[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen 12-15-2005 by Ord. No. 605. Amendments noted where
applicable.]
This chapter shall be known as and may be referred
to as the Upper Allen Township "On-Lot Sewage Disposal System (OLSDS)
Management Ordinance."
The purpose of this chapter includes:
A.
Regulation of the installation, inspection, operation,
rehabilitation, replacement and timely ongoing maintenance of OLSDSs
within the Township;
B.
Establishment of provisions and safeguards for the
Township which enable the issuance of permits for OLSDSs by and through
the Sewage Enforcement Officer (SEO);
C.
Registration of pumper/hauler businesses that remove
and dispose of septage;
D.
Establishment of minimum standards for the periodic
pumping, treatment, dosing and lift-pump tanks which are components
of OLSDSs;
E.
Adoption of standards for inspection and pumping of
systems and tanks; and
F.
Provision for the Township to take action to correct
conditions which are declared public nuisances or hazards to the public
health.
A.
As mandated by the Municipal Codes, the Clean Streams
Law (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), municipalities
have the power and the duty to provide adequate sewage treatment facilities
for the protection of the public health by preventing the discharge
of untreated or inadequately treated sewage. The Board of Commissioners
of Upper Allen Township recognizes that individual and community OLSDSs
constitute a valid and approved manner of protecting the quality of
the water and other natural resources of the Township through proper
treatment of wastes generated by certain development within the Township.
The use of OLSDSs must be regulated in accordance with the regulations
promulgated by the Pennsylvania Department of Environmental Protection
(DEP), which pertain to the location and permitted types of OLSDSs.
In addition, the Township has determined that, should the OLSDSs installed
by a landowner fail, thereby endangering the health and welfare of
the residents and visitors, the Board of Commissioners desires to
require that all landowners provide and set aside areas for the installation
of replacement individual OLSDSs.
B.
It is the further intent of the Board of Commissioners
to insure that OLSDSs are properly maintained. Failure to maintain
an OLSDS can eventuate into a pollution of the groundwater and other
natural resources of the Township. OLSDSs must be pumped on a regular
basis to ensure such maintenance is performed. In order to determine
that OLSDSs within the Township are being maintained properly, all
landowners using OLSDSs shall file manifests with the Township concerning
such service. The pumpers/haulers shall also be required to report
any OLSDS to the Township which is polluting groundwater, surface
waters or discharging sewage to the surface of the ground.
Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code, as promulgated by the DEP, are hereby adopted as the sewage permit application and installation procedure of the Township and each and all of the regulations contained in the said chapters are hereby adopted by the Township, except as specifically modified by this chapter. It is the intent of the Board of Commissioners of Upper Allen Township to adopt automatically, without further action of the Board, all subsequent amendments and revisions to the said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt the said chapters as they existed on the effective date of this chapter.
A.
General terms. In the interpretation of this section,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
B.
ACT
ALTERNATIVE SYSTEM
AUTHORITY
AUTHORIZED AGENT
BOARD
CESSPOOL
COMMUNITY SEWAGE SYSTEM
DEP
GRAY WATER
INDIVIDUAL SEWAGE SYSTEM
LAND DEVELOPMENT
(1)
(2)
(3)
LOT
MANAGEMENT PROGRAM
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM (OLSDS)
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
POLLUTION/POLLUTING
PRIMARY AREA
PUMPER/HAULER BUSINESS
PUMPER/HAULER
PUMPER'S REPORT
REPAIR
REHABILITATION
REPLACEMENT AREA
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE FACILITIES
SUBDIVISION
TOWNSHIP
TREATMENT TANK
(1)
(2)
Specific terms. For the purposes of this section,
the terms used shall be construed to have the following meanings:
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A system for the disposal of domestic wastewaters not operating
below ground level but located on or near the site of the building
or buildings being served (e.g., composting toilets, gray water recycling
systems, incinerating toilets, spray irrigation and black water recycling
systems, etc.).
Upper Allen Township Authority, a Pennsylvania municipality
authority.
A licensed sewage enforcement officer, professional engineer
or sanitarian, plumbing inspector, soils scientists, or any other
qualified or licensed person who is delegated to function within the
specified limits as the agent of the Board of Commissioners of Upper
Allen Township to carry out the provisions of this chapter.
The Board of Commissioners of the Township of Upper Allen,
Cumberland County, Pennsylvania.
