[Adopted 4-18-2006 by Ord. No. 194-04-2006]
This article shall be known as the "North Codorus
Township On-Lot Management Ordinance."
A.
Introduction.
(1)
Municipalities have an obligation to provide for adequate
sewage treatment facilities and protection of the public health by
preventing the discharge of untreated or inadequately treated sewage
as mandated by municipal codes, the Clean Streams Law (35 P.S. § 691.1001)
and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.).
(2)
The North Codorus Township Act 537 Official Wastewater
Facilities Plan has evaluated the need to provide adequate sewage
facilities and has found the formation of an on-lot management program
to be an effective method of preventing and abating water pollution
and hazards to the public health.
B.
Purposes. The purposes of this article are:
(1)
To bring and keep the municipality within the requirements
of the Clean Streams Law (Act of 1937, P.L. 1987, No. 394) and the
Pennsylvania Sewage Facilities Act (Act of 1966 P.L. 1535, No. 537,
as amended, known as Act 537).
(2)
To provide for inspection, pumping, maintenance, and rehabilitation of private and public on-lot sewage disposal systems in designated On-Lot Management Districts of the Township, as defined in § 146-27 of this article.
(3)
To establish penalties and appeal procedures necessary
for the proper administration of such a management program.
C.
Applicability. From the effective date of this article,
its provisions shall apply in those portions of North Codorus Township
identified in the Act 537 Plan and the maps attached hereto, which
are collectively marked Exhibit A and incorporated by reference.[1] The provisions of §§ 146-28 and 146-29 of this article shall apply to all persons and any and all other entities owning any property serviced by an on-lot disposal system within those areas, which areas shall be collectively known as On-Lot Management Districts, as defined in § 146-27. All other sections of this article shall apply to all property, and owners of property, which is serviced by an on-lot disposal system anywhere within the Township, as those terms are defined in § 146-27.
[1]
Editor's Note: Said maps are on file in the
Township offices.
As used in this article, the following terms
shall have the meanings indicated:
The Act of January 24, 1966, PL 1535 as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, municipal secretary,
or any other qualified or licensed person who is delegated by the
Township to carry out the provisions of this article within specified
limits.
The Board of Supervisors of North Codorus Township, York
County, Pennsylvania.
An authorized agent of the Township to administer and enforce
other articles in the Township.
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 Department of Environmental Protection of the Commonwealth
of Pennsylvania.
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 the Commonwealth of Pennsylvania.
The condition occurring when an on-lot system causes pollution
to groundwater or surface waters, contamination of private or public
drinking water supplies, nuisance problems or is a hazard to public
health. Any septic or holding tank observed to be leaking, or any
instance where sewage is backing up into a building connected to the
system, is considered a malfunction. Systems shall be considered to
be malfunctioning if any of the conditions noted above occur 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 Township and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act. Hereinafter called the
"Plan," it shall mean the North Codorus Township Act 537 Plan, as
amended.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sewage systems
and community sewage systems.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the Township to effectively enforce and administer
this article.
Those areas identified in the maps attached as Exhibit "A"
and identified in the Township's Act 537 plan; this term shall include
any additional areas of the Township identified and so designated
by the Board in the future.
The owner or owners of property, which shall include individuals,
partnerships, corporations, or any other ownership entity. For purposes
of this article, the singular shall include the plural, and one gender
shall include all genders.
A properly executed York County Solid Waste and Refuse Authority
Sludge/Septage Manifest.
Person or organization licensed by the York County Solid
Waste Authority to conduct septage pumping and hauling within York
County.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot disposal system.
A Township form to be completed by the qualified pumper/hauler
and forwarded to the Township after each inspection and/or pumping.
Any substance pumped out of a septic tank.
An agent of the Township, DEP certified, whose responsibility
is to issue and review permit applications and conduct such investigations
and inspections as are necessary to implement Act 537 and the rules
and regulations promulgated thereunder.
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 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. 94), known
as "The Clean Streams Law," as amended.
North Codorus Township, York County, Pennsylvania.
In all On-Lot Management Districts, all on-lot
disposal systems shall be subject to the following:
A.
An initial inspection and subsequent periodic inspections
shall be conducted when an on-lot system is pumped. Inspections shall
be conducted by a qualified pumper/hauler for the purpose of determining
a system's functional status. The individual property owner is responsible
to contact and make arrangements directly with the pumper/hauler.
