[Adopted 11-3-1997 by Ord. No. HR-264]
A.
This article shall be known and may be cited as "An
Ordinance Providing for a Sewage Management Program for Tredyffrin
Township."
B.
In accordance with municipal codes, the Clean Streams
Law (Act of June 27, 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 37"), it is the
power and the duty of Tredyffrin Township 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 Tredyffrin Township 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.
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.
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
COUNTY
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
A Sewage Enforcement Officer, employee of the Township, professional
engineer, plumbing inspector or any other qualified or licensed person
who is authorized to function within specified limits as an agent
of Tredyffrin Township to administer or enforce the provisions of
this article.
The Board of Supervisors, Tredyffrin Township, Chester County,
Pennsylvania.
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.
Chester 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 into the surface of the ground, into groundwaters
of this commonwealth, 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 Board 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 and community sewerage systems.
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
and any noxious or deleterious substances being harmful or inimical
to the public health or to animal or aquatic life or 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.
[2]A person certified by DEP who is employed by the county.
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,[3] the rules and regulations promulgated thereunder and this
article or any other ordinance adopted by the county.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board 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,[4] the Clean Streams Law,[5] the regulations promulgated thereunder and such other
requirements adopted by the Board to effectively enforce and administer
this article.
The division of 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.
The Township of Tredyffrin, Chester County, Pennsylvania.
From the effective date of this article, its
provisions shall apply in any portion of the Township identified in
the Official Sewage Facilities Plan as a sewage management district.
If no such area is specifically identified, this article shall be
applicable to the entire Township. 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 persons installing
or rehabilitating on-lot sewage disposal systems.
A.
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[1] and the Pennsylvania Sewage Facilities Act[2] and the regulations adopted pursuant to those Acts.
B.
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 Officer 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.
Applicants for sewage permits may 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[3] may be scheduled and performed by a Sewage Enforcement
Officer.
[3]
Editor's Note: See 35 P.S. § 750.1
et seq.
D.
No building or occupancy permit shall be issued for
a new building which will contain sewage generating facilities until
a valid sewage permit has been obtained from a Sewage Enforcement
Officer.
E.
No 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 Township 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.
Sewage permit may be issued only by a Sewage Enforcement
Officer employed by the county.
A.
Any on-lot sewage disposal system may be inspected
by an authorized agent at any reasonable time as of the effective
date of this article.
B.
Such inspection may include a physical tour of the
property, the taking of samples from surface water, wells, 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.
An authorized agent shall have the right to enter
upon land for the purposes of inspections described in this section.
D.
An initial inspection may be conducted by an authorized
agent within one year 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. If generated, a
written report will be furnished to the owner of each property inspected
and a copy of said report will be maintained in the Township records.
E.
A schedule of routine inspections may be established
to assure the proper functioning of the sewage systems in the sewage
management district.
F.
An authorized agent shall inspect systems known to
be or alleged to be malfunctioning. Should said inspections reveal
that the system is indeed malfunctioning, the authorized agent 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 authorized agent and a representative of DEP, then
action by the property owner to mitigate the malfunction shall be
required.
G.
There may arise geographic areas where numerous on-lot
sewage disposal system are malfunctioning. 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. When a DEP authorized Official Sewage Facilities Plan
Revision has been undertaken, mandatory 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 may be compelled whenever
a malfunction, as determined by the SEO and/or the Department, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
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.
D.
Clean surface water or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and french
drains.
A.
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 or whenever an inspection by
a qualified pumper/hauler or an authorized agent reveals that the
septic tank is filled with solids or with scum in excess of 1/3 of
the liquid depth of the tank. 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 Township within the prescribed pumping periods.
B.
The required pumping frequency may be increased at
the discretion of an authorized agent 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. If any person can prove that such person's
septic tank had been pumped within three years of the six-month anniversary
of the effective date of this article, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement except where an inspection reveals a need for
more frequent pumping frequencies.
C.
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 Township, 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.
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 Township. Thereafter, service
receipts shall be submitted to the Township 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.
Any person owning a building served by a cesspool
or dry well in an area of numerous malfunctions or in an area where
a repair is not technically feasible shall have that system pumped
according to the schedule prescribed for septic tanks to mitigate
potential pollution. As an alternative to this scheduled pumping of
the cesspool or dry well and pending any scheduled replacement of
the substandard system as identified in the Official Sewage Facilities
Plan, the owner may apply for a sewage permit from a Sewage Enforcement
Officer for a septic tank to be installed preceding the cesspool or
dry well. For this interim repair system consisting of a cesspool
or dry well preceded by an approved septic tank, only the septic tank
must be pumped at the prescribed interval.
F.
Additional maintenance activity 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.
A.
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.
A written notice of violation shall be issued by the
SEO 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.
Within seven days of notification by the SEO 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 SEO, construction of the permitted repair or replacement shall
commence. Within 60 days of the original notification by the SEO,
the construction shall be completed unless seasonal or unique conditions
mandate a longer period, in which case the SEO shall set an extended
completion date.
D.
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 area, 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.
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.
G.
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 Township may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
necessary.
The Township, upon written notice from a Sewage
Enforcement Officer that an imminent health hazard exists due to failure
of a property owner to maintain, repair or replace an on-lot sewage
disposed 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
therefore in accordance with law.
A.
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.
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, P.S. §§ 6018.101 through 6018.1003) and all
other applicable laws.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.
The Township shall employ qualified individuals to
carry out the provisions of this article. Those employees shall include
an administrator and may include such other persons as may be necessary.
The Township may also contract with private qualified persons or firms
as necessary to carry out the provisions of this article. The Sewage
Enforcement Officer shall be an employee of Chester County.
C.
All permits, records, reports, files and other written
material 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 Township.
Existing and future records shall be available for public inspection
during regular business hours at the official office of the Township.
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 the Pennsylvania Department of Environmental Protection.
D.
The Township Board shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
E.
The Township Board may establish a fee schedule and
authorize the collection of fees to cover the cost of the Township
of administering this program.
A.
Appeals from final decisions of the Township or any
of its authorized agents under this article shall be made to the Board
of Supervisors, in writing, within 30 days from the date of written
notification of the decision in question.
B.
The appellant shall be entitled to a hearing before
the Board of Supervisors 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 within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at 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 Township. Additional evidence may be
introduced at the hearing provided that it is submitted with the written
notice of appeal.
C.
A decision shall be rendered in writing within 30
days of the date of the hearing.
Any person who violates or permits a violation
of this article, upon being found liable therefor in a civil enforcement
proceeding, shall pay a fine of not more than $600, plus all court
costs, including reasonable attorney's fees, incurred by the Township
in the enforcement of this article. No judgment shall be imposed until
the date of the determination of the violation by the District Justice
and/or Court. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.