[HISTORY: Adopted by the Borough Council of the Borough of Mount Pocono as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-1974 by Ord. No. 2-1974]
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this article shall be as follows:
- The Mount Pocono Municipal Authority, a municipality authority of the commonwealth.
- The Borough of Mount Pocono, Monroe County, Pennsylvania, a municipal corporation of the commonwealth, acting by and through its Council or, in appropriate cases, acting by and through its authorized representatives.
- BUILDING SEWER
- The extension from the sewage drainage system of any structure to the lateral of a sewer.
- The commonwealth of Pennsylvania.
- IMPROVED PROPERTY
- Any property within this Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
- INDUSTRIAL ESTABLISHMENT
- Any improved property located in this Borough used or intended for use, wholly or in part, for the manufacturing, processing, cleaning, laundering or assembling of any product, commodity or article, or any other improved property located in this Borough from which wastes, in addition to or other than sanitary sewage, shall be discharged.
- INDUSTRIAL WASTES
- Any and all wastes discharged from an industrial establishment, other than sanitary sewage.
- That part of the sewer system extending from a sewer to the curbline or, if there shall be no curbline, to the property line or, if no such lateral shall be provided, then "lateral" shall mean that portion of, or place in, a sewer which is provided for connection of any building sewer.
- Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
- Any individual, partnership, company, association, society, trust, corporation or other group or entity.
- SANITARY SEWAGE
- Normal water-carried household and toilet wastes from any improved property.
- Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
- SEWER SYSTEM
- All facilities, as of any particular time, for collecting, pumping, transporting, treating and disposing of sanitary sewage and/or industrial wastes, situate in or adjacent to this Borough and owned by the Authority.
- Includes any street, road, lane, court, cul-de-sac, alley, public way or public square.
The owner of any improved property benefited, improved or accommodated by a sewer shall connect such improved property with such sewer, in such manner as this Borough may require, within 45 days after notice to such owner from this Borough to make such connection, for the purpose of discharge of all sanitary sewage and industrial wastes from such improved property; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough, from time to time.
All sanitary sewage and industrial wastes from any improved property, after connection of such improved property with a sewer shall be required under § 160-2, shall be conducted into a sewer; subject, however, to such limitations and restrictions as shall be established herein or otherwise shall be established by this Borough from time to time.
No person shall place, shall deposit or shall permit to be placed or to be deposited upon public or private property within this Borough any sanitary sewage or industrial wastes in violation of § 160-2.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle shall be used or shall be maintained at any time upon any improved property which has been connected to a sewer or which shall be required under § 160-2 to be connected to a sewer.
Every such privy vault, cesspool, sinkhole, septic tank or similar receptacle in existence shall be abandoned and, at the discretion of this Borough, shall be cleansed and shall be filled, at the expense of the owner of such improved property, under the direction and supervision of this Borough; and any such privy vault, cesspool, sinkhole, septic tank or similar receptacle not so abandoned and, if required by this Borough, not cleansed and filled, shall constitute a nuisance, and such nuisance may be abated as provided by law at the expense of the owner of such improved property.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected with a sewer.
The notice by this Borough to make a connection to a sewer, referred to in § 160-2, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary of each section thereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 45 days from the date such notice is given. Such notice may be given at any time when a sewer is in place which can receive and can convey sanitary sewage and industrial wastes for treatment and disposal from the particular improved property. Such notice shall be served upon the owner in accordance with law.
[Added 9-2-2003 by Ord. No. 7-2003]
After the effective date of this amendment, the owner of any improved property shall not be required to connect such improved property with any sewer, unless and until the Borough Council of the Borough of Mount Pocono approves, by a majority vote of Borough Council, the extension, installation or construction of any sewer resulting in such improved property being subject to this article. In the event that the Borough Council does not approve the extension, construction or installation of such sewer, § 160-2 of this article shall not be applicable, and neither the Borough nor the Authority may require the owner of such improved property to connect to any such sewer.
[Added 9-2-2003 by Ord. No. 7-2003]
Any proposal to extend, install or construct any new sewer within the Borough of Mount Pocono by the Authority shall be subject to approval by a majority vote of the Mount Pocono Borough Council. In the absence of such majority vote, the Authority shall be prohibited from applying any parts of this article to the owners of improved properties benefited, improved or accommodated by such new sewer.
No person shall uncover, shall connect with, shall make any opening into or shall use, shall alter or shall disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing, from this Borough.
