[Adopted 6-7-1994 by Ord. No. 105]
A. 
This article shall be known and may be cited as "An Ordinance Providing for a Sewage Management Program for East Goshen 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 537"), specifically Title 25, Chapter 71, Section 71.71, it is the power and the duty of East Goshen Township to provide for adequate sewage treatment facilities and for the protection of the public health by prohibiting the discharge of untreated or inadequately treated sewage. The official Sewage Facilities Plan for East Goshen Township states 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 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.
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
The Township Zoning Officer, 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 East Goshen Township to administer or enforce the provisions of this article.
[Amended 7-11-1995 by Ord. No. 105-A]
BOARD
The Board of Supervisors of East Goshen Township, Chester County, Pennsylvania.
COMMUNITY ON-LOT SEWAGE SYSTEM (COLDS)
Any system, whether publicly or privately owned, for the collection of sewage of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage on one or more of the lots or at any other location for final disposal in whole or in part into the soil. This includes land application by spray irrigation.
CONSTRUCTION ESCROW
A financial escrow required to guarantee completion of the construction and installation of a regulated system pursuant to § 188-21L(2) of this article.
[Added 6-3-2008 by Ord. No. 129-C-08]
DEPARTMENT
The Commonwealth of Pennsylvania Department of Environmental Protection.
[Added 6-3-2008 by Ord. No. 129-C-08]
LOT
A parcel of land, the land area of which is contiguous and undivided by a street and which conforms to the provisions of Chapter 205, Subdivision and Land Development, and Chapter 240, Zoning, and any other Township ordinances, codes, regulations, plans and maps, or any other parcel or tract of land whether or not improved.
MAINTENANCE ESCROW
A financial escrow required to provide for the maintenance of a regulated facility pursuant to § 188-21L(4) of this article.
[Added 6-3-2008 by Ord. No. 129-C-08]
MALFUNCTION
A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth and into surface waters of this commonwealth; backs up into a building connected to the system; in any manner causes a nuisance or hazard to the public health; causes pollution of groundwater or surface water; or causes 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.
ON-LOT SEWAGE SYSTEM
A system of piping, treatment tanks or other facilities serving a single lot and collecting, treating and disposing of sewage into a subsurface absorption area or spray irrigation system.
PERSON
Any individual, partnership, corporation or other legal entity.
REGULATED PARTY
The owner, operator or permittee of a regulated system.
[Added 6-3-2008 by Ord. No. 129-C-08]
REGULATED SYSTEM or REGULATED FACILITY
Any non-Township-owned or -operated sewage collection, conveyance and/or treatment facility, COLDS, public sewerage facility, treatment tank or retaining tank permitted by the Department and/or the Chester County Health Department.
[Added 6-3-2008 by Ord. No. 129-C-08]
RETAINING TANK (also called a "holding tank")
A watertight receptacle which receives and retains sewage and is designed and constructed to hold sewage pending the ultimate disposal of the sewage at another site.
SEWAGE
Any substance that contains any of the waste products, 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 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 OFFICER
The Chester County Health Department.
TOWNSHIP
East Goshen Township, Chester County, Pennsylvania.
TREATMENT TANK
A watertight receptacle which receives the discharge of sewage from a house or building sewer line and is designed and constructed so as to permit settling of settleable solids from the liquid digestion of the organic matter by detention and discharge of the liquid portion into a distribution system or pit for underground dispersion or elevated sand mound, individual spray irrigation. Treatment tanks include septic tanks, cesspools, aerobic units and the like.
A. 
The requirements of this article shall be effective throughout the municipal limits of East Goshen Township, Chester County, Pennsylvania.
B. 
Operation and maintenance.
(1) 
The operation, maintenance and repair of an individual on-lot sewage system shall be the responsibility of the lot owner; provided, however, that maintenance and repair shall be subject to the continuing surveillance and inspection by the Township, its authorized agent and/or the Sewage Enforcement Officer.
(2) 
It shall be the responsibility of the owner of a lot which utilizes an on lot sewage disposal system to have it pumped in accordance with the schedule set forth in § 188-21 and to make such other repairs or replacements as are necessary to prevent the malfunctioning of the system.
(3) 
The construction, repair and/or replacement of individual on-lot disposal systems shall be subject to the issuance of appropriate permits by the Chester County Health Department.
[Amended 7-11-1995 by Ord. No. 105-A]
A. 
