[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.
The extension from the sewage drainage system of any structure
to the lateral of a sewer.
The commonwealth of Pennsylvania.
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.
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.
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.
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.
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.
A.
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.
B.
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:
A.
Such person shall have notified the Secretary of this
Borough of the desire and intention to connect such improved property
to a sewer;
C.
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
D.
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.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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."
B.
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.
C.
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.
A.
BOROUGH
BOROUGH COUNCIL
CERTIFIED INSPECTOR
COMMUNITY SEWAGE SYSTEM
COUNCIL
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICE (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
The Borough of Mount Pocono, Monroe County, Pennsylvania.
The Borough Council of the Borough of Mount Pocono, Monroe
County, Pennsylvania.
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.
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).
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.
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.[1]
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.[2]
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.[3]
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.
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.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Permit issuance. Sewage permits may be issued only by a Sewage Enforcement
Officer employed by the Borough.
A.
Inspections authorized. Any existing on-lot sewage disposal system
may be inspected by the Sewage Enforcement Officer at any reasonable
time.
B.
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.
C.
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.
D.
Initial and routine inspections and report.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
E.
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.
F.
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.
A.
Domestic wastes. Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system.
B.
Discharge prohibition. The following shall not be discharged into
the system.
(1)
Industrial waste.
(2)
Vehicle oil and other oil not intended for human consumption.
(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)
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
A.
Enforcement. The Borough Council shall fully utilize those powers
it possesses through enabling statutes and ordinances to effect the
purposes of this article.
B.
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.
C.
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.
D.
Administrative procedures. The Borough Council shall establish all
administrative procedures necessary to properly carry out the provisions
of this article.
E.
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.
A.
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:
B.
Content of notice.
(1)
The notice shall enumerate the conditions which constitute the violation
and what action is required to abate the violation.
(2)
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.
A.
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.
B.
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.
C.
Decision. A decision shall be rendered in writing within 30 days
of the date of the hearing.
A.
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.
B.
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.
