[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
This article shall be known as "An Ordinance
of Hanover Township, Northampton County, Pennsylvania, defining and
regulating the installation, construction, alteration and repair of
individual and community sewage disposal systems; requiring permits
for and providing for inspections; and prescribing penalties."
The purpose of this article is to promote the
health and safety of the people of Hanover Township through the regulation
of sewage disposal systems.
A.
The objectives of this article are to provide adequate
and safe methods of sewage disposal, and to prevent the contamination
of any existing or future water supply by any existing or future sewage
disposal system.
B.
The Supervisors of Hanover Township, Northampton County,
Pennsylvania, ordain as follows.
A.
With the exception of those words and terms defined in Subsection B of this section, all words and terms used in this article shall be defined in accordance with Section 71.1 of Chapter 71 of the Regulations of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
B.
ACT
CERTIFIED SEWAGE ENFORCEMENT OFFICER
CHAPTER 71 OF THE DEPARTMENT'S REGULATIONS
CHAPTER 73 OF THE DEPARTMENT'S REGULATIONS
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MUNICIPAL SEWAGE ENFORCEMENT OFFICER
OFFICIAL PLAN
SINGLE-FAMILY RESIDENCE
The following words and terms, when used in this article,
shall have the following meanings:
The Pennsylvania Sewage Facilities Act (Act of January 24,
1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.)
Any person certified as qualified to issue permits for individual
or community sewage systems by the certification board.
Title 25, Pennsylvania Code, Chapter 71, "Administration
of Sewage Facilities Program."
Title 25, Pennsylvania Code, Chapter 73, "Standards for Sewage Disposal Facilities."
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 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.
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 or by means of conveyance
to another site for final disposal.
Any person or persons designated as such under § 140-28A of this article.
A comprehensive plan for the provision of adequate sewage
system adopted by the Supervisors of Hanover Township and submitted
to and approved by the Department as provided by the Act and Chapter
71 of the Department's regulations.
A dwelling unit which occupies the structure from ground
to roof usually with independent access, services, and use of land,
including dwelling units which have one or both side walls as a party
wall in common with an adjoining dwelling unit.
A.
The Supervisors of Hanover Township shall annually
appoint one or more certified sewage enforcement officers as its Municipal
Sewage Enforcement Officer(s) to carry out the duties specified in
this article. Such Officer shall serve until he resigns, is dismissed
by the Supervisors or has his certification suspended or removed by
the Department.
B.
In January of each year the Supervisors shall submit
the name and address of its Municipal Sewage Enforcement Officer(s)
to the Department. The Supervisors shall notify the Department within
30 days of any change in the information referred to in this subsection.
All Municipal Sewage Enforcement Officers shall
abide by the standards of conduct specified in Chapter 71 of the Department's
regulations. Violation of any of these standards shall be grounds
for dismissal by the Supervisors.
A.
The installation of any treatment tank, subsurface
absorption area or any holding tank constitutes either the installation
of an individual or a community sewage system and requires a permit
prior to beginning the installation of the system or beginning the
construction, installation or occupancy of any building or buildings
for which such a system will be installed. The installation of an
individual or community sewage system shall include the repair, replacement
or enlargement of any treatment tank, subsurface absorption area,
or holding tank. A permit shall be required regardless of the acreage
of the tract on which the individual or community sewage system is
to be installed or repaired.
B.
The Supervisors will issue, deny and revoke permits
only by and through the Municipal Sewage Enforcement Officer(s).
C.
If construction or installation of an individual or
community sewage system and of any building or structure for which
such system is to be installed has not commenced within two years
after the issuance of a permit for such system, the said permit shall
expire. A new permit shall be obtained prior to the commencement of
said construction or installation.
D.
Construction of a new sewage system for a newly occupied
building will be known as a "new sewage system" for the purposes of
this article. The repair or replacement of an existing on-lot sewage
disposal system for a structure which is occupied at the time of the
application for permit issuance shall be known as a "repair sewage
system" for the purposes of this article.
E.
The design and installation of an individual or community sewage system, or part thereof, shall be done in conformance with the standards in Chapter 73 of the Department's Rules and Regulations.
F.
No individual or community system shall be installed
in an area designated as a floodway or flood-fringe as defined by
Flood Hazard Maps prepared for the Township by the Federal Insurance
Administration.
A.
Application for a permit shall be made by the property
owner to the Municipal Sewage Enforcement Officer prior to the commencement
of construction, alteration or repair of individual or community sewage
system or the construction or expansion of any building for which
such a system is to be installed or used.
B.
The application shall contain the following:
(1)
The information found on the application form BWQ290
prescribed by the Department.