Treatment tank systems. The owner of a lot which uses a treatment tank system must have the tank(s) pumped and the contents disposed of at a licensed sewage disposal facility at least once every three years by a Chester County Health Department licensed septic tank contractor. Every owner of a treatment tank system shall submit proof of the required pumping and disposal to the Township Zoning Officer in the form of a receipted bill issued by the contractor or such other proof as shall be acceptable to said officer. Such proof shall be submitted to the Township Zoning Officer demonstrating pumping and disposal of the system's contents within the preceding twelve-month period at least once every three years. The owner of a system installed after the effective date of this article shall henceforth pump his system in accordance with the schedule established by the Township.
[Amended 12-1-1998 by Ord. No. 129]
B. 
Retaining tanks. The owner of a lot utilizing a retaining tank(s) or a sewage treatment system designated or operated as a retaining tank on the effective date of this article shall enter into a written contract with a Chester County Health Department licensed septic tank contractor requiring periodic pumping and disposal of the tank's contents in accordance with the schedule required by the permit which authorized the installation and use of the retaining tank system. A copy of the contract shall be filed by the owner with the Township Zoning Officer annually and shall be in effect and valid for a period of at least one year. The owner of a system installed after the effective date of this article shall submit the required contract to the Township Zoning Officer within one year of the installation and annually thereafter.
[Amended 12-1-1998 by Ord. No. 129]
C. 
Stream discharge systems. The owner of a lot on which a stream discharge sewage system approved and permitted by the Pennsylvania Department of Environmental Protection (PADEP) has been installed shall register the system with the Township within 90 days following the effective date of this article by filing a copy of the current PADEP permit, together with any other information required by the Zoning Enforcement Officer to verify the current validity of the permit and copies of any tests verifying the system's operational integrity performed during the 12 months immediately preceding the registration. The owner of a system installed after the effective date of this article shall register the system with the Township within 90 days of such installation. The Zoning Officer or other authorized agent shall arrange for periodic inspections by the Sewage Enforcement Officer as required.
D. 
Community on-lot disposal system (COLDS). The Township's Official Wastewater Facilities (Act 537) Plan, as well as the Township's Code of Ordinances, Chapters 205 and 240, require that community sewage facilities that would be operated and maintained by a nonmunicipal entity be the subject of a written agreement with the Township. The operator(s) of any COLDS system shall submit regular reports to the Township. Reports shall be in the Department format for waste management (Chapter 94) and discharge management report.
[Amended 3-18-2008 by Ord. No. 129-A-08; 6-3-2008 by Ord. No. 129-C-08[1]]
(1) 
Operator's reports. Contemporaneously with the submission of any periodic, interim or special report to any authority regulating the connection to or use, maintenance, repair or operation of any regulated system rendering service to any land, building or unit of use in East Goshen Township (and only to the extent thereof within the Township), the regulated parties with regard to that regulated system shall submit a true and correct copy thereof to the Township.
(2) 
Initial report. Within 30 days after the effective date of this article, the regulated parties of a regulated system shall submit to East Goshen Township an initial report stating thereon the following information:
(a) 
The names, addresses, and business and emergency telephone numbers of the owners and the person(s) responsible for operating the regulated system within the Township.
(b) 
The type of regulated system, its permit number as issued by any regulating entity and the dates of issuance and expiration of any such permit.
(c) 
The quantitative effluent standards for the regulated system and the committed and reserved capacity of the system.
(d) 
Whether the regulated system is in any manner out of compliance with the terms of its permit.
(e) 
The name and address of each user connected to the regulated system and the average daily usage by each user.
(f) 
Such other information as the authorized agent may reasonably require to assist in the administration of this article.
(3) 
Change notices. Upon the occurrence of any event making any portion of the initial report, as previously modified by change notices filed, inaccurate, the regulated parties shall, within five days after the occurrence thereof, file with the Township a change notice identifying the regulated system, the regulated parties and the relevant facts constituting the change. Such changes requiring reporting include but are not limited to:
(a) 
A change in the identity of any regulated party.
(b) 
A change in the permit authorizing the operation of the regulated system.
(c) 
A change in the occupant of any unit of use. This provision shall not be applicable to single-family dwellings connected to the regulated system.
(d) 
Any expansion, change in activity or change in committed flow of any unit of use.
(e) 
Any notice of violations or occurrence of any violation of the permit issued.