Application for a permit required under § 160-10 shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
No person shall make or shall cause to be made a connection of any improved property with a sewer until such person shall have fulfilled each of the following conditions:
Such person shall have notified the Secretary of this Borough of the desire and intention to connect such improved property to a sewer;
Such person shall have given the Secretary of this Borough at least 24 hours' notice of the time when such connection will be made so that this Borough may supervise and inspect or may cause to be supervised and inspected the work of connection and necessary testing; and
If applicable, such person shall have furnished satisfactory evidence to the Secretary of this Borough that any tapping (or connection) fee which may be charged and imposed by the Authority against the owner of each improved property who connects such improved property to a sewer has been paid.
Except as otherwise provided in this section, each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one improved property on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of this Borough, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by this Borough.
All costs and expenses of construction of a building sewer and all costs and expenses of connection of a building sewer to a sewer shall be borne by the owner of the improved property to be connected, and such owner shall indemnify and shall save harmless this Borough and the Authority from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to a sewer.
A building sewer shall be connected to a sewer at the place designated by this Borough or by the Authority and where, if applicable, the lateral is provided.
The invert of a building sewer at the point of connection shall be at the same or a higher elevation than the invert of the sewer. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight.
If the owner of any improved property benefited, improved or accommodated by a sewer, after 45 days' notice from this Borough requiring the connection of such improved property with a sewer in accordance with § 160-2, shall fail to connect such improved property as required, this Borough may make such connection and may collect from such owner the costs and expenses thereof by a municipal claim, an action in assumpsit or such other legal proceeding as may be permitted by law.
Where an improved property, at the time connection to a sewer is required, shall be served by its own sewage disposal system or sewage disposal device, the existing house sewer line shall be broken on the structure side of such sewage disposal system or sewage disposal device and attachment shall be made, with proper fittings, to continue such house sewer line as a building sewer.
No building sewer shall be covered until it has been inspected and approved by this Borough. If any part of a building sewer is covered before so being inspected and approved, it shall be uncovered for inspection, at the cost and expense of the owner of the improved property to be connected to a sewer.
Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property.
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Any street, sidewalk and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner of the improved property being connected, in a manner satisfactory to this Borough.
If any person shall fail or shall refuse, upon receipt of a notice of this Borough or the Authority, in writing, to remedy any unsatisfactory condition with respect to a building sewer within 45 days of receipt of such notice, this Borough or the Authority may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sewer system until such unsatisfactory condition shall have been remedied to the satisfaction of this Borough and the Authority.
This Borough reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and with the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this article.
[Amended 9-20-1999 by Ord. No. 12-1999]
Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not more than $1,000, together with costs of prosecution in each case, and, in default of payment of such fines and costs, to imprisonment for not more than 30 days. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.
Fines and costs imposed under provisions of this article shall be enforceable and recoverable in the manner at the time provided by applicable law.
[Added 3-19-2001 by Ord. No. 2-2001]
The Borough designates the Authority as its agent for enforcement of this article. The Authority is fully authorized by the Borough to prosecute actions under Section 5.01 of this ordinance, as well as to commence civil actions in the Court of Common Pleas in order to seek compliance with any and all provisions of this article.
It is declared that enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of inhabitants of this Borough.
[Added 9-4-2007 by Ord. No. 8-2007]
This section shall apply in the event that the Mount Pocono Municipal Authority declares a moratorium whereby properties not connected to the Authority's sewer system are prohibited from connecting due to inadequate treatment and discharge capacity.
In the event of a moratorium, the provisions of this article mandating connection shall be suspended as it pertains to properties not connected to the sewer system. Such property owners may elect to install an on-lot septic system.
For such owners who elect to install an on-lot septic system, the provisions of this article shall be suspended for a period of five years from the date of final permitting of such on-lot septic system or until said moratorium is lifted, whichever period is longer.
Within one year after any moratorium is lifted or within one year after the property owner has had a period of not less than five years from the date of final permitting of an on-lot system, where the moratorium was lifted less than five years after such final permitting, the property owner shall cause the on-lot system to be removed in accordance with applicable regulations, and such owner shall connect the property to the Authority's sewer system, such connection to be completed within the applicable one-year period.
Any owner subject to this section who elects to install an on-site septic system shall do so in accordance with applicable statutes and ordinances.
At the time such owners are required to connect to the Authority's sewer system, such owners shall permanently discontinue discharging into any on-lot system and shall disable and remove such on-lot system in accordance with applicable statutes and regulations.
[Adopted 5-5-1975 by Ord. No. 2-1975; amended in its entirety 8-5-2013 by Ord. No. 4-2013]
Short title. This article shall be known and may be cited as "An Ordinance Providing for a Sewage Management Program for the Borough of Mount Pocono."
