[HISTORY: Adopted by the Department of Health
of Allegheny County effective 12-1-1997. Amendments noted where applicable.]
A.
This chapter provides for the regulation of sewage
facilities; setting forth definitions; provides regulations for installation,
operation, and maintenance of such systems; provides for inspections;
regulates and requires permits; provides for connections to public
sewers; provides for standards; prohibits the continued use of malfunctioning
sewage facilities; requires municipal management and cooperative sewage
management between municipalities; and provides penalties for violations
thereof.
B.
The purpose of this chapter is to encourage owners,
operators and users of sewage disposal systems to institute pollution
prevention programs and practice pollution prevention to the extent
possible.
The following definitions shall apply in the
interpretation and enforcement of these regulations:
Allegheny County Health Department Rules & Regulations,
Article XIV, Sewage Disposal.
A piping system to carry sewage wastes from a single building,
which terminates with a connection to a public sewer, common sewer
lateral, or sewage disposal system.
A private sewer that collects the sewage discharge of more
than one building sewer and conveys it to a public sewer. A common
sewer lateral does not include a private sewer conveying wastes from
more than one building under one ownership (i.e., shopping centers,
etc.).
A proposed method of addressing a sewage problem submitted
by a responsible person in response to an order of the Department.
Allegheny County Health Department.
The Director of the Allegheny County Health Department, or
the Director's authorized representative.
For planning purposes only, to determine the number of lots
in a subdivision, that part of a multiple-family dwelling or commercial
or industrial establishment with flows equal to 400 gallons per day.
Any activity attracting more than 50 persons that is sponsored,
organized, promoted, managed or financed by any person, group of persons,
partnership, organization, corporation, business or government entity
where individuals congregate to participate in or observe an activity
in an outdoor setting or semi-enclosed structure for more than two
consecutive hours.
An agreement between two or more municipalities sharing a
water drainage basin, which provides for cooperation and apportioning
responsibility for conveyance and treatment of sewage in the water
drainage basin.
A part of a subdivision or parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided. Whenever a lot is
used for a multiple-family dwelling or for commercial, institutional
or industrial purposes, the lot shall be deemed to have been subdivided
into an equivalent number of single-family residential lots as determined
by estimated sewage flows.
A city, incorporated town, township, borough, or home rule
municipality other than a county, or any authority created pursuant
to the laws of the Commonwealth of Pennsylvania.
A portable, self-contained holding tank/toilet unit that
is designed to provide toilet facilities for a temporary period of
time, such as at events and building construction sites.
National Pollutant Discharge Elimination System.
A person certified by the Commonwealth of Pennsylvania who
operates a wastewater treatment facility as required by law or regulation.
The person who is the owner of record or equitable owner
of a wastewater treatment facility, home, property, residence or development,
including but not limited to the executor, trustee, or administrator
of any property which falls under this regulation.
The Pennsylvania Clean Streams Law, Act of June 22, 1937,
P.L. 1987, as amended.
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P. L. 1535, as amended.
The person to whom a permit is issued.
An individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau, or agency of the United States, Commonwealth, political
subdivision, municipality, district, authority, or another legal entity
which is recognized by law as the subject of rights and duties. The
term includes the members of an association, partnership, or firm
and the officers of a local agency or municipal, public, private corporation
for profit or not for profit.
Any practice that reduces or eliminates potentially harmful
pollutants at the source, or that reduces the use and consumption
of resources, such as water or energy, in accordance with the National
Pollution Prevention Policy.
A common sewer owned and/or controlled by a municipality
or municipal authority.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes, but is not limited
to, the following:
A substance that contains 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
waters for domestic water supply or for recreation, or which constitutes
pollution under the PA Clean Streams Law.
Systems of sewage collection, conveyance, treatment and disposal
which will prevent the discharge of untreated or inadequately treated
sewage or other waste into waters of this commonwealth or otherwise
provide for the safe and sanitary treatment and disposal of sewage
or other waste.
COMMUNITY SEWAGE SYSTEM- A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.
COMMUNITY ON-LOT SEWAGE SYSTEM- A community sewage system which uses a system of piping, tanks, or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
COMMUNITY SEWERAGE SYSTEM- A community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation into a subsurface absorption area, or retention in a retaining tank.