A covered pit with open-jointed lining which receives the
sewage or other organic wastes directly from a building drain or building
sewer. The pit retains the solid waste and allows the liquid waste
to pass through its bottom and sides.
Any system, whether publicly or privately owned, which collects
sewage from two or more lots or uses. Treatment and/or disposal of
the sewage occurs on one or more of the lots or at any other site
which shall comply with all applicable regulations of the DEP.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency.
Used water from a laundry, bath, or kitchen sink.
Any 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 any waters of the Commonwealth of Pennsylvania.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving a group
of two or more residential or nonresidential buildings, whether proposed
initially or cumulatively, or a single nonresidential building on
a lot or lots, regardless of the number of occupants or tenure; or
the division or allocation of land or space, whether initially or
cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land; or
Development in accordance with Section 503 (1.1)
of the Municipalities Planning Code (Act 170 of 1988, as amended).
A designated parcel, tract, or area of land established by
a plot or otherwise as permitted by and to be used, developed or built
upon as a unit.
The management program shall encompass the entire area of
Upper Allen Township where public sewage disposal service is not available
and wastewater service is provided by OLSDS or any other alternative
system which discharges into the soils of the Township or the waters
of the commonwealth. All systems shall be operated under the jurisdiction
of the Township and other applicable laws of the Commonwealth of Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Township and approved by DEP in accordance
with the Act and with applicable DEP regulations.
Any sewage system disposing of sewage in whole or in part
into the soil of the lot it serves or any waters of the Commonwealth
of Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any owned property.
Any individual, company, association, society, trust, corporation
or other group or entity.
A revision to, or exception to the revision of, the official
sewage facilities plan of the Township submitted in connection with
the request for approval of a subdivision or land development in accordance
with DEP regulations.
The discharge of raw or partially treated sewage to the surface
water, groundwater, or surface of the ground.
An area on a lot, tract or parcel of land that has been tested
by the SEO and found suitable, based upon the then-current DEP site
requirements, for the installation of an OLSDS, and which will be
preserved and protected from alteration for installation of the initial
OLSDS for sewage generated on that lot, tract, or parcel.
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a community or
individual OLSDS and evacuates and transports the sewage cleaned therefrom,
whether for a fee or free of charge.
A person who engages in cleaning any or all components of
a community or individual OLSDS and evacuates and transports the sewage
cleaned therefrom, whether for a fee or free of charge, and is certified
by the Pennsylvania Septic Management Association to perform on-lot
management treatment inspection.
A form, provided by the Township, which shall be used by
all pumpers/haulers to report every pumping of an OLSDS in the Township.
Work done to modify, alter, rehabilitate or enlarge an existing
OLSDS.
Work done to modify, alter, repair, enlarge or replace an
existing OLSDS.
An area designated as the future location of an OLSDS that
shall be installed should the initial OLSDS fail or otherwise become
inoperable. The area shall meet all the regulations of DEP and all
applicable Township ordinances for an OLSDS.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains gray water, waste products, excrement
or other discharge from the bodies of human beings or any noxious
or deleterious substance harmful to public health, to animal or aquatic
life, to the use of water for domestic water supply or 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.[1]
Any method of sewage collection, conveyance, treatment, and
disposal which will prevent the discharge of untreated or inadequately
treated sewage into the waters of the commonwealth or otherwise provide
for the safe and sanitary treatment of sewage.
As defined by the Upper Allen Township Land Development Ordinance,[2] a "subdivision" is the division or redivision of a lot,
tract or parcel of land, by any means, into two or more lots, tracts,
parcels or other divisions of land, including changes in existing
lot lines, for the purpose, whether immediate or future, of lease,
partition by the court for distribution to heirs or devisees, transfer
of ownership or building or lot development; provided, however, that
the subdivision by lease of land for agricultural purposes into parcels
of more than 10 acres not involving any new street or easement of
access or any residential dwelling shall be exempted.
The Township of Upper Allen, Cumberland County, Pennsylvania,
a Pennsylvania municipality, acting by and through its Board of Commissioners,
in appropriate cases, acting by and through its authorized representatives.
A water-tight tank designed to retain sewage long enough
for satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its point of discharge.
C.