(f) 
The connection of any new unit of use.
(g) 
The disconnection or termination of connection or termination of activity of any unit of use. Each change notice shall contain thereon the permitted capacity of the regulated system, the current flow, the anticipated new flow generated by the change and the amount of unused capacity remaining (both planned and actual).
(h) 
The exceeding of allocated capacity of any unit of use.
[1]
Editor's Note: This ordinance also amended the title of § 188-21.
E. 
Private sewage collection, conveyance and treatment facility. The regulated party with regard to any private sewage collection, conveyance and treatment facilities shall submit regular reports to the Township. Reports shall be in the Department format for waste management (Chapter 94) and discharge management report.
[Added 6-3-2008 by Ord. No. 129-C-08[2]]
(1) 
Operator's reports. Contemporaneously with the submission of any periodic, interim or special report to any authority regulating the connection to or use, maintenance, repair or operation of any regulated system rendering service to any land, building or unit of use in East Goshen Township (and only to the extent thereof within the Township), the regulated parties with regard to that regulated system shall submit a true and correct copy thereof to the Township.
(2) 
Initial report. Within 30 days after the effective date of this Subsection E, the regulated parties of a private sewer collection, conveyance and/or treatment facility shall submit to East Goshen Township an initial report stating thereon the following information:
(a) 
The names, addresses, and business and emergency telephone numbers of the owners and the person(s) responsible for operating the regulated system within the Township.
(b) 
The type of regulated system, its permit number as issued by any regulating entity and the dates of issuance and expiration of any such permit.
(c) 
The quantitative effluent standards for the regulated system and the committed and reserved capacity of the system.
(d) 
Whether the regulated system is in any manner out of compliance with the terms of its permit.
(e) 
The name and address of each user connected to the regulated system and the average daily usage by each user.
(f) 
Such other information as the authorized agent may reasonably require to assist in the administration of this article.
(3) 
Change notices. Upon the occurrence of any event making any portion of the initial report, as previously modified by change notices filed, inaccurate, the regulated parties shall, within five days after the occurrence thereof, file with the Township a change notice identifying the regulated system, the regulated parties and the relevant facts constituting the change. Such changes requiring reporting include but are not limited to:
(a) 
A change in the identity of any regulated party.
(b) 
A change in the permit authorizing the operation of the regulated system.
(c) 
A change in the occupant of any unit of use. This provision shall not be applicable to single-family dwellings connected to the regulated system.
(d) 
Any expansion, change in activity or change in committed flow of any unit of use.
(e) 
Any notice of violations or occurrence of any violation of the permit issued.
(f) 
The connection of any new unit of use.
(g) 
The disconnection or termination of connection or termination of activity of any unit of use. Each change notice shall contain thereon the permitted capacity of the regulated system, the current flow, the anticipated new flow generated by the change and the amount of unused capacity remaining (both planned and actual).
(h) 
The exceeding of allocated capacity of any unit of use.
[2]
Editor's Note: This ordinance also provided for the redesignation of former Subsections E through H as Subsections F through I, respectively. Former Subsections I, Allocation notice, and J, Violations, added 3-18-2008 by Ord. No. 129-A-08, were repealed 6-3-2008 by Ord. No. 129-C-08.
F. 
Compliance. Failure to comply with the provisions of Subsections A through E shall constitute a violation of this article, subjecting the owner of the property on which the system is installed to the enforcement and penalty provisions of §§ 188-23 and 188-24.
[Amended 6-3-2008 by Ord. No. 129-C-08]
G. 
Change of ownership. Prior to the conveyance of any lot which is subject to the provisions of this article, the sewage system installed on such lot shall be pumped and its contents disposed of as required by this section unless the owner has filed with the Township a receipt issued by a licensed septic tank contractor proving that the system was pumped out within the immediately preceding six-month period. Following any conveyance of the lot, the owner shall be subject to the provisions of this article.
H. 
Classification. If the type of on-lot sewage system is unknown, it shall be classified as a cesspool.
I. 
Promulgation of regulations and required proof. In addition to the requirements specified in this section, the Board may, by resolution, promulgate such forms and regulations for the administration and enforcement of this article as it shall determine necessary. Failure of a lot owner to receive or secure any required form shall not constitute a defense to the enforcement or penalty provisions of this article.
J. 