INDIVIDUAL SEWAGE SYSTEM- A sewage facility, whether publicly or privately owned, located on a single lot and serving one equivalent dwelling unit and collecting, treating, and disposing of sewage in whole or in part into the soil or into waters of this commonwealth, or by means of conveyance of retaining tank wastes to another site for final disposal.
INDIVIDUAL ON-LOT SEWAGE SYSTEM- An individual sewage system which uses a system of piping, tanks, or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
INDIVIDUAL SEWERAGE SYSTEM- An individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation into a subsurface absorption area, or retention in a retaining tank.
A program authorized by the official action of a municipality,
authority, or political subdivision for the administration, management,
and regulation of the disposal and/or conveyance of sewage.
That area drained by a river, stream, or other body of water
whether artificial or natural.
Rivers, streams, creeks, rivulets, impoundments, ditches,
water courses, storm sewers, lakes, dammed water, ponds, springs and
other bodies or channels of conveyance of surface and underground
water, or of their parts, whether natural or artificial, within or
on the boundaries of this commonwealth.
A.
The Director is authorized to promulgate minimum standards
governing the management, design, construction, installation, reconstruction,
and operation of individual and community sewage systems. These minimum
standards will ensure that the discharge from any individual or community
sewage systems:
(1)
Does not actually or potentially contaminate any drinking
water supply;
(2)
Is not accessible to insects, rodents, or other possible
carriers of disease which may actually or potentially come into contact
with food or drinking water;
(3)
Is not a health hazard by being actually or potentially
accessible to children;
(4)
Is not discharged to any underground mine, well, or
cavern;
(5)
Does not give rise to a nuisance due to odor or unsightly
appearance;
(6)
Does not contaminate any stream or other water of
the commonwealth; and
(7)
Will not violate the PA Clean Stream Law, as amended;
the PA Sewage Facilities Act, as amended; or any other statute or
regulation referring to water pollution, sewage disposal, or nuisances.
B.
Violations of the standards identified in Subsection A are declared health hazards and/or nuisances and it shall be unlawful for any person to continue to allow, or fail to eliminate the discharge of sewage in a manner which fails to conform to the requirements of Subsection A, or fail to abate the nuisance caused by such discharge of sewage.
A.
Sewage disposal systems
(1)
It shall be unlawful for any person to cause to be
constructed, installed, altered, repaired, or extended on any piece
or parcel of ground under that person's ownership, care, or control,
either an individual on-lot or community on-lot sewage disposal system
or install, construct, occupy or use a building to be served by that
system unless said person has previously applied for and obtained
a permit from the Department. Said permits must be acquired prior
to the commencement of any construction, related to the installation
of, repair, or preparation for the installation of any such system.
Application for permits will be made on forms provided by the Department.
(2)
The Director reserves the right to deny a permit where in his/her opinion the creation of a health hazard or nuisance may result from the construction, installation, alteration, or extension of an individual on-lot system or community on-lot system, as proposed in the application. The Director may require that such system will provide the degree of treatment necessary to assure compliance with the requirements of § 875-3A.
(3)
No individual or community sewage system shall be
put into use until final inspection and approval of the completed
system has been obtained from the Director.
B.
Sewage waste hauling vehicles. Any vehicle that pumps
and hauls sewage or sewage sludge from septic tanks, nonsewered toilet
systems (NST's), or other facilities for disposal shall obtain and
display a permit for such from the Department, pursuant to the requirements
and standards of the Allegheny County Health Department Rules and
Regulations, Article VIII, Solid Waste and Recycling Management.
A.
The Director is hereby authorized to make such inspections
and investigations as are necessary to ensure satisfactory compliance
with the rules and regulations promulgated by the Department.
B.
It shall be the duty of the owner or occupant of a
residence, building, occupied parcel, or operator of a sewage treatment
plant, to provide the Director free access to such premises at all
reasonable times for the purpose of making such inspections and investigations
as are necessary to ensure compliance with the requirements of the
rules and regulations promulgated hereunder.
C.
An owner of a residence, building or occupied parcel
of land or his authorized agent may enter the premises at all reasonable
times for the purpose of complying with any provision of these rules
and regulations or with any order issued thereunder. Tenants or occupants
shall not prohibit or hinder access for the purpose of complying with
this regulation.
A.
It is the responsibility of both the lessor and owner
of an NST to maintain such NST in a condition that does not create
a nuisance by reason of discharge, leaks, overflow, or other cause.
B.