(2)
Such further information as may be required by the
Municipal Sewage Enforcement Officer to insure that the proposed action
complies with the regulations promulgated by the Department. Application
forms may be obtained from the Municipal Sewage Enforcement Officer
or Municipal Secretary-Treasurer.
C.
When the Municipal Sewage Enforcement Officer has
found an application incomplete or the Municipal Sewage Enforcement
Officer is unable to verify the information submitted, the applicant
shall be notified in writing within seven days of receipt of application
and the time for acting thereon shall be extended 15 days beyond the
date of receipt of adequate supplementary or amendatory data. If adequate
supplementary or amendatory data is not provided within 30 days after
the Municipal Sewage Enforcement Officer requests such data, the application
may be denied.
D.
Applications for permits for new sewage systems which
are not consistent with the official plan of Hanover Township shall
not be approved.
E.
New sewage systems. For new systems, the application
and review process consists of the following four stages: preliminary
stage; site evaluation stage; system design stage; and final inspection
stage.
(1)
In the preliminary stage, the applicant obtains a
copy of Form BWQ290 from the Municipal Sewage Enforcement Officer,
completes Part 1 of the form and submits it along with the appropriate
permit fee to the Municipal Sewage Enforcement Officer. The Municipal
Sewage Enforcement Officer reviews Part 1 and on-site evaluation is
scheduled at a mutually agreed time.
(2)
In the site evaluation stage, the Municipal Sewage Enforcement Officer observes the soil test pit, percolation test and slope measurements and completes Part IV of the application. It shall be the responsibility of the applicant to prepare the site for inspection including the digging and proper preparation of the percolation test holes as specified in Chapter 73 of the Department's regulations, the digging of a soil test pit at least seven feet deep, any general clearing of the site necessary to make slope measurements, conducting soil and percolation tests and providing water for the percolation test. After the site evaluation stage, the applicant will be notified if the site is suitable or receive a letter of permit denial if it is not.
(3)
The system design stage involves the completion of
Parts II and III of the application form by the applicant. The Municipal
Sewage Enforcement Officer may provide advice and assistance, but
the system design shall be the responsibility of the applicant.
(4)
When the Municipal Sewage Enforcement Officer has
determined that the application is complete and meets the requirements
of Chapters 71 and 73 of the Department's regulations and this article,
a permit shall be issued.
(5)
Permits shall be issued or denied by the Municipal Sewage Enforcement Officer in writing within seven days after receiving a completed application for permit, except as shown in Subsection C. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
F.
Repair sewage systems. For repair sewage systems,
the application and review process consists of the following four
stages: preliminary stage; site evaluation stage; system design stage;
and final Inspection stage.
(1)
In the preliminary stage, the applicant obtains a
copy of form BWQ290 from the Municipal Sewage Enforcement Officer
or Municipal Secretary-Treasurer, completes Part 1 of the form and
submits it along with the appropriate permit fee to the Municipal
Sewage Enforcement Officer. The Municipal Sewage Enforcement Officer
reviews Part 1 and an on-site evaluation is scheduled at a mutually
agreed time.
(2)
In the site evaluation stage, the Municipal Sewage Enforcement Officer may observe soil test pits, percolation tests and/or slope measurements, and shall complete Part IV of the application. For repair sewage systems, this soils evaluation is not required, but may be helpful to the applicant in certain cases. If percolation tests are performed, the procedure may follow the procedure outlined in Subsection E(2).
(3)
The system design stage involves the completion of
Parts II and III of the application form by the applicant. The Municipal
Sewage Enforcement Officer may provide advice and assistance, but
the system design shall be the responsibility of the applicant.
(4)
When the Municipal Sewage Enforcement Officer has
determined that the application is complete, and the requirements
of this article have been met, a permit shall be issued or denied.
(5)
Permits shall be issued or denied by the Municipal Sewage Enforcement Officer in writing within seven days after receiving a completed application for permit, except as shown in Subsection C. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.
G.
General department requirements.
(1)
Any application for a permit for an individual or
community sewage system where a license, certificate of registration
or permit is required from the Department under its regulations shall
receive the concurrence of the Department in writing prior to its
issuance by the Municipal Sewage Enforcement Officer.
(2)
Any application for a permit for an experimental individual or community sewage system shall receive the concurrence of the Department in writing prior to its issuance by the Municipal Sewage Enforcement Officer. Experimental sewage systems shall be subject to the requirements specified in Chapter 73 of the Department's regulations.
H.
Inspections.
(1)
In the final inspection stage, the applicant must
notify the Municipal Sewage Enforcement Officer when the installation
is complete and ready for inspection or reinspection.
