[Adopted 5-28-1975]
This article shall be known and may be cited as the "Athens Township Sanitation Ordinance."
No person shall install an individual sewage disposal system or construct any building in which an individual sewage disposal system is to be installed or major alterations are to be made to an existing system without first obtaining a permit indicating that the site and plans and specifications of such system are in compliance with this article and the standards and regulations of the Pennsylvania Department of Environmental Protection. This article shall apply without regard to the area or size of the real property on which said individual sewage disposal system is to be constructed.
Application for the permit shall be submitted, in writing, to Athens Township on forms supplied by Athens Township and shall be submitted to the licensing officer as hereinafter described. Said forms may be those supplied by the Committee on Sanitation for Bradford County.
The Board of Supervisors of Athens Township shall, by resolution, designate a licensing officer who shall serve at the pleasure of said Board of Supervisors. The salary of said officer shall be as fixed by said Board of Supervisors. Said officer may be the nominee of the Committee on Sanitation for Bradford County with the salary as set by agreement with said Committee.
The inspection officer, upon consideration of the application for permit and sewage facility plans, shall, within seven days after receiving said permit, issue said permit or deny a permit. Denial of the permit shall be supported by a statement, in writing, of the reasons for such action. In the event that the data submitted by the applicant is incomplete, the time for acting upon said permit shall be extended for seven days beyond the date of submission of adequate supplementary or amendatory data.
No system or structure designed to provide individual sewage disposal to any realty improvement shall be covered from view until approval to cover the same has been given by the inspection officer. If 72 hours have elapsed, excepting Sundays and holidays, since the inspection officer received notification of completion of construction, the applicant may cover said system or structure unless permission has been refused by the inspection officer.
In case any permit is denied or revoked, a hearing shall be held thereon before the Board of Supervisors of Athens Township within 15 days after request therefor is made by the applicant. Within seven days following the date of such hearing, the applicant shall be notified, in writing, of the determination of said hearing.
In the event that the inspection officer determines that any change has occurred in the physical condition of any land of a realty improvement which will materially affect the operation of the individual sewage disposal system covered by the permit, the permit shall be revoked and a new permit shall be obtained before construction shall proceed, provided that no additional charge shall be made if a second permit is applied for within 30 days after the first permit shall be issued.
The inspection officer shall have the power to make or cause to be made such inspections and tests as may be necessary to carry out the provisions of this article and shall have the right to enter upon such lands for such purposes.
[Amended 7-29-1987 by Ord. No. 56]
A. 
There is hereby set as a license fee for a permit under the provisions of this article the sum of $75 for each project, lot or facility to be tested, which shall be paid at the time of application for a permit. This license fee shall pay for the inspection of the data with respect to said permit and for checking the percolation data.
B. 
There is hereby set as an inspection fee under provisions of this article the sum of $15, which shall be paid prior to the final inspection. This inspection fee shall pay for the final inspection prior to covering of the ground and for the percolation completion test for each on-site project, lot or facility.
C. 
These license and inspection fees may be hereafter revised or altered by a resolution of the Board of Supervisors of Athens Township.
Each application for a permit shall be considered by the inspection officer. His decisions with respect to issuing said permit or denying said permit shall be based upon the following standards:
A. 
The standards and regulations of the Pennsylvania Department of Environmental Protection.
B. 
The likelihood of said sewage disposal system discharging waste into surface or subsurface water systems.
C. 
The capability of the individual sewage disposal system to treat and purify sewage discharges.
D. 
The soil conditions, including percolation, evaporation and any and all other soil conditions which might affect the sewage system.
E. 
The available space for a suitable disposal system.
F. 
The availability of public or private sewage disposal systems in the vicinity.
The Board of Supervisors of Athens Township shall have the power to institute in the Court of Common Pleas of Bradford County proceedings to restrain the violation of this article.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No. 133; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions of this article or who resists or interferes with any officer, agent or employee, in accordance with the provisions of this article, in the performance of his duties shall be guilty of a summary offense. Upon conviction thereof, such person shall be subject to a fine of not less than $100 nor more than $300.
This article is enacted under the provisions of the Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, Article VII, § 702, Clauses XXVII, XXIX and XXX.[1]
[1]
Editor's Note: See now 53 P.S. §§ 65727, 65729 and 65730, respectively.