It shall be the responsibility of the holder of any event in Allegheny County to secure a sufficient number of toilet facilities for each event. Where NST's are utilized, the holder of the event shall have a minimum number of NST's in accordance with Table 1.[1] Where NST's are used for large events (more than 10,000
persons), an alternate plan, submitted to the Department for approval
30 days prior to the event, can be utilized.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
C.
Where toilet facilities are not available at a building construction site, NST's shall be provided when workers spend six hours or more at the construction site daily. This section shall not apply to the construction of one single-family dwelling. (See Table 1.[2])
[2]
Editor's Note: Table 1 is included at the end of this chapter.
D.
An NST must be constructed of smooth, nonabsorbent,
easily cleanable materials, and provide ready access to the storage
tank for easy maintenance. The NST's holding tank must be vented and
screened to prevent entry of insects. NST's shall meet the installation
specifications of the manufacturer.
E.
An owner or lessor of an NST shall not transport an
NST with any sewage in the storage tank. All sewage removed from an
NST shall be disposed of only in a manner permissible under state
law or regulation.
F.
The NST owner shall maintain records of the name of
the lessor and the location of the NST. Such records shall be made
available for inspection by the Department.
A.
All municipalities in Allegheny County shall submit
to the Department a map of all municipal, community or common sewage
conveyance and treatment systems within the municipal borders. Such
map shall be in a form satisfactory to the Department and at a minimum,
accurately depict the location of municipal sewers, as well as size,
flow direction, manhole locations, pump stations, sewage treatment
facilities, and any combined sewer or sanitary sewer discharge points.
These maps shall be submitted according to the following schedule:
(1)
By January 1, 1998, all municipalities tributary to the Allegheny County Sanitary Authority (ALCOSAN) sewage treatment plant which have permitted separate sanitary sewer systems shall submit the required mapping referenced in Subsection A.
B.
If the Director determines that because of existing or intermittent health hazards in any municipality relating to sewage, the Director may order any municipality or municipalities affecting or partially affecting such condition to submit the map required by Subsection A on an accelerated schedule. Such schedule shall not require map submittal earlier than six months after the date of such order.
C.
If the Department determines that any condition which
violates the within sewage regulations is the responsibility of a
person or municipality or municipalities, the Department may order
a Corrective Action Plan (CAP) or joint CAP be developed and submitted
by a specific date. The person or municipality or municipalities must
submit the CAP by the dates specified. Once received, the Department
has 30 days to reject or approve such CAP. If rejected, the Department
shall specify the reasons for rejection and the party submitting the
CAP shall have 60 days to amend the CAP and obtain approval from the
Department.
D.
All permittees of individual sewerage or community
sewerage systems are required to have a written agreement with a municipality,
or public authority, providing for the continued operation and maintenance
of the system.
A.
Any time a sewershed drainage basin encompasses more
than one municipality within Allegheny County, the Department may
order all the municipalities that share the drainage basin to enter
into a Joint Management Agreement (JMA). The JMA must specifically
designate responsibility for maintenance of multi-municipal sewer
systems, as well as malfunctions. JMA's shall be submitted to the
Department when so ordered. The Department shall give municipalities
a minimum of 180 days to adopt a JMA which may become part of a CAP.
All JMA's must be reviewed and updated every five years.
B.
Sewer facilities. Subject to the provisions of an
approved JMA, each municipality shall be responsible for proper sewage
conveyance and treatment that occurs within the boundaries of the
municipality.
C.
On-lot sewage disposal. When a municipality approves
plans to develop property containing 11 or more single-family lots
utilizing on-lot disposal of sewage, the municipality shall first
create a sewage management district for the development which shall
be responsible for:
D.
Prior to issuing any building or occupancy permit
for a newly constructed structure, the municipality shall ascertain
the methods of sewage disposal contemplated and verify that all necessary
permits for such have been obtained. Where any type of on-lot disposal
is proposed, a permit issued by the Department is necessary prior
to any construction.
E.
Common sewer laterals. It shall be the responsibility
of the municipality to manage the repair, upgrade, and maintenance
of common sewer laterals within its boundaries in so far as it is
necessary to undertake action to eliminate a public health problem.
In the event that a municipality expends public funds for the purpose
of addressing such a public health problem caused by the illegal discharge
of sewage from a common sewer lateral or in the event that it becomes
necessary to upgrade the lateral to meet current code requirements,
nothing shall prevent the municipality from assessing such costs to
the property owners whose property is connected to the common sewer
lateral.
