[Adopted 12-12-2007 by Ord. No. 202-2007]
A.
This article shall be known and may be cited as an
"Ordinance Providing for a Sewage Management Program for East Whiteland
Township."
B.
Pursuant to Section 1522 of the Second Class Township
Code (Act of May 1, 1933, P.L. 103, No. 69, as amended through Act
60-1995)[1]; the Clean Streams Law (Act of June 22, 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"), specifically Title 25, Chapter 71, Section 71.71, it is
the power and the duty of East Whiteland Township to provide for adequate
sewage treatment facilities and for the protection of the public health
by prohibiting the discharge of untreated or inadequately treated
sewage. The Official Sewage Facilities Plan for East Whiteland Township
states 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.
[1]
Editor's Note: See 53 P.S. § 66601.
C.
The purpose of this article is to provide for the
regulation, inspection, maintenance and rehabilitation of on-lot sewage
disposal systems; to 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.
As used in this article, the following terms
shall have the meanings indicated:
A component of an individual or community sewage system where
liquid from a septic tank seeps into the soil; it consists of an aggregate-filled
area containing piping for the distribution of liquid in the soil
or sand/soil combination located beneath the aggregate.
The Township Codes Enforcement Officer, 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 East Whiteland
Township to administer or enforce the provisions of this article.
The Board of Supervisors of East Whiteland Township, Chester
County, Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage of a liquid nature from two or more lots, and
the treatment and/or disposal of the sewage on one or more of the
lots or at any other location for final disposal in whole or in part
into the soil. This includes land application by spray irrigation.
A parcel of land, the land area of which is contiguous and undivided by a street and which conforms to the provisions of Chapter 200, Zoning, and Chapter 175, Subdivision and Land Development, of the Code of the Township of East Whiteland and any other Township ordinances, codes, regulations, plans and maps; or any other parcel or tract of land, whether or not improved.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth or into surface waters of this 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 system of piping, treatment tanks or other facilities serving
a single lot and collecting, treating and disposing of sewage into
a subsurface absorption area or spray irrigation system.
An individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States or commonwealth, political
subdivision, municipality, district, authority or other legal entity
which is recognized by the law as the subject of rights and duties,
being the title owner of property in East Whiteland Township. The
term includes members of an association, partnership or firm and the
officers of a local agency or municipal, public or private corporation,
for profit or not for profit.
Any individual, partnership, corporation or other legal entity.
A watertight receptacle which receives and retains sewage
and is designed and constructed to hold sewage pending the ultimate
disposal of the sewage at another site.
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.
The Chester County Health Department.
East Whiteland Township, Chester County, Pennsylvania.
A watertight receptacle which receives the discharge of sewage
from a house or building sewer line and is designed and constructed
so as to permit settling of settleable solids from the liquid digestion
of the organic matter by detention and discharge of the liquid portion
into a distribution system or pit for underground dispersion or elevated
sand mound, individual spray irrigation. Treatment tanks include septic
tanks, cesspools, aerobic units and the like.
A.
The requirements of this article shall be effective
throughout the municipal limits of East Whiteland Township, Chester
County.
B.
Applicability.
(1)
The operation, maintenance and repair of an individual,
commercial or community on-lot sewage system shall be the responsibility
of the property owner; provided, however, that maintenance and repair
shall be subject to the continuing surveillance and inspection by
the Township, its authorized agent and/or the Sewage Enforcement Officer.
(2)
It shall be the responsibility of the property owner who utilizes an on-lot sewage disposal system to have it pumped in accordance with the schedule set forth in § 154-119 of this article and to make such other repairs or replacements as are necessary to prevent the malfunctioning of the system.
(3)
The construction, repair and/or replacement of an
individual, commercial or community on-lot disposal system shall be
subject to the issuance of appropriate permits by the Chester County
Health Department and/or PADEP.
A.
All on-lot systems, COLDS and small flow treatment
facilities shall be subject to periodic inspections and shall be subject
to inspection at any time if one or more of the following events occurs:
(1)
During the installation of any individual, commercial
or community on-lot sewage system or small flow treatment facilities.
(2)
If the licensed septic tank contractor performing
his regular pumpout schedule contacts the Township or Chester County
Health Department that a serious malfunction condition exits at an
on-lot system or small flow treatment facility.
(3)
If the owner or a neighboring property owner of a
facility contacts the Township, PADEP or the Chester County Health
Department.
(4)
If the owner fails to submit the proof of pumping within 90 days after the date on which pumping is required as specified in § 154-119.
(5)
For a small flow treatment facility, in addition to
the above, if periodic reports submitted to the Township or PADEP
indicate that the facility effluent is not achieving its minimum requirements.
B.
Items to be inspected for on-lot systems:
C.
For the small flow treatment facility, the following inspections should be made in addition to any of the applicable items under Subsection B:
(1)
Evidence that the system is operating in accordance
with the design.
(2)
Test for alternating of blowers and other operating
parts.
(3)
Inspect outfall line, if any, for evidence of recent
discharge and no clogs in the outfall line.
(4)
Inspect discharge effluent for clarity and sampling
if deemed appropriate.
A.
Treatment tank systems. The owner of a lot who uses
a treatment tank system must have the tank(s) pumped and the contents
disposed of at a licensed sewage disposal facility at least once every
three years by a Chester County Health Department licensed septic
tank contractor. Every owner of a treatment tank system existing on
any lot on the effective date of this article shall submit proof of
the required pumping and disposal to the Township's Codes Enforcement
Officer not later than May 31, 2008, in the form of a receipted bill
issued by the contractor or such other proof as shall be acceptable
to said Officer. If a system has been pumped within 12 months of the
May 31, 2008, deadline, proof of such pumping shall be submitted to
the Township's Code Enforcement Officer. That system will then have
to be pumped prior to the expiration of three years from the date
that the system was last pumped. Thereafter, proof of pumping shall
be submitted to the Codes Enforcement Officer demonstrating pumping
and disposal of the system's contents within the preceding twelve-month
period at least once every three years. The owner of a system installed
after the effective date of this article shall henceforth pump his
system in accordance with the schedule set forth herein.
