[Adopted 11-18-1987 by Ord. No. 58]
The purpose of this article is to provide for
an inspection by Township-authorized agents of all on-lot waste disposal
systems, including holding tanks; to establish a schedule for routine
maintenance by periodic pumping out of systems; to further permit
the Township to intervene in situations which are public nuisances
or hazardous to public health; and to remedy Township sewage conditions
to ensure Township compliance with the Pennsylvania Sewage Facilities
Act (Act 537), as amended,[1] and other health and safety laws.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
A.
ALTERATION
AUTHORIZED AGENT
ON-LOT WASTE DISPOSAL SYSTEM
OWNER
SEWAGE PERMIT
As used in this article, the following terms shall
have the meanings indicated:
The repair, modification or replacement of any component
of an on-lot waste disposal system.
A licensed sewage enforcement officer, professional engineer,
Department of Environmental Protection sanitarian, plumbing inspector,
soils scientist, the Athens Township Sewer Authority or any other
qualified or licensed person who is delegated to function within specified
limits as the agent of the Township to carry out the provisions of
this article.
All individual sewage systems, community sewage systems and
holding tanks as defined in Chapter 73, Standards for Sewage Disposal
Facilities, of Title 25, Rules and Regulations, Department of Environmental
Protection.
Any natural person, corporation, partnership or any approved
subdivision. If the "owner" does not live in said building, she/he/it
remains responsible for complying with this article.
Proof or evidence that the proposed on-lot waste disposal
system for a realty improvement is in compliance with Chapter 73,
Standards for Sewage Disposal Facilities, of Title 25, Rules and Regulations,
Department of Environmental Protection, and/or any ordinance of this
Township regulating on-lot waste disposal.
B.
All other definitions or words and terms used in this
article shall have the same meanings as set forth in Chapter 73, Standards
for Sewage Disposal Facilities, of Title 25, Rules and Regulations,
Department of Environmental Protection.
[Amended 1-25-1988 by Ord. No. 63; 5-31-1989 by Ord. No.
64; 7-19-1990 by Ord. No. 74]
The owner of any building serviced by an on-lot
waste disposal system within this Township with respect to the following
subsections shall be subject to all of the requirements contained
herein for a period of 20 years:
A.
All the area located south of the New York State line
lying west of the Susquehanna River and east of the Chemung River.
B.
The area located in and about Greens Landing, described
as follows:
(1)
Beginning at a point at the intersection of the State
Highway 08065 with State Highway Route 220 and Greens Landing; running
thence westerly along the center line of State Highway 08065 to its
intersection with Township Road 862; running thence northerly along
Township Road 862 to its intersection with Township Road 821; running
thence westerly along Township Road 821 to the western line of the
Chester Harris subdivision; running thence northerly along the western
line of the Chester Harris subdivision to an intersection with Township
Road 823; running thence southerly and then easterly along the center
line of Township Road 823 to its intersection with Township Road 199
and continuing thence on a straight line to the west of a low-water
mark of the Chemung River; running thence southerly along the low-water
mark of the Chemung River to a point due east of the intersection
of State Highway 08065 with Route 220; running thence due westerly
to an intersection with the point and place of beginning.
(2)
The area encompassed in the septic management area
shall include all of the land above described, together with all land
lying 250 feet southerly of State Highway 08065, 250 feet westerly
of Township Road 862, 250 feet southerly of Township Road 821, 250
feet westerly of the Chester Harris subdivision and 250 feet northerly
and easterly of Township Road 823 and including any and all sewage
disposal systems of any kind whatsoever as defined in this article.
C.
The area located on and adjacent to Riverside Drive
commencing at the intersection of Riverside Drive and Litchfield Township
and running thence southwesterly along Riverside Drive to its intersection
with the bridge running over and across the Susquehanna River to Sayre
Borough, and the area encompassed in said septage management area
shall contain all of the land above described, together with all of
the land lying 250 feet from Riverside Drive and all of the land lying
250 feet beyond the intersection of Riverside Drive and the bridge
to Sayre Borough and including any and all sewage disposal systems
of any kind whatsoever as defined in this article.
D.