B.
A written report of the inspection shall be prepared
by the pumper/hauler and furnished to the owner of each property inspected.
The owner shall provide a copy of the said report to the Township
within 30 days of the inspection.
C.
Written reports shall be recorded on the North Codorus
Township septic system report form. The pumper/hauler shall fully
complete the form to address all requested information.
D.
An authorized agent of the Township shall inspect
systems known, or alleged, to be malfunctioning. Should the inspection
reveal that the system is indeed malfunctioning, the Township's authorized
agent shall take action to require the correction of the malfunction.
(1)
An authorized agent of the Township may inspect any
on-lot sewage disposal system at any time given reasonable notice.
(2)
An authorized agent of the Township shall have the
right to enter upon land for the purpose of inspections as described
above.
(3)
Inspections by an authorized agent of the Township
may include a physical tour of the property, the taking of samples
from surface water, wells or other ground water sources, the sampling
of 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.
In all On-Lot Management Districts, all on-lot
disposal systems shall be subject to the following:
A.
The Township shall notify all owners of property served
by an on-lot disposal system that their system must be pumped by the
end of the calendar year in which the letter is received. The Township
shall follow a schedule whereby the property owners within two of
the eight identified On-Lot Management Districts are notified annually
of the pumping requirement, such that all owners are notified once
every four years. The property owner must have his on-lot disposal
system pumped within the time specified in the Township's letter,
unless he can provide the Township with a Pumping Certification indicating
that the system was pumped within one year prior to the date of the
Township's letter. In such a circumstance, the owner shall remain
on the same notification schedule as he was.
B.
A copy of the fully completed septic system report as required by § 146-28 shall be furnished to the Township within 30 days of the date of the pumping. The property owner shall mail or hand-deliver the septic system report to the Township Administration Building at 1986 Stoverstown Road, Spring Grove, Pennsylvania 17362.
C.
Commencing from the date of pumping as prescribed in Subsection A above, removal of septage or other solids from treatment tanks shall be performed at least once every four years thereafter. The property owner shall furnish a copy of the septic system report to the Township within 30 days of the date of the pumping. Septic system reports may be mailed or hand-delivered as described in Subsection A above.
D.
Tanks shall be deemed to be pumped when all organic
solids are removed and the total average liquid depth remaining in
the tank is less than one inch.
E.
The Township may require additional maintenance activity
as needed, including, but not limited to: cleaning and unclogging
of piping; service and repair of mechanical equipment; leveling of
distribution boxes, ranks and lines; removal of obstructing roots
or trees; and/or the diversion of surface water away from the absorption
area.
F.
The required frequency of pumping may be increased
at the discretion of the Township, if:
(1)
A system is found to be malfunctioning;
(2)
A system is found to be undersized;
(3)
The treatment tanks are filled with solids in excess
of 1/3 of the liquid depth of the tank or with scum in excess of 1/3
of the liquid depth of the tank;
(4)
The hydraulic load on the system increases significantly
above average;
(5)
A garbage grinder is used in the building; or
(6)
Other good cause can be shown.
G.
Any person owning a building served by an on-lot disposal
system containing an aerobic treatment tank shall follow the operation
and maintenance recommendations of the equipment manufacturer. In
no case may the service or pumping interval for aerobic treatment
tanks exceed that required for septic tanks.
H.
Any person owning a structure served by a cesspool
shall have that system pumped according to the schedule prescribed
for septic tanks.
I.
Holding tanks shall be pumped out at intervals that
prevent the overflow, leakage, backup, and other malfunctions characteristic
of an overloaded system.
J.
Each time a septic tank or other subsurface waste
disposal system tank is pumped, the contracted pumper shall provide
to the owner of the system a fully completed and signed septic system
report.
K.
The owner of a property upon which an on-lot system
is constructed shall maintain the area around such system so as to
provide convenient access for inspection, maintenance, and pumping,
and shall divert surface water and downspouts away from the. absorption
area and on-lot system components.
L.
Tanks shall only be pumped from or through the manhole/access
port, i.e., the largest tank opening. Tanks shall not be pumped from
or through the observation port.
M.
The owner of a property upon which an on-lot system
is constructed shall, at all times, operate and maintain the on-lot
system in such condition as will permit it to function in the manner
in which it was designed and will prevent the unlawful discharge of
sewage.
