The purpose of this article is to establish
the procedure by which a permit may be issued for the temporary installation
of an on-lot self-contained sewage treatment system during the ban
on connections to the municipal sewer system imposed by the Pennsylvania
Department of Environmental Resources or while no public sewer is
available to serve the property in question.
Unless the context specifically and clearly
indicates otherwise, the meanings of terms used in this article shall
be as follows:
BOROUGH
The Borough Council of the Borough of Ephrata.
IMPROVED PROPERTY
Any property within the Borough upon which there is to be
erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
ON-LOT SEWERAGE SYSTEM
A self-contained complete sewage treatment system properly
designed and installed to serve the development of one or more lots
without creating any adverse health and safety concerns. System types
or modification of these types to be used are as follows:
A.
Septic tank and drain field properly sized for
the intended service requirements constructed on a suitable lot. The
tank shall serve as the receiving basin, the settling basin and provide
digestion capacity. The drain field shall serve as the liquid dissipater
through percolation and some evaporation.
B.
Alternate or special system for on-lot treatment
of sewage as variations to the standard septic system or other systems
that can be approved and meet the requirements of Pennsylvania Department
of Environmental Resources.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial of any property located in the Borough.
PERSON
Any individual, partnership, company, association, corporation
or other group or entity.
SEWAGE
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 substance 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.
SEWAGE ENFORCEMENT OFFICER
A person certified by the Pennsylvania Department of Environmental
Resources to make investigations, tests and recommendation as to the
suitability of the land to support an on-lot sewage treatment system
and who is employed by the Borough for that purpose.
Upon application of a person or owner of a property
in the Borough requesting a permit to install an on-lot self-contained
sanitary sewage treatment facility as a temporary installation, the
Borough Council will consider the granting of a permit under the following
conditions and regulations:
A. That connection to the municipal system is not available.
B. That the proposed system conforms to the standards
of Pennsylvania Department of Environmental Resources, the regulations
of the Borough and approved engineering practices and which shall
be inspected and approved by the Borough.
C. That the owner agrees to allow the Borough's Sewage
Facility Officer to perform the necessary site investigation, percolation
test and soil analysis.
D. That the owner agrees to disconnect the on-lot sewer
system and connect to the municipal system within 120 days after receipt
of notice from the Borough Council.
E. That the owner agrees to remove any tank buried as
part of the on-lot system or cause the same to be filled with solid
material and have the work inspected and approved.
F. That the owner agrees to maintain the system in good
operating order free from drainage seepage to the surface.
G. That the owner agrees to pay the Borough the costs
of the Sewage Enforcement Officer, the normal connection fee and inspection
service and the regular monthly or quarterly rate for service.
H. That the owner agrees to extend the sanitary sewer
lateral to a point inside the structure or to a suitable location
outside the structure that will lend ease at the time to make connection
to the municipal system.
[Amended 4-8-1996 by Ord. No. 1279]
All such rules and regulations prescribed and
adopted by this article shall be in conformity with the provisions
of Ephrata Borough, applicable laws, the Pennsylvania Department of
Environmental Resources and other regulations and controls established
by Borough codes and ordinances except for this temporary use of an
on-lot self-contained sanitary sewage system.
The Borough Manager is hereby authorized to
issue a permit after the temporary use of an on-lot self-contained
sanitary sewer system has been granted by the Borough Council and
to enforce the regulations of this article and other ordinances in
such a manner as to provide for the health, welfare and safety of
the area. He or she shall take necessary steps to accomplish this,
by orders to the owner, by actual performance of the work or by bringing
a citation before the local District Justice for failure of the owner
to comply.
[Amended 4-8-1996 by Ord. No. 1279]
Any person who violates any provisions of this
article shall, upon conviction thereof by summary proceedings, be
sentenced to pay a fine of not less than $100 and not more than $300,
plus costs of prosecution, and in default of said fine and costs to
undergo imprisonment in the Lancaster County Prison for a period not
in excess of 30 days.
In addition to any other remedies provided in
this article, any violation shall constitute a nuisance and may be
abated by the Borough of Ephrata and the costs thereof billed to the
property owner. Failure to pay for this work may be collected or liened
as a municipal claim.