(2)
No part of any installation shall be covered nor,
in the case of new systems, shall the building for which it is intended
be occupied until it is inspected and given final written approval
by the Municipal Sewage Enforcement Officer except that the applicant
may cover the installation in absence of written approval or disapproval,
at the expiration of 72 hours, excepting weekends and holidays, from
the date the Municipal Sewage Enforcement Officer receives the notice
to inspect. The Municipal Sewage Enforcement Officer may by order
require an installation to be uncovered at the expense of the applicant,
if the installation was covered contrary to the provisions of this
section.
A.
A permit shall be revoked by the Municipal Sewage
Enforcement Officer at any time for any one or more of the following
reasons, which shall be incorporated into the notice of revocation:
(1)
When any change which has occurred in the physical
conditions of any lands which will materially affect the operation
of an individual or community sewage disposal system covered by any
permit issued by the Municipal Sewage Enforcement Officer under the
provisions of Chapter 71 of the Department's regulations; or
(2)
When one or more tests material to the issuance of
the permit has not been properly conducted; or
(3)
When information material to the issuance of the permit
has been falsified; or
(4)
When the original decision of the Municipal Sewage
Enforcement Officer otherwise failed to conform with the provisions
of the Act and the Department's regulations; or
(5)
When the permittee has violated the provisions of
Chapter 71 or 73 of the Department's regulations; or
(6)
When the inspection reveals that the installation
of the system, water supply location or the underlying soil or geologic
conditions differ from those stated in the application.
B.
Revocation of a permit becomes effective after the applicant receives written notice and the 10 days' opportunity to request a hearing under the terms of § 140-34B has elapsed.
C.
After the permit has been revoked, no further construction
of either the system or the building for which it is intended shall
take place until the permit has been reinstated in writing.
D.
A permit which has been revoked under this section
shall be reinstated in writing after the reason for revocation is
corrected satisfactorily by the applicant.
A.
Upon receipt by the applicant of a notice of denial
of a permit, the applicant may request in writing, within 30 days
of receipt of said notice, a hearing before the Supervisors of Hanover
Township. The Supervisors shall hold a hearing within 15 days after
receipt of such a request. The Department shall be notified of the
hearing by the Supervisors.
B.
Revocation of permits shall occur only after written
notice and 10 days' opportunity to request a hearing have been granted
to the permittee. The Supervisors shall hold a hearing within 15 days
after receipt of such a request. The Department shall be notified
of the hearing by the Supervisors.
Although this article is intended to provide
guidelines for the proper installation of on-lot sewage disposal systems,
nothing contained herein should be interpreted as a guarantee to the
applicants that systems installed under the provisions of this article
will function as intended. Uncontrollable variables such as soil characteristics,
actual water usage and material or construction inadequacies may cause
a system malfunction, even though the general guidelines of the State
Department of Environmental Protection and this article are followed.
A.
Any person who shall violate any provision of this
article or the rules, regulations or standards promulgated pursuant
to this article or who is the owner of a property on which a condition
exists which constitutes a nuisance under this article or who resists
or interferes with any officer, agent or employee of a local agency
or the Department, in accordance with the provisions of this article,
in the performance of his duties, shall be guilty of a summary offense.
Upon conviction thereof, such person shall be sentenced to pay a fine
of not less than $500 nor more than $5,000, plus costs, or to imprisonment
not to exceed 90 days, or both.
B.
Any person who shall be found by the Municipal Sewage Enforcement Officer to be discharging sewage to the surface of the ground and such discharge shall, in fact, constitute a nuisance, then upon written notice from the Township Sewage Enforcement Officer, said person shall be required to repair his or her sewage system to eliminate such nuisance. The repair shall be satisfactorily completed within 30 days of the receipt of the notice. Each thirty-day period subsequent to the original notice period that the identified nuisance continues shall be a separate violation of this article and shall be subject to either or all of the remedies described in Subsection A, C or D of this section.
C.
Upon notice to any person violating Subsection A of this article, in the manner described in Subsection A to abate or eliminate the nuisance, and upon failure of such person to so abate or eliminate the nuisance, in the time period described in Subsection A, the Township may take such steps as necessary to abate or eliminate the nuisance, and charge said person violating said subsection with all costs thereof, together with a collection fee of 10%, or file a municipal claim against said person for all the costs thereof, together with a collection fee of 10%, or file an action of assumpsit, without the filing of a claim, with the Prothonotary of Northampton County, for all the costs thereof together with a collection fee of 10%.
D.
The Township may institute proceedings in any court
of equity having jurisdiction to abate any violation of this article.