Allocation notice. When any new unit of use is connected to a regulated system or any new occupant, whether by sale, lease, license or change of use within a unit of use, occurs (other than in single-family dwellings connected to a regulated system), a change notice shall be filed with the Township, and the sewage flow allocation applicable to that unit of use shall be included in the agreement of sale, deed, lease or other document permitting such occupancy thereof or use therein, and written verification thereof (in the form of a copy of the document) shall be provided to the Township within 10 days of the change in occupant or use.
[Added 6-3-2008 by Ord. No. 129-C-08]
K. 
Violations. It shall be unlawful for any owner, tenant, licensee, builder, developer or any other entity or person or any regulated party (hereinafter collectively called "users"):
[Added 6-3-2008 by Ord. No. 129-C-08]
(1) 
To connect any unit of use as herein defined to a regulated system without a connection certificate being first issued to that user by the authorized agent.
(2) 
To change or expand the use of any unit of use or change the identity of the user without first obtaining a connection certificate from the authorized agent.
(3) 
To cause to suffer to be discharged from the unit of use into the regulated system any substance not meeting the qualitative parameters of the permit issued for the regulated system. Where the permit limit is stated in a total amount rather than in an amount per gallon or similar ratio, the limit for each unit of use shall be the total permitted discharge of the regulated substance as set forth in the permit times the percentage of total licensed capacity (whether or not allocated to units of use) allocated under the connection certificate to that unit of use.
(4) 
To misstate or omit any relevant fact on an application for a connection certificate.
(5) 
To discharge stormwater or basement or other similar accumulations of water into the regulated system.
(6) 
To cause or suffer any connection to the regulated system to bypass in whole or in part the flow into the collection system.
(7) 
To misstate or withhold any relevant fact on any report required to be filed with the Township pursuant to this article.
(8) 
To modify any regulated system without all regulatory permits being first had and obtained.
(9) 
To willfully or negligently damage any regulated system while any unit of use is connected thereto or to permit the connection or continued use of any regulated system by any unit of use while the regulated system is damaged in a manner making it a violation of the regulatory permits to continue such use.
(10) 
To fail to file, at or prior to the time required for such filing, any report required to be filed under the terms of this article.
(11) 
To do or suffer to be done any other act in violation of this article or fail to perform any duty imposed by the terms of this article as and when required.
(12) 
To fail to file any report required hereunder or to do or refrain from doing any act herein required or prohibited by a regulated party. This shall be deemed a violation as to all regulated parties, and their respective liabilities shall be joint and several.
L. 
All work on any regulated system commenced on or after the effective date of this Subsection L for which a permit, license or other permission is required from the Department, the Sewer Enforcement Officer, the Township or any other governmental or quasi-governmental agency, authority, board or commission shall comply with the following criteria:
[Added 6-3-2008 by Ord. No. 129-C-08]
(1) 
Prior to the issuance of any such permit, license or other permission, the regulated party shall enter with the Township into an operation and maintenance agreement in the form attached to this article as Appendix A[3] and shall grant to the Township any and all easements and/or rights-of-way as may be necessary to allow the Township to enforce this article together with acknowledgment of the Township's right to assume ownership and/or operational control of the regulated facility in order for the Township to comply with the Township's obligations under applicable law.
[3]
Editor's Note: Appendix A is on file in the Township offices.
(2) 
Simultaneously with the execution and delivery of the operation and maintenance agreement pursuant to § 188-21L(1) of this article the regulated party shall deliver to the Township a construction escrow in the form as may be permitted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and in an amount equal to 110% of the estimated construction costs of the regulated system (together with a reserve of 10% thereof for the costs of inspection pursuant to § 188-21L(3) of this article) as stated by a professional engineer licensed as such by the Commonwealth of Pennsylvania and approved by the Township Engineer. The construction escrow shall be held by the Township until such time as construction of the regulated facility shall be completed to the satisfaction of the Township pursuant to § 188-21L(3) of this article.
(3) 
During construction of the regulated facility or any portion thereof (or, with regard to a regulated facility existing or operating as of the effective date of this Subsection L, during any repair, maintenance or replacement thereof), the Township shall make any and all necessary inspections of the regulated facility as the Township shall determine to be necessary in addition to those inspections required by the Department and/or the Chester County Health Department. Upon completion of construction, repair, maintenance or replacement of the regulated facility, as applicable, the Township shall be provided with written certification from the Department and/or the Chester County Health Department (as applicable) that the regulated facility was constructed, repaired, maintained or replaced in compliance with the permit(s) previously issued for the regulated facility by that agency or those agencies.