A.
Only sewage and normal domestic wastes shall be discharged
into any on-lot sewage system. The following shall not be discharged
into the system:
(1)
Industrial wastes.
(2)
Automobile oil and other nondomestic oil.
(3)
Fats and grease.
(4)
Toxic or hazardous substances or chemicals, including,
but not limited to, pesticides, herbicides, acids, paints (including
latex or water-based paints), paint thinners, gasoline, and other
solvents.
(5)
Clean surface water or groundwater, including spring
water, water from roof or cellar drains, water from basement sump
pumps, and water from French drains.
B.
All water used within a residence, including kitchen
and laundry wastes and water softener backwash, and all sewage, shall
be discharged into an on-lot system treatment tank.
A.
Any on-lot sewage disposal system or component thereof
found to be malfunctioning shall be repaired, modified or replaced
pursuant to direction of the Township or its authorized agent and
to correct the conditions causing the malfunction. Rehabilitation
shall be performed in accordance with "Chapter 73, Standards for Sewage
Disposal Facilities" of Title 25, Rules and Regulations, Department
of Environmental Protection. The Township Sewage Enforcement Officer
shall inspect the rehabilitated on-lot sewage disposal system and
certify its compliance with local and state standards.
B.
A permit exemption declaration must be filed with
the Township's SEO a minimum of 48 hours prior to any soil fracturing
or use of the terralift procedure to an on-lot disposal system.
When an imminent health hazard exists due to
failure of a property owner to maintain, repair, or replace an on-lot
sewage disposal system as provided under the terms of this article,
the Township shall have the authority to perform, or contract to have
performed, the work required to abate the health hazard, pollution,
or nuisance. The owner shall be charged for the work performed, and,
if necessary, a lien shall be entered therefor in accordance with
law. The Township reserves the right to pursue all other lawful remedies.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes, ordinances, its Code, and regulations,
to effect the purposes of this article.
B.
The Township shall employ qualified individuals to
carry out the provisions of this article. Those employees may include
a Sewage Enforcement Officer, a Codes Enforcement Officer, a secretary,
an administrator, or other persons as required. The Township may also
contract with other private qualified persons or firms as necessary
to carry out the provisions of this article.
C.
All permits, records, reports, files and other written
material relating to the installation, operation, maintenance, and
malfunction of on-lot sewage disposal systems in the Township shall
be and become the property of the Township. Existing and future records
shall be available for public inspection during normal business hours
at the Township office. All records pertaining to sewage permits,
building permits, occupancy permits, and all other aspects of the
Township's sewage management program shall be made available upon
request. A fee for copying may be charged.
D.
The Township may establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Township may establish a fee schedule and collect
fees to cover the cost of administering the on-lot maintenance program.
The Township may set or amend fees by resolution.
A.
Appeals from decisions made under this article shall
be made to the Board of Supervisors in writing within 30 days after
the date of the decision in question.
B.
The appellant shall be entitled to a hearing before
the Board at its next regularly scheduled meeting, if the 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 subsequent meeting. The Township shall
thereafter affirm, modify, or reverse the aforesaid decision. The
hearing may be postponed or continued for good cause shown by the
appellant or the Township. Evidence may be introduced at the hearing.
C.
The Township's decision shall be rendered in writing
within 60 days after the conclusion of the hearing or hearings. If
a decision is not rendered within 60 days, the relief sought by the
appellant shall be deemed granted.
A.
Any person who shall violate or fail to comply with
any provision of this article shall, upon conviction thereof by a
summary proceeding action brought before a District Justice in the
same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, be sentenced to pay
a fine of not less than $100, nor more than $1,000, plus all court
costs, or imprisonment as authorized by law for summary offenses.
Each day of a violation of this article shall constitute a separate
offense.
B.
In addition to the penalties set forth in Subsection A, the Township and its authorized agents shall have the right and power to utilize all other remedies available to them at law or equity to enforce the provisions of this article.
C.
The discharge by the Township of its obligations as
set forth in this article shall create no liability upon the Township,
its officials, employees or agents.
D.
All reports, inspections, appraisals, certification
or records required or produced by the Township, its officials, employees
or agents, as required by this article, shall be for the use and benefit
of the Township only and shall not be accepted, utilized or relied
upon by any other person or party by way of certification or otherwise.