Introduction. In accordance with municipal codes, 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"), it is the power and the duty of the Borough of Mount Pocono 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 Official Sewage Facilities Plan for the Borough of Mount Pocono indicates 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.
Purpose. 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 a sewage management program.
Terms defined. As used in this article, the following terms shall have the meanings indicated:
- The Borough of Mount Pocono, Monroe County, Pennsylvania.
- BOROUGH COUNCIL
- The Borough Council of the Borough of Mount Pocono, Monroe County, Pennsylvania.
- CERTIFIED INSPECTOR
- A person meeting the requirements of the Borough who is approved by the Borough Council to conduct the initial inspection of an on-lot sewage disposal system and report the findings to the Sewage Enforcement Officer in accord with § 162-32D.
- COMMUNITY SEWAGE SYSTEM
- 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 Borough Council of the Borough of Mount Pocono, Monroe, County, Pennsylvania.
- The Department of Environmental Protection of the commonwealth of Pennsylvania (DEP).
- INDIVIDUAL SEWAGE SYSTEM
- 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 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 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.
- OFFICIAL SEWAGE FACILITIES PLAN
- A comprehensive plan for the provision of adequate sewage disposal systems, adopted by the Borough Council and approved by the Pennsylvania Department of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities Act.
- ON-LOT SEWAGE DISPOSAL SYSTEM
- 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, community sewage systems and any on-lot system listed in Attachment A.
- 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; any noxious or deleterious substances being harmful to the public health, 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.
- SEWAGE ENFORCEMENT OFFICE (SEO)
- A person certified by DEP who is employed by the Borough of Mount Pocono. 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, the rules and regulations promulgated hereunder and this article or any other ordinance adopted by the Borough of Mount Pocono.
- SEWAGE MANAGEMENT DISTRICT
- Any area or areas of the Borough of Mount Pocono designated in the Official Sewage Facilities Plan adopted by the Council as an area for which a sewage management program is to be implemented.
- SEWAGE MANAGEMENT PROGRAM
- 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 hereunder and such other requirements adopted by the Council 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.
Terms not defined. 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 regulations promulgated thereto.
From the effective date of this article, its provisions shall apply in any portion of the Borough 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.
The Council shall by resolution appoint a Sewage Enforcement Officer, who shall be an individual certified by the state board for certification of sewage enforcement officers. Such officer shall serve at the pleasure of the Council and shall have the authority to grant or deny permits for the construction or alteration of an individual sewage system or community sewage system. DEP shall be notified as to the identity of each Sewage Enforcement Officer employed by the Borough.
Permit required. 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 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 (35 P.S. §§ 691.1 to 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and the regulations adopted pursuant to those acts.
Approval to cover system. 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 Office 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.
Inspection schedule. Applicants for sewage permits shall be required to 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.
New building. No zoning, building or occupancy permit shall be issued for a new building that will contain a toilet, lavatory, shower, bathtub, sink, washing machine, drain or any other facility that will produce or discharge sewage, as defined in § 160-28, until a valid sewage permit has been obtained.
Alteration or conversion of building. No zoning, building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion 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 officials of the Borough 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 alteration or conversion of the structure will result in increased sewage flows.
Permit issuance. Sewage permits may be issued only by a Sewage Enforcement Officer employed by the Borough.
Inspections authorized. Any existing on-lot sewage disposal system may be inspected by the Sewage Enforcement Officer at any reasonable time.
Inspection procedure. Such inspection may include a physical tour of the property; the taking of samples from surface water, wells or 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.
Right to enter. The Sewage Enforcement Officer shall have the right to enter upon land for the purposes of inspections authorized by this § 160-32.
Initial and routine inspections and report.
Inspection by Borough. An initial inspection shall be conducted by the Sewage Enforcement Officer within three years of the effective date of this article for the purpose of determining the type and functional status of each sewage disposal system in the sewage management district.
Inspection by certified inspector. In lieu of the Borough inspection, the property owner may retain a certified inspector to conduct the required inspection, and a report of the findings shall be submitted to the Sewage Enforcement Officer on the form provided by the Borough within three years of the effective date of this article.
Report. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the Borough records.
Routine inspections. A schedule of routine inspections may be required by the Sewage Enforcement Officer established to assure the proper functioning of the sewage systems in the sewage management district.
Malfunctioning systems. The Sewage Enforcement Officer shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Sewage Enforcement Officer shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of DEP, including, but not limited to, those outlined in Chapter 73 of Title 25 of the Pennsylvania Code, or is not technically or financially feasible in the opinion of the Sewage Enforcement Officer and a representative of DEP, then action by the property owner to mitigate the malfunction shall be required.