The area located between Greens Landing and Athens Borough bounded on the west and the north by the center line of the Conrail tracks, on the east by the Chemung River and on the south by the present septage management district in Greens Landing described in Subsection B above set forth.
E.
Bounded on the north by the New York State line, bounded
on the east by the Chemung River, bounded on the west by the east
line of Queen Esther Estates and the White Wagon Bridge Road, and
bounded on the south by Route 08067. The connecting line between the
south line of Queen Esther Estates and Route 08067 being as follows:
Beginning at the south line of lands of Queen Esther Estates at its
intersection with the northeast corner of lands of Porter and the
northwest corner of lands of Leprino Foods, running thence along the
line of lands of Leprino Foods the following courses and distances:
990 feet southerly along its west line, running thence westerly 2,310
feet along Leprino Foods to a corner, running thence southerly along
lands of Leprino Foods 1,485 feet to a corner, running thence easterly
along the line of land of Leprino Foods 1,815 feet to a point, running
thence northerly along the line of lands of Leprino Foods 371 feet
to a point, running thence easterly along the line of Leprino Foods
2,560 feet to a point at the northwest corner of lands of the Sayre
Borough Airport, running thence southerly along the line of the airport
to an intersection with Route 08067.
[Added 2-26-1992 by Ord. No. 93]
F.
All buildings situate and located within 500 feet
of any portion of that body of water known as Lake Macham.
[Added 11-18-1992 by Ord. No. 100]
G.
All mobile home courts which shall contain four or
more mobile homes not otherwise covered by the article, with "mobile
homes" being defined as including all trailers, travel trailers, double-wide
homes or any transportable home situate upon a chassis, whether the
wheels have been removed or not, situate upon a contiguous parcel
of land owned by one person or entity.
[Added 7-29-1992 by Ord. No. 97]
[Amended 1-25-1988 by Ord. No. 63]
The Building Permit Officer of the Township
of Athens shall not issue a building permit for a building to be serviced
by an on-lot waste disposal system nor issue a permit for conversion
of the use of an existing building prior to receiving from the Sewage
Enforcement Officer a sewage permit authorizing the installation or
rehabilitation of said system, or other written indication of existing
system adequacy. On the completion of work, the Building Permit Officer
of the Township shall cause the Sewage Enforcement Officer to verify
that the installation or rehabilitation is complete and complies with
state and local regulations.
Privately owned small community systems, including
but not limited to nursing homes and boarding homes, are subject to
the same requirements of this article as individual on-lot waste disposal
systems. In addition, the owner shall provide to the Township a list
of the names and addresses of all participants in the small community
systems.
An on-lot waste disposal system is malfunctioning
when it causes pollution of groundwater or surface waters, contamination
of private or public drinking water supplies, nuisance problems or
a hazard to the public health. Indications of a malfunctioning system
include but are not limited to foul odors, backup of wastewater into
the attached building or surfacing sewage effluent flowing over the
ground, occurring at any time of the year.
A.
Any on-lot waste disposal systems may be inspected
by the Township or its authorized agent as of the effective date of
this article. Such inspection may occur in different months of the
year and shall include inspection of the septic tank, aerobic tank,
disposal field, distribution box and any other component of the system,
etc.
B.
Inspection may include sampling of surface water on
or adjacent to the property and groundwater from active or inactive
wells used for potable water supply or from monitoring wells in and
around the disposal field.
C.
The Township may instruct the Sewage Enforcement Officer to inspect if the system is presently malfunctioning, if maintenance reveals a malfunctioning system, if the system has malfunctioned in the past, if tank pump-out is required more frequently (see § 126-22), if seasonal use will significantly increase use of the system, if the number of people using the system increases, and for other good cause shown. A system owner can appeal from increase in the frequency of inspection through the administrative appeal process detailed in § 126-30.
D.
A copy of the inspection report shall be furnished
to the owner and shall contain:
A.
The septic tank of subsurface waste disposal systems
shall be pumped out within three years of the effective date of this
article and every three years thereafter. The aerobic tanks of subsurface
waste disposal systems shall be maintained within two years of the
effective date of this article and every year thereafter by the authorized
personnel.
[Amended 1-25-1988 by Ord. No. 63]
B.
The pumping and the supervision of the pumping shall
be carried out by such agency as the Township shall have selected
to administer and carry out and supervise the provisions of this article.