B.
Retaining tanks. The owner of a lot utilizing a retaining
tank(s) or a sewage treatment system designed or operated as a retaining
tank on the effective date of this article shall enter into a written
contract with a Chester County Health Department licensed septic tank
contractor requiring periodic pumping and disposal of the tank's contents
in accordance with the schedule required by the permit which authorized
the installation and use of the retaining tank system. A copy of the
contract shall be filed by the owner with the Codes Enforcement Officer
by May 31, 2008, and annually thereafter and shall be in effect and
valid for a period of at least one year. The owner of a system installed
after the effective date of this article shall submit the required
contract to the Codes Enforcement Officer within one year of the installation
and annually thereafter.
C.
Stream discharge systems. The owner of a lot on which
a stream discharge sewerage system approved and permitted by the PADEP
has been installed shall register the system with the Township within
90 days following the effective date of this article by filing a copy
of the current PADEP permit, together with any other information required
by the Codes Enforcement Officer to verify the current validity of
the permit and copies of any tests verifying the system's operational
integrity performed during the 12 months immediately preceding the
registration. The owner of a system installed after the effective
date of this article shall register the system with the Township within
90 days of such installation. The Codes Enforcement Officer or other
authorized agent shall arrange for periodic inspections as required.
D.
Community on-lot disposal systems (COLDS). The operator(s)
of any COLDS permitted for flows over 2,500 gallons per day shall
submit regular reports to the Township. Reports shall be in the PADEP
format for municipal waste load management and discharge monitoring
reports. Reports are to be submitted to the Township at least as often
and at the same time as they are to be submitted to PADEP.
E.
Compliance. Failure to comply with the provisions of Subsections A through D of this § 154-119 or to correct any defect determined during an inspection conducted pursuant to § 154-118 hereof within the time specified for by the Codes Enforcement Officer shall constitute a violation of this article, subjecting the owner of the property on which the system is installed to the enforcement and penalty provisions of §§ 154-121 and 154-122 of this article.
F.
Change of ownership. Prior to the conveyance of any
lot which is subject to the provisions of this article, the sewage
system installed on such lot shall be pumped and its contents disposed
of as required by this section, unless the owner has filed with the
Township a receipt issued by a licensed septic tank contractor proving
that the system was pumped out within the immediately preceding six-month
period. Following any conveyance of the lot, the owner shall be subject
to the provisions of this article.
G.
Promulgation of regulations and required proof. In
addition to the requirements specified in this section, the Board
may, by resolution, promulgate such forms and regulations for the
administration and enforcement of this article as it shall determine
necessary. Failure of a lot owner to receive or secure any required
form shall not constitute a defense to the enforcement or penalty
provisions of this article.
When the Township becomes aware of a violation(s)
of this article, regulations promulgated by the Township hereunder
or County Health Department regulations, it shall report such violation(s)
to the Chester County Health Department and/or PADEP. All facilities
regulated in this article shall be subject to the applicable rules
and regulations of the Chester County Health Department and/or PADEP.
A.
The Township's Codes Enforcement Officer shall have
the power and authority to determine all issues relating to compliance
with the provisions of this article and to bring and prosecute in
the name of the Township enforcement and penalty proceedings for violations
of its provisions.
B.
Notice. If it appears that a violation of this article
has occurred, the Township's Codes Enforcement Officer shall issue
an enforcement notice to the property owner. Such notice shall be
personally delivered or sent via certified mail to the owner of record
of the property where the violation has occurred. The enforcement
notice shall state the following:
(1)
The name of the owner of record and any other person
against whom the Township intends to take action.
(2)
The location of the property where the violation has
occurred.
(3)
The specific violation of this article.
(4)
The date before which steps for compliance must be
completed.
(5)
That failure to comply with the notice within the
time specified constitutes a violation with possible sanctions imposed.
C.
Appeals from the Codes Enforcement Officer's determinations
or interpretations of the provisions of this article shall be taken
to the Board within 30 days from the date of such determination or
interpretation. Appeals shall be heard and determined in accordance
with the provisions of the Local Agency Law. The Board may request
documentation and consult with the Township Engineer or Solicitor
or other competent authorities as it determines necessary for a just
resolution of the appeal and may impose the reasonable costs thereof
upon the appellant; provided, however, that the Board shall have no
jurisdiction to hear or determine any appeal from the action of the
Codes Enforcement Officer in prosecuting a violation of this article
in a summary proceeding before a District Justice.
Any person who violates any provision of this
article or who fails to comply with any of its provisions or regulations
promulgated hereunder or who fails or refuses to comply with any lawful
notice, order or direction of the Codes Enforcement Officer shall
be guilty of a summary offense and, upon conviction by a District
Justice, shall pay a fine of not less than $100 nor more than $1,000,
together with the costs of prosecution, and upon default in payment
of the fine and costs, shall be subject to imprisonment in the county
prison for a term not exceeding 30 days. Each day during which any
violation of this article continues shall constitute a separate offense
punishable by like fine or imprisonment.
The Board of Supervisors shall, by resolution,
adopt a fee schedule for the administration of this article. Said
schedule shall be kept on file by the Township Secretary and shall
be reviewed and revised as necessary.