All other definitions of words and terms used in this chapter shall have the same meaning as set forth in Chapter 73, Standards for On-Lot Sewage Treatment Facilities, of Title 25, Department of Environmental Protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
From the effective date of this chapter, its
provisions shall apply to all persons owning any property serviced
by an individual or community OLSDS and to all persons installing,
repairing or rehabilitating such systems.
No person shall install, construct or alter
an individual sewage system or community sewage system or install
or occupy any building or structure for which an individual sewage
system or community sewage system is to be installed without first
obtaining a permit from the Sewage Enforcement Officer of Upper Allen
Township indicating that the site, plans and specifications of such
system are in compliance with the provisions of the Pennsylvania Sewage
Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35
P.S. § 750.1 et seq.) and the rules and regulations adopted
by the Department of Environmental Resources pursuant thereto. A permit
shall be required regardless of the size of the lot or tract of ground
on which the building or structure is to be constructed, altered or
occupied.
No person, firm or corporation shall construct,
alter or extend any individual or community sewage disposal system
within the Township of Upper Allen, Cumberland County, Pennsylvania,
unless he/she holds a valid permit issued by the person or officer
charged with the issuance thereof. Permits shall be issued, if they
comply with the Pennsylvania Sewage Facilities Act and the rules and
regulations issued in connection therewith, upon the payment of a
fee as designated by the Commissioners of Upper Allen Township. The
term "individual sewage disposal system" shall mean one system per
residential unit. Community sewage disposal systems shall mean sewage
disposal units as described in the rules and regulations of the Department
of Environmental Protection, and permits therefor shall be issued
upon the payment of a fee as designated by the Commissioners of Upper
Allen Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Appeals from a refusal to grant permits and
inspection of installations of individual or community sewage disposal
systems shall be as provided by the Pennsylvania Sewage Facilities
Act and the rules and regulations as promulgated thereunder, a copy
of which shall always be kept at the Sewer Department Office of the
Township of Upper Allen, Cumberland County, Pennsylvania, where the
same may be inspected during office hours.
The local agency official who issues permits,
reviews permit applications and sewage facilities planning modules
and conducts investigations and inspections necessary to implement
the Sewage Facilities Act and the regulations thereunder; more specifically,
the duties of the SEO shall include the following:
A.
Issue, deny or revoke septic system permits in accordance
with state regulations and standards.
B.
Review soil profiles (deep probes) and percolation
tests.
C.
Inspect newly-installed systems to ensure proper installation.
D.
Conduct initial septic system site investigations
to document conditions, determine the causes of malfunctions, and
decide the extent of the repair needed to resolve septic system malfunction
problems.
E.
Issue a notice of violation to the responsible property
owner for a failed septic system and issue a sewage permit application
for the proper system repair.
F.
Issue the responsible property owner a permit to repair
or replace the malfunctioning system after any necessary site testing
has been done and an acceptable system design has been submitted.
A.
Any person who shall install a new OLSDS shall use
underground warning tape to identify the location of all treatment
tanks and appurtenances. The underground warning tape shall be buried
six inches below finished grade. The underground warning tape shall
be magnetic polyethylene tape, three inches in width with a minimum
lettering of one inch.
B.
In addition, a manhole riser and cover shall be installed
for each compartment on all new septic tanks to enable easy access
for cleaning, inspection and repair. The riser(s) shall bring the
cover to the finished surface grade.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Requirements:
(1)
A replacement area for an individual or community OLSDS shall be provided for all new lots which are not serviced by public sewer. Lots that are served by an OLSDS that existed prior to the effective date of this chapter shall be exempt from the requirements of this Subsection A.
(2)
The replacement area provided shall comply with the
Act, with all regulations issued by DEP concerning OLSDS, including
isolation distances, and with the terms of this chapter and any other
applicable Township ordinances.
B.
Identification of replacement area:
(1)
Each applicant who shall submit a plan for subdivision or land development, or who shall request approval of a planning module for land development or the adoption of a revision, planning exemption, or supplement to the official sewage facilities plan, shall demonstrate to the satisfaction of the SEO that a functional OLSDS and a suitable replacement area exist on the residual lot. To confirm the suitability of the primary area and replacement area, the SEO shall perform or observe all soil tests required in Chapter 73 of the Act for the location of an OLSDS.
(2)
The location of the initial OLSDS and the replacement
area(s), as confirmed by the SEO, shall be identified on a plot plan
and diagram submitted as part of the permit application.