Pending further revision, the Township hereby reserves the right to
designate such agency by resolution.
[Added 1-25-1988 by Ord. No. 63]
C.
The Township may require septic tanks to be pumped
out at more frequent intervals for proper operation of the system
if it finds that the system is malfunctioning, that the system has
malfunctioned in the past, that seasonal use will significantly increase
use of the system, that the number of people using the system has
increased, that a garbage grinder has been installed in a building
serviced by an existing system before the effective date of this article
or for good cause.
D.
Any maintenance which constitutes a pump-out of a
septic tank or a holding tank shall be performed as follows:
[Amended 7-28-1993 by Ord. No. 106]
(1)
The tank shall be opened to at least 12 inches in
diameter or the size of the natural opening in the tank if it shall
be larger.
[Amended 12-14-1994 by Ord. No. 116]
(2)
The contents of the tank shall be thoroughly stirred
and mixed in the process of being pumped out so as to thoroughly mix
the liquid with any solids in the tank in order to allow collection
of both the solids and the liquids.
(3)
After pumping the tank as above set forth, the tank
shall be backflushed and repumped during the process if it shall be
necessary in order to thoroughly pump out all solids in the tank.
[Amended 12-14-1994 by Ord. No. 116]
(4)
Upon completion of the backwashing, if needed, and
pumping, the tank shall be washed down with clear water.
[Amended 12-14-1994 by Ord. No. 116]
E.
The Township may require other maintenance activity
during regular scheduled pump-out of the septic tank or holding tank,
such as cleaning and unclogging of pipelines connecting the tank and
disposal field and cleaning of the distribution box and mechanical
equipment.
F.
In the case of residences with one occupant, said
occupant may apply to extend the maintenance period beyond the basic
periods specified above, with each case determined separately as the
conditions and size of the system dictate.
G.
All holding tanks of subsurface waste disposal systems
shall be pumped out as often as shall be required, but at least every
three months.
[Added 11-18-1992 by Ord. No. 100]
A.
Any on-lot waste disposal system or component thereof
which is found to be malfunctioning and causing pollution of ground-
or surface waters, contamination of private or public drinking water
supply, a nuisance or a hazard to the public health will be repaired,
modified or replaced pursuant to the order of the Township or its
authorized agent to correct the condition which caused the malfunction.
No repair or rehabilitation shall be undertaken prior to the issuance
of a sewage permit by the Building Permit Officer. 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 Sewage Enforcement Officer shall
inspect rehabilitation and certify compliance with state and local
standards.
B.
The Township shall have the authority to order the
repair of any existing on-lot waste disposal system, including but
not limited to the installation of a new conventional drainage field,
the construction of elevated sand mounds to replace an existing disposal
field, holding tanks, spray irrigation systems, the addition of dosing
tanks and distribution boxes to the system, the replacement of any
component of the system and the replacement of an existing septic
system with a completely different system, such as an aerobic system
or waterless toilet. The Township shall also have the authority to
require two or more buildings serviced by malfunctioning septic tanks
and subsurface drainage fields to hook up to a small community system.
C.
Rehabilitation of an on-lot disposal system ordered
by the Township shall commence construction within 30 days of issuance
of said permit and shall be completed within 60 days unless seasonal
or unique conditions mandate a longer period, in which case the Township
Sewage Enforcement Officer shall set the extended completion date.
D.
The owner of an on-lot waste disposal system shall
not undertake any independent repair, modification or replacement
of the system without a sewage permit.
E.
The Township may apply for federal and state grants,
if available, to be used for the rehabilitation of on-lot waste disposal
systems.
F.
Athens Township shall further have the right to require
interim measures in order to minimize malfunction problems until the
repair or rehabilitation of the system shall be complete. Such measures
which may be required by the Township include pumping of septic tanks,
reduction of water usage, placement of soil fill and all other measures
which may alleviate said malfunction.