(4) 
Prior, and as a condition precedent, to release by the Township of the construction escrow required pursuant to § 118-21L(2) of this article, the regulated party shall post with the Township a maintenance escrow in the form as may be permitted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code and in an amount equal to 15% of the actual final cost of the regulated facility, which such maintenance escrow shall remain in place for a period of not less than 18 months following release of the construction escrow. The maintenance escrow may be used by the Township in the exercise of its powers pursuant to § 118-23A of this article. In the event that the Township shall draw against the maintenance escrow, the regulated party shall replenish the maintenance escrow within 30 days of the date of written demand for the same from the Township. Any interest earned on the maintenance escrow shall be credited to the maintenance escrow and, upon the expiration of the maintenance escrow, any unpaid interest and principal remaining in the maintenance escrow shall be released to the regulated party.
(5) 
The regulated party shall maintain in place during the life of the regulated system separate contracts with separate companies acceptable to the Department, the Chester County Health Department or the Township pursuant to which those companies shall, as applicable, be responsible for:
(a) 
Having a professional engineer licensed as such by the Commonwealth of Pennsylvania and familiar with the regulated facility inspect the regulated facility on at least an annual basis to ensure that the regulated facility is then functioning in accordance with the permit for the same and this article; and
(b) 
The long-term repair and maintenance of the regulated system.
M. 
(Reserved)
N. 
The regulated party of any regulated facility shall submit to the Township quarterly reports during the first two years of operation of the regulated facility (or for the first two years following the effective date of this Subsection N, whichever is later) and thereafter shall submit to the Township semiannual reports, in all cases authored by a professional engineer licensed as such by the Commonwealth of Pennsylvania and bearing the seal of such engineer, and pursuant to which the regulated party shall confirm the compliance of the regulated facility with this article.
When the Township becomes aware of a violations of this article or County Health Department regulations, it shall be reported to the Chester County Health Department and become subject to their rules and regulations.
[Amended 7-11-1995 by Ord. No. 105-A]
A. 
In the event of violation of the terms of this article with regard to a regulated facility or if ordered to do so by the Department, then, subject always to applicable law, the Township may, but shall not be obligated to (unless so ordered by the Department), enter onto the real property(ies) on which the regulated facility is located and assume operational control of the regulated facility and make all necessary maintenance or repairs to bring the regulated facility into compliance with this article and applicable Department regulations. The Township may assess the costs of such control, maintenance or repairs against the regulated party or the owner(s) of the real property(ies) on which the regulated facility is located and may recover the same in the manner provided by law for the imposition of and collection upon municipal liens.
[Added 6-3-2008 by Ord. No. 129-C-08[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections A and B as Subsections B and C.
B. 
The Township Zoning Officer shall have the power and authority to determine all issues relating to compliance with the provisions of this article and to bring and prosecute in the name of the Township enforcement and penalty proceedings for violations of its provisions.
C. 
Appeals from the Zoning Officer's determinations or interpretations of the provisions of this article shall be taken to the Board within 30 days from the date of such determination or interpretation. Appeals shall be heard and determined in accordance with the provisions of the Local Agency Law. The Board may request documentation and consult with the Township Engineer or other competent authorities as it determines necessary for a just resolution of the appeal, and may impose the reasonable costs thereof upon the appellant; provided, however, that the Board shall have no jurisdiction to hear or determine any appeal from the action of the Zoning Officer in prosecuting a violation of this article in a summary proceeding before a District Justice.
[Amended 7-11-1995 by Ord. No. 105-A; 5-7-1996 by Ord. No. 112; 12-1-1998 by Ord. No. 129; 3-18-2008 by Ord. No. 129-A-08; 6-3-2008 by Ord. No. 129-C-08]
Any person who violates or permits the violation of any provision of this article shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section of this article violated shall constitute a separate offense, and each day or portion thereof in which a violation of this article is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
The Board of Supervisors shall, by resolution, adopt a fee schedule for the administration of this article. Said schedule shall be kept on file by the Township Secretary and shall be reviewed and revised as necessary.[1]
[1]
Editor's Note: The sewage pumping confirmation form, which immediately followed this section, is on file in the Township offices.