon discovering
any malfunctioning in the operation of such systems and after notice
to the property owners and the failure of the said property owners
to make the necessary repairs or replacement, the Township may enter
upon the property and perform the necessary steps to restore the system
to proper operation in accordance with the rules and regulations of
the Chester County Health Department and/or the Pennsylvania Department
of Environmental Protection. The agreement shall also provide that
all expenses of the Township shall be paid by the owner or owners
of the system involved with the right of the Township to file municipal
liens to enforce the collection of such cost.
I. The costs of the reviews, inspections and other matters
undertaken by the Township and its designees under this section shall
be borne by the owner(s) of the system.
[Amended 11-19-2012 by Ord. No. 6-2012]
A. The operation and maintenance of an individual on-lot sewage disposal system shall be the sole responsibility of the lot owner. Individual on-lot sewage disposal system owners shall have their septic tank or cesspool pumped at least every three years unless granted an extension by the Township under the provisions of Subsection
B, below, and shall make such other repairs or replacement as are necessary to correct and/or prevent the malfunctioning of the system. The lot owner shall supply to the Township proof of pumping upon request of the Township. The Township reserves the right to require property owners served by individual on-lot disposal systems to take steps to abate the malfunctioning of such systems, including, but not limited to, the replacement of the system, more frequent pumping of septic tanks or cesspools or the repair or replacement of any defective elements of such systems. This is in addition to any remedies available in law or equity to the Chester County Health Department, Pennsylvania Department of Environmental Protection or the Township.
B. A lot owner may apply to the Township for an extended pumping period
for up to every five years if the system has limited use such as a
guesthouse with no regular occupant or a dwelling that is vacant for
four or more months a year. The Board of Supervisors or its designated
representative shall determine if the extension shall be granted.
C. The construction and/or replacement of individual on-lot sewage disposal
systems shall be subject to the issuance of appropriate permits by
the Chester County Health Department or other necessary federal, state
or local entities.
D. Chester County Health Department licensed liquid waste haulers operating
in the Township shall report pumping, maintenance needs and all associated
data to the Chester County Septage Management Data System or to any
other septage management data system so designated by the Board of
Supervisors.
E. The Township may use data from a septage management data system to
administer the Township's on-lot sewage management program.
F. Any person owning an on-lot sewage disposal system which utilizes
any components or technologies deemed by the Pennsylvania Department
of Environmental Protection (DEP) to require more detailed operation
and maintenance requirements than provided for in this section, including
but not limited to individual residential spray irrigation systems,
drip irrigation systems, stream discharge systems, alternate systems,
or experimental systems shall be further subject to the maintenance
responsibilities recommended by DEP for said system. These responsibilities
shall be memorialized in individual operation and maintenance agreements
for each such use, to which both the Township and the property owner
shall be party.
G. Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
(2) Automobile oil or other nondomestic oil.
(3) 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.
(4) Nonbiodegradable materials.
(5) Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
The fees for any reviews, inspections or other
matters undertaken by the Township, or its designees under this article,
shall be sufficient to cover the fair and reasonable expense of those
activities, and shall be as prescribed by resolution of the Board
of Supervisors.
The Board may, from time to time, adopt such
rules, regulations, standards and procedures as shall be determined
necessary in order to properly administer the provisions of this article;
provided, however, that no such rule or regulation standard or procedure
shall be adopted if the same is inconsistent with any Pennsylvania
statute or rule or regulation promulgated thereunder. Upon such promulgation
by the Board, the same shall become fully enforceable by the Board
under this article.
[Amended 11-28-2005 by Ord. No. 3-2005]
Any person who violates or permits the violation
of any provision of this article shall, upon being found liable thereof
in a criminal enforcement proceeding, pay a fine of not more than
$1,000, plus court costs and reasonable attorneys' fees, and may be
incarcerated for a period not exceeding 90 days for each and every
violation. Such fine, costs, attorneys' fees, and incarceration, after
being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure.
Each twenty-four-hour period during which failure to comply continues
shall constitute a separate violation. The Township Code Enforcement
Officer shall initiate criminal enforcement proceedings in order to
achieve compliance with this article.