F.
Connection to a public sewer.
(1)
It shall be unlawful to continue the use of an individual
or community system for any building or structure where any part of
such building or structure is within 150 feet of any part of a public
sewer where such sewer has been made available by the municipality
or authority.
(2)
Where a public sewer line or public sewer line extension
is constructed after January 1, 1994, all buildings or structures
used for human occupancy within 250 feet of such public sewer or sewer
line extension, where such sewer has been made available by the municipality
or authority, shall have the building systems connected to the public
facility and discontinue the use of any individual or community sewage
treatment system. Owners of affected properties under this section
may be given up to 90 days by the Department to connect to the public
sewer.
When a sewage facility is to be abandoned, it
shall be the responsibility of the property owner and permittee of
such system to properly abandon such sewage facility. This section
shall not apply to tankage converted to equalization and retention
facilities. Proper abandonment shall include:
Any permittee of a community sewage system shall
develop an operation and maintenance plan and an emergency response
plan for such facility. These plans must be submitted to the Department
for approval and updated by March 31 of each year.
A.
Whenever the Director determines that there has been
a violation of any provisions of these rules and regulations, he/she
shall give notice of the violation in the manner provided in this
section to the person responsible for compliance under these rules
and regulations.
C.
The notice shall be served upon the person responsible
in the following manner:
(1)
By handing a copy to the responsible person, or by
handing a copy to the persons designated in Rule 402 of the Rules
of Civil Procedure promulgated by the Supreme Court of Pennsylvania;
or
(2)
By sending a copy to the responsible person's last
known address by regular mail; or
(3)
By posting a copy in a conspicuous place in or about
the premises.
Whenever the Director determines that an emergency
exists which necessitates immediate action to protect the public health,
safety or welfare, he/she shall without prior notice, issue a written
order reciting the existence of the emergency and requiring whatever
action he/she deems advisable to meet the emergency, notwithstanding
the provisions of § 875-13A and B. This order shall be effective
upon service as provided in § 875-13C and shall be complied
with immediately or as specified in the order.
In the event of noncompliance with an order
issued pursuant to any section of these rules and regulations, the
Director may institute appropriate actions or proceedings at law or
inequity to restrain, correct or abate the violations of the order,
including causing the order to be carried out at the expense of the
County. The County may recover the amount of the expense of any action
or proceeding or of causing construction work to be postponed in carrying
out an order, by action of assumpsit, or, where appropriate in the
manner provided by law for the collection of claims under the Act
of May 16, 1923, P. L. 207, or any amendment or reenactment thereof.
Any person aggrieved by any action taken by
the Director may request a hearing within 10 days, in accordance with
Article XI of the Rules and Regulations of the Allegheny County Health
Department.[1]
[1]
Editor's Note: See Ch. 200, Administration,
Art. I, Hearings and Appeals.
A.
Civil penalties. A person who violates any of the
provisions of this chapter or any order issued by the Director under
this regulation is subject to a civil penalty in accordance with the
provisions of the Allegheny County Health Department Rules and Regulations,
Article XVI, Environmental Health Civil Penalties.[1]
B.
Summary offenses. Any person who violates any of the
provisions of this chapter or any rule or regulation of the Department,
or who interferes with the Director or any other agent of the Department
in the discharge of his/her official duties, shall, for the first
offense, upon conviction thereof in a summary proceeding before any
district magistrate in Allegheny County, be sentenced to pay the costs
of prosecution and a fine of not less than $30 nor more than $300
and, in default thereof, to undergo imprisonment of not less than
10 days nor more than 30 days.
C.
Misdemeanors. Any person who violates any of the provisions
of this chapter or any rule or regulation of the Department, or who
interferes with the Director or any other agent of the Department
in the discharge of his/her official duties and is convicted of a
second or subsequent offense, shall be guilty of a misdemeanor and
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $500 nor more than $1,000, or to undergo imprisonment not
exceeding one year, or both.
D.
Separate offenses. For the purpose of this section,
violations on separate days shall be considered separate offenses.
Each violation of any separate subsection or section of this chapter
shall constitute a separate offense.
Upon the effective date of this chapter, the
existing Article XIV, Sewage Disposal, effective June 1, 1963, as
amended, is hereby repealed and superseded by this chapter.