[Added 1-25-1988 by Ord. No. 63]
[Amended 1-25-1988 by Ord. No. 63]
If inspection pursuant to this article shall
disclose either the absence of an on-lot waste disposal system, including
direct discharge of waste into the town storm sewer system or other
waterway, or a malfunctioning cesspool or other nonauthorized on-lot
system, the Township or its agent shall furnish the owner an inspection
report notifying the owner of the condition and directing the owner
to take immediate remedial action to install an on-lot waste disposal
system and shall apply to the Township Sewage Enforcement Officer
for a permit to install the same in accordance with the provisions
of this article in Chapter 73, Standards for Sewage Disposal Facilities,
of Title 25, Rules and Regulations, Department of Environmental Protection.
Only normal domestic wastes shall be discharged
into the on-lot waste system. The following wastes shall not be discharged
into the system:
A.
Employees and authorized agents/personnel of the Township
shall, upon presentation of proper credentials and identification,
be permitted to enter upon all properties for the purpose of inspection,
observation, sampling, maintenance and rehabilitation of on-lot waste
disposal systems in accordance with the provisions of this article.
B.
At least 24 hours' notice shall be required prior
to inspection, observation, sampling, maintenance or rehabilitation
when the Township or its authorized agent suspects that the on-lot
waste disposal system is malfunctioning, is being operated improperly
or is causing a nuisance, water pollution or a public health hazard.
Notice shall be deemed given in accordance with the preceding provision
by either the mailing by regular mail, postage prepaid, to the title
owner of the premises or the posting of notice on the premises.
C.
Any real property on which an on-lot waste disposal
system is presently under construction or is to be constructed in
the future shall not be conveyed by the developer without the inclusion
of an easement in the deed granting to the Township the right to enter
upon the property for purposes of inspection, observation, sampling,
maintenance and rehabilitation of the system and any other activities
necessary to effectuate the provisions of this article. A copy of
the deed which is filed in the County Recorder of Deeds' office shall
be obtained and sent to the Township by the Tax Collector of the Township.
[Amended 1-25-1988 by Ord. No. 63; 10-31-1990 by Ord. No.
79]
A.
All septage originating within the Township shall
be disposed of at such sites as shall be approved of by Athens Township
by resolution or by ordinance.
B.
All property owners within the Township, whether within
the septage management district or not, shall secure a permit before
the septage shall be pumped from any septic tank, holding tank, cesspool
or other container.
C.
Both the owners and the contractor or contractors
removing septage shall be responsible for securing such permit and
for disposing of the septage at an approved site.
[Amended 1-25-1988 by Ord. No. 63]
The municipality, upon written notice from the
Sewage Enforcement Officer that an imminent health danger exists due
to failure of a property owner to repair, maintain or install a subsurface
sewage system as provided under the terms of this article, shall have
the authority to contract to have the Sewage Enforcement Officer's
specified work completed and charge the landowner for the work performed
and enter a lien therefor in accordance with law.
[Amended 1-25-1988 by Ord. No. 63]
A.
Personnel. It shall be the duty of the Building Permit
Officer to oversee a schedule of inspection and maintenance of on-lot
septic systems, to bring complaints and suggestions to the Sewage
Committee of Supervisors, and to work with the Sewage Enforcement
Officer to carry out the provisions of this article.
B.
Records. All permits, records, reports, files and
other written material relating to the installation, operation, maintenance
and malfunctioning of subsurface waste disposal systems and/or alternative
systems in the Township in the possession of the Township Sewage Enforcement
Officer or other public agency shall become the property of the Township.
Existing and future records in the possession of the Township may
be examined during regular business hours at the Township office.
C.
Equipment. The Township shall purchase vehicles and
equipment as it finds necessary to implement this article.
B.
The appellant shall be entitled to a hearing before
the Township Supervisors at its next regularly scheduled meeting if
it receives the appeal at least 14 days prior to the meeting. If made
within 14 days of the next meeting, the appeal shall be heard the
following month at the subsequent meeting. The Township shall thereafter
reverse, modify or affirm the aforesaid decision. The hearing may
be postponed for 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 within 30 days of the
date of hearing. If a decision is not rendered within 30 days, the
relief sought by the appellant shall be deemed granted.
[Amended 7-19-1990 by Ord. No. 74; 8-28-1996 by Ord. No.
128; 5-28-1997 by Ord. No. 133; 10-27-1999 by Ord. No. 159]
Any person, partnership, firm, association or
corporation who violates any of the provisions of this article 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 $600.