(3)
If the application is for a subdivision or land development plan approval or as part of a request that the Township approve a planning module for land development to amend its official sewage facilities plan, or approval of a request for a planning exemption to the revision of the official sewage facilities plan, the location of each initial OLSDS, and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note shall also be added to the plans stating that no improvements shall be constructed upon the primary area and replacement area with the exception of those identified in Subsection C herein below.
(4)
An owner may submit a written request for planning
exemption to submit a sewage facilities planning module for any new
lot using the application mailer as provided for by the Act and for
which said request must be approved by the Township and the DEP.
(5)
Any revisions to a permit or plan affecting a replacement
area which previously has been approved pursuant to the provisions
of this chapter shall be reviewed for approval by the SEO and forwarded
to the Board of Commissioners of Upper Allen Township and the owner.
C.
Construction restrictions:
(1)
The site for the primary area and replacement area
shall be protected and a note added upon the plan stating that no
permanent or temporary improvements of any character, other than shallow-rooted
plant matter, shall be constructed upon the identified suitable on-lot
sewage disposal test areas. Movable structures (without foundations),
such as sheds, fences, and animal shelters, may be placed in the replacement
area.
(2)
This provision shall be enforced by the Township unless
the person who desires to construct such improvements shall demonstrate
to the satisfaction of the SEO that an alternate replacement area,
which complies with all applicable regulations of DEP, this chapter
and all other applicable Township ordinances, exists upon the lot.
If an alternate replacement area is identified, the alternate replacement
area shall be designated the replacement area required by this chapter.
The owner shall provide a revised plot plan to the Township showing
the location of the new replacement area.
(3)
The replacement area may consist of an area set aside
for any OLSDS that is acceptable to the DEP.
A.
All OLSDSs shall be operated by the owner in a manner
that is in full compliance with the terms of this chapter, the DEP
regulations, and the system's permit.
B.
Only sewage shall be discharged into an OLSDS.
C.
The following shall not be discharged into any individual
or community sewage system:
A.
The owner of a property upon which an OLSDS is located
shall at all times operate and maintain the system in such condition
as will permit it to function in the manner in which it was designed
and to prevent the unlawful discharge of sewage.
B.
The owner of a property upon which an OLSDS is located
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance and pumping.
C.
In the event an owner detects conditions that indicate
or could reasonably be interpreted to indicate the OLSDS is not operating
properly, the owner shall contact the SEO and, if repair or replacement
is necessary, apply for and obtain a permit to repair or replace the
system.
D.
Every treatment tank or cesspool shall be pumped out according to the pumping schedule in § 199-15C of this chapter. If a component's manufacturer requires a more frequent pumping interval than contained in this chapter, that interval shall be deemed the minimum interval for pumping.
E.
When a treatment tank is pumped out, all dosing tanks,
sand filter tanks, lift tanks and other tanks associated with the
system shall also be pumped out.
A.
The Township is hereby divided into three districts,
designated Districts 1, 2 and 3 as illustrated on the On-Lot Sewer
Management District Map, which is incorporated by reference into this
chapter as Appendix 1,[1] and as may be amended from time to time.
[1]
Editor's Note: Said Map is on file in the
Township offices.
B.
Every OLSDS in the Township shall be inspected and
every treatment tank or cesspool associated with every OLSDS shall
be pumped at least one time between the effective date of this chapter
and December 31, 2008.
C.
Districts and pumping schedule. The requirements of
this section shall become effective in a sequential manner as follows:
District
|
First Pumping and Inspection Shall Be
Completed By
|
---|---|
1
|
12/31/06
|
2
|
12/31/07
|
3
|
12/31/08
|
D.
After the initial pumping/inspection, all treatment tanks or cesspools in an OLSDS shall continue to be pumped and inspected at a regular interval of once every three years within the prescribed interval and time frame set forth in § 199-15C for each district. Treatment tanks that have been subject to more frequent pumping, by the nature of their size, loading rate or other system characteristics, should continue to receive that frequency of pumping.
[Amended 7-2-2008 by Ord. No. 655]
E.
The Township may allow Treatment Tanks to be pumped
out at less frequent intervals when the owner can demonstrate to the
Township that the property the OLSDS serves is not occupied on a full-time
basis, or for other acceptable reasons. Such a request may be made
at any time and must be in writing. The Township, in making its determination,
shall take into account the information submitted by the applicant,
the sewerage permit issued by the SEO, and any other supporting documentation
or information. The Township may also conduct an on-site inspection
of the OLSDS to verify its current condition. The applicant shall
bear the cost of any inspection or soil and water sampling conducted
for the purposes of evaluating the request.