Area-wide malfunctioning systems. If numerous on-lot sewage disposal systems are malfunctioning in a specific geographic area, 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. If a DEP-authorized Official Sewage Facilities Plan Revision has been undertaken, 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 will be compelled whenever a malfunction, as determined by Borough officials and/or DEP, represents a serious public health or environmental threat.
Domestic wastes. Only normal domestic wastes shall be discharged into any on-lot sewage disposal system.
Discharge prohibition. The following shall not be discharged into the system.
Vehicle oil and other oil not intended for human consumption.
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.
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
Tank pumping required. 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 within three years of the effective date of this article. Thereafter that person shall have the tank pumped at least once every three years 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. Receipts from the pumper/hauler shall be submitted to the Borough within 30 days of when the system is pumped.
Increased pumping frequency. The required pumping frequency may be increased at the discretion of the Sewage Enforcement Officer 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.
Pumping receipt. Any person owning a property served by a septic tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the Borough, 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 the necessary repair.
Aerobic tanks. 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 Borough within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Borough 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.
Additional maintenance. Additional maintenance 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.
Maintenance agreements. Maintenance agreements which may already be in place or added at any time after this article is approved shall be followed unless the maintenance agreement is less stringent than this article. If the maintenance agreement is less stringent than this article, then the requirements of this article shall take precedence.
Malfunctions prohibited. 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.
Notice. 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 sewage without a permit.
Application required. Within seven days of notification by the Borough that a malfunction has been identified, the property owner shall make application to the Sewage Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Borough, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Borough, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Borough shall set an extended completion date.
Authority to require repair. A Sewage Enforcement Officer shall have the authority to require the repair 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 areas, 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.
Water conservation requirement. 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.
Alternative system requirement. 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 the Borough for a permit to install an individual spray irrigation treatment system or to DEP for a single-residence treatment and discharge system. Upon receipt of said permit the owner shall complete construction of the system within 30 days.
Necessary action. 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 Borough Council may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
The Borough Council, upon written notice from a Sewage Enforcement Officer that an imminent health hazard exists due to the failure of the 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. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefor in accordance with law.
Disposal required. All septage 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.) and all other applicable laws and at sites or facilities approved by DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.
Operating requirements. Pumper/haulers of septage 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 to 6018.1003) and all other applicable laws.
Enforcement. The Borough Council shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
Personnel. The Borough Council shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a Sewage Enforcement Officer and may include an administrator and such other persons as may be necessary. The Borough Council may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
Records. All permits, records, reports, files and other written materials 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 Borough. Existing and future records shall be available for public inspection during regular business hours at the official office of the Borough of Mount Pocono. 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.
Administrative procedures. The Borough Council shall establish all administrative procedures necessary to properly carry out the provisions of this article.
Fees. The Borough Council may establish a fee schedule and authorize the collection of fees to cover the cost to the Borough of administering this program.
Service of notice. Whenever the Sewage Enforcement Officer determines that a violation of this article exists, the Sewage Enforcement Officer shall prepare a written notice to be served on the owner and/or occupant(s) of the premises on which the violation is located or originates. The written notice shall be served by one or more of the following methods:
Content of notice.
The notice shall enumerate the conditions which constitute the violation and what action is required to abate the violation.
The notice shall include a time frame for the abatement of the violation, with such time frame established by the Sewage Enforcement Officer based upon the nature of the violation and providing a reasonable period for the violator to take the required action. In certain cases, immediate correction may be required.
Appeal period. Appeals from final decisions of the Borough Council or any of its authorized agents under this article shall be made to the Borough Council in writing within 30 days from the date of written notification of the decision in question.
Hearing. The appellant shall be entitled to a hearing before the Borough Council 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 less than 14 days before the next regularly scheduled meeting, the appeal shall be heard at the meeting following the next regularly scheduled meeting. The municipality shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Borough. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.
Decision. A decision shall be rendered in writing within 30 days of the date of the hearing.
Compliance. Failure to comply with any provision of this article and/or failure to comply with an order to abate a violation shall be violations of this article.
Costs. All costs associated with the abatement of the violation shall be borne by the owner of the premises upon which the violation is located or originates.
Any person who has violated or permitted the violation of any of the provisions of this article shall, upon being found liable for such violation in a civil enforcement proceeding, pay a fine of not less than $100, but not more than $600, plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. Each day that a violation continues shall constitute a separate violation. All fines, costs and reasonable attorneys' fees collected for the violation of this article shall be paid over to the Borough. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the rules of civil procedure.
All ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
If any section or clause of this article shall be adjudged invalid, such adjudication shall not affect the validity of the remaining provisions, which shall be deemed severable therefrom.