This article shall be known and may be cited as "the Installation
Requirements and Sewage Management Program, also referred to as the
SMP, for Individual On-Lot Disposal System."
A.
In accordance with the Second Class Township Code, 53 P.S. § 65101
et seq., the Clean Streams Law (Act of June 27, 1937, P.L. 1987, 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 West Brandywine 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.
B.
The Official Sewage Facilities Plan for West Brandywine 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.
The purpose of this article is to provide for the regulation,
inspection, maintenance and rehabilitation of on-lot sewage disposal
systems (both on-site and community/COLDS); 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.
A.
No building permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until an on-lot sewage disposal
system permit has been issued by the Chester County Health Department
SEO. Proof of on-lot sewage disposal system permit issuance shall
be presented to the Township in the form of a properly executed permit
signed by the Chester County Health Department SEO.
B.
No occupancy permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until the sewage disposal
system has been installed and the completed installation is approved
by the Chester County Health Department SEO. Proof of on-lot sewage
disposal system final installation approval shall be presented to
the Township in the form of a properly executed on-lot sewage disposal
system permit signed by the Chester County Health Department SEO.
C.
No building or occupancy permit shall be issued for, 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 an on-lot sewage disposal system permit from the Chester
County Health Department SEO authorizing the 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 the Chester County Health Department SEO that such a permit will
not be required. The Chester County Health Department SEO shall determine
whether the proposed alteration or conversion of the structure will
result in increased sewage flows.
D.
On-lot sewage disposal system permit may be issued only by a Sewage
Enforcement Officer employed by the Chester County Health Department.
A.
Initial inspections.
(2)
A written inspection report signed by the registered Chester County
Health Department Inspector/Hauler shall be furnished to the Township
by the person owning the property served by the on-lot sewage disposal
system within 30 days of the inspection. All written inspection reports
shall be on a form provided by the Township.
(3)
Initial inspection requirements may be waived for the following conditions:
(a)
A new system has been installed in accordance with all Chester
County Health Department and DEP standards within one year prior to
the effective date of this chapter. Copies of all approved Chester
County Health Department permit data, including plot plan, as-built
plot plan, design specifications, and installation inspection reports
must be submitted to the Township by the property owner to qualify
for a waiver from the initial inspection requirements.
(b)
A property owner has applied for a Chester County Health Department
permit to repair a malfunctioning on-lot sewage disposal system but
no repair was deemed possible by the Health Department. Copies of
all Chester County Health Department documentation, including the
permit application form, soils testing field reports, and a written
determination from the Health Department that no repair is possible
must be submitted to the Township by the property owner to qualify
for a waiver from the initial inspection requirements. Any such waiver
will not absolve the property owner from the responsibility to maintain
the on-lot sewage disposal system in a manner to prevent malfunction,
including frequent pumping, water conservation, or any other means
deemed acceptable by the Chester County Health Department. The property
owner shall further assume an ongoing responsibility to revisit options
for repair of the on-lot sewage disposal system with the Chester County
Health Department at least annually in order to determine whether
any new technologies may have been approved by DEP which would allow
for permit issuance to repair the on-lot sewage disposal system.
B.
Routine inspections.
(1)
Each person owning a building served by an on-lot sewage disposal
system shall employ an inspector/hauler possessing a registered Chester
County Health Department account to complete routine inspections for
the purpose of evaluating ongoing condition and maintenance needs
of each on-lot sewage disposal system in the Township.
(2)
Routine inspections shall be completed every three years as specified by § 148-26C, the date of a new on-lot sewage disposal system installation, or the date of any waiver granted pursuant to § 148-27A(3), as applicable. Routine inspections shall also be completed every three years after final installation approval by the Chester County Health Department SEO for all on-lot sewage disposal systems constructed after the effective date of this chapter.
(4)
A written inspection report signed by the registered Chester County
Health Department Inspector/Hauler shall be furnished to the Township
by the person owning the property served by the on-lot sewage disposal
system within 30 days of the inspection. All written inspection reports
shall be on a form provided by the Township.
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(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 or groundwater, including water from roof or cellar
drains, springs, basement sump-pumps, French drains, air conditioner
condensate discharges, and dehumidifier discharges.
(5)
Wastewater resulting from hair treatment from beauty shops.
(6)
Any nonbiodegradable materials.
(7)
Any change to the use of a property shall initiate an evaluation
of the on-lot septic system's suitability further requiring the property
owner or owner's agent to complete and submit a DEP sewage facilities
planning module application mailer form.
B.
The Township may require additional operation or maintenance procedures
to ensure proper on-lot sewage disposal system performance.
A.
Each person owning a building served by an on-lot sewage disposal system shall have the system pumped within parameters described by § 148-26C, but not more than three years from the effective date of this chapter by a Chester County Health Department-registered liquid waste hauler. Thereafter, the property owner shall have the system pumped at least once every three years. Receipts from the Chester County Health Department-licensed liquid waste hauler shall be submitted by the property owner to the Township within the prescribed pumping periods.
B.
The required pumping frequency may be modified at the discretion
of the Board of Supervisors or the Township's authorized agent if
the on-lot system is undersized, if an inspection reveals solids or
scum in excess of 1/3 of the liquid depth of the tank, 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.
All on-lot sewage disposal system pumping shall be performed in accordance
with Chapter 504 of the Chester County Health Department regulations
and shall also conform to the following minimum standards, unless
other standards are specified by an equipment manufacturer:
(1)
At all times, the pumper truck operator's personal safety, as well
as protection of the environment and the landowner's property, shall
receive the highest priority.
(3)
Initial treatment units shall only be pumped from or through the
manhole or access port (i.e., the largest tank opening).
(4)
Initial treatment units shall not be pumped from or through the observation
or inspection port.
(5)
When necessary to break up solids, backwashing with clean water or
material of a similar nature already on board the pumper truck may
be employed. Mechanical means (scraping, raking, etc.) are not necessary
but may be employed, provided that appropriate safeguards are taken
to prevent injury.
(6)
When backwashing, care shall be taken not to fill or refill the initial
treatment units to a level greater than 12 inches below the elevation
of the outlet pipe, where applicable.
(7)
No liquids or solids are to be discharged into or through the outlet
pipe, where applicable.
(8)
At all times, and in all phases of operations, the liquid waste hauler
shall comply with all laws and regulations regarding the activities
associated with on-lot sewage disposal system maintenance and disposal
of materials removed therefrom.
D.
Any person owning a building served by an on-lot sewage disposal
system which utilizes any components or technologies deemed by DEP
to require more detailed operation and maintenance requirements than
provided for in this ordinance, including but not limited to individual
residential spray irrigation systems (IRSIS), alternate systems, or
experimental systems shall be further subject to the maintenance responsibility
recommended by DEP for said system. The Township may impose additional
requirements as deemed necessary to provide for the increased oversight
inherent in these cases, including, but not limited to, collection
of an annual fee and additional financial security.
E.
Surface contouring shall be required as necessary to direct surface
water and drainageways away from all components of on-lot sewage disposal
systems.
F.
Additional maintenance activity may be required as needed including,
but not limited to, providing reasonable and electrical equipment,
leveling of distribution boxes, tanks and lines, removal of obstructing
roots or trees, etc.
A.
No person shall operate or maintain an on-lot sewage disposal system
in such a manner to constitute a malfunction. Any suspected malfunction
shall be reported to the Chester County Health Department SEO, who
shall make a final determination as to functional status and rehabilitation
measures required. Any person owning a building served by an on-lot
sewage disposal system determined to be in a state of malfunction
by the Chester County Health Department SEO shall perform all corrective
measures required by the SEO to abate the malfunction. The Chester
County Health Department SEO shall have the authority to require abatement
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 initial treatment unit, expanding
the existing disposal areas, replacing the existing disposal area,
replacing the system with a holding tank, frequent pumping, or any
other alternative appropriate for the specific site.
B.
In the event other remedies described in this section fail to abate
a malfunction, the Chester County Health Department's Sewage Enforcement
Officer and/or the Township's authorized agent 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.
C.
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 the system malfunction. The Township and the Chester County Health
Department may require action by the property owner to lessen or mitigate
the on-lot sewage system malfunction to the extent necessary.
D.
In the event a system malfunction causes imminent danger or impact
to the health welfare of any Township resident or property, the Township
reserves the right to appropriately contain or correct the malfunction
to an acceptable level of performance at the property owner's expense.
E.
There may arise geographic areas where numerous on-lot sewage disposal
systems are known or are suspected to be in a state of malfunction.
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
Chester County Health Department and/or the Department, represents
a serious public health or environmental threat.
(1)
The Township shall provide an annual report to the DEP and Chester
County Health Department summarizing the data collected through the
sewage maintenance program. The data collected shall be utilized to
determine if a revision to the Township Sewage Facilities Plan is
warranted. The data shall include, but not be limited to;
(a)
Location of on-lot systems in the designated district annual
data has been collected.
(b)
Location of systems in which the owners failed to obtain the
necessary permit.
(c)
Inspection results of SMP permittees.
(d)
Corrective measures required to remediate system malfunctions
or failures.
(e)
A map specifying area of failure or systems requiring rehabilitation.