F.
The required pumping frequency may be increased at the discretion of the Township if the treatment tank is undersized; if solids' buildup is above average; if the hydraulic load on the system increases significantly; if a garbage grinder is used; if the system malfunctions; or if the treatment tank is 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. If an owner can submit written proof that their treatment tank had been pumped within one year of the date set forth in § 199-15C hereinabove, then the Township may delay, change or alter that owner's initial required pumping schedule to conform to the general three-year frequency requirements.
[Amended 10-17-2007 by Ord. No. 646]
A.
Each pumper/hauler shall have a person, certified
by the Pennsylvania Septic Management Association, present during
the initial and subsequent pumping to inspect, observe, confirm and
report on the condition of the OLSDS.
C.
The pumper's report shall be on a Township-provided
form, which is incorporated by reference into this chapter as Appendix
2,[1] and as may be amended from time to time without the requirement
to amend this chapter. The pumper's report shall include the required
information as outlined on Appendix 2.
[1]
Editor's Note: Said Report form is on file
and available in the Township offices.
D.
Should the pumping/inspection reveal that the OLSDS
is polluting the groundwaters, surface waters or discharging to the
surface of the ground, the pumper/hauler shall notify the Township
who shall notify the owner to take corrective action of the pollution.
E.
In the event that an owner fails to carry out the
requirements for the initial or subsequent pumping/inspection, the
SEO shall have the right to enter upon land for the purpose of conducting
inspections required by this chapter.
F.
The SEO shall make an effort to contact the owner,
current tenant, or both, in writing, prior to conducting the inspection.
The notice shall include the date and time of the inspection and the
reason for the inspection. If the owner or tenant cannot be reached
and, in the judgment of the SEO, there is an immediate and substantial
safety, water pollution or health hazard, the SEO may enter upon the
property and proceed with the inspection of the OLSDS.
G.
No provision of this chapter shall require notice
to be given before entry, where it can be observed from a public street
or abutting property with the consent of abutting property owner that
an OLSDS is polluting.
H.
Any OLSDS or an alternative system which contains
an aerobic sewage treatment tank shall follow the operating and maintenance
recommendations of the equipment manufacturer. A copy of the manufacturer's
recommendations and a copy of the service agreement shall be submitted
to the Township within six months of the effective date of this chapter.
Thereafter, service receipts shall be submitted to the Township at
the intervals specified by the manufacturer's recommendations.
I.
The Township may require additional maintenance activity
as needed, including but not necessarily limited to cleaning and unclogging
of piping, servicing and repair of mechanical equipment; leveling
of distribution boxes, tanks and lines; removal of obstructing roots
or trees; and diversion of surface water away from the disposal area.
Repair or rehabilitation permits issued by the SEO must be secured
before these activities are commenced.
A.
No person shall operate or maintain an OLSDS in such
a manner that it causes pollution. All liquid wastes, including bathroom,
kitchen and laundry wastes and water softener backwash, shall be discharged
to a treatment tank. No sewage facility shall discharge untreated
or partially treated sewage to the surface of the ground or into the
waters of the commonwealth unless a permit to discharge has been obtained
from the DEP.
B.
The Township shall issue a written notice of violation
to any person who is the owner of a property in the Township which
is found to be served by an OLSDS which is discharging raw or partially
treated sewage to the surface water, groundwater or surface of the
ground.
C.
Within seven days of notice of violation by the Township
that a pollution has been identified, the owner shall make application
to the Township's SEO for a repair or rehabilitation permit to abate
the pollution. Within 90 days of the original notification by the
Township, construction of the permitted repair or rehabilitation shall
commence. Within 120 days of the original notification by the Township,
the repair or rehabilitation shall be completed, unless seasonal or
unique conditions mandate a longer period, in which case the Township
may set an extended completion date.
D.
The Township shall compel or may take immediate corrective
action whenever the pollution represents a public health hazard or
environmental threat.
E.
The Township's SEO shall have the authority to require
the repair or rehabilitation of any pollution by the following methods:
cleaning, repair or replacement of components of the existing system;
adding capacity or otherwise altering or replacing the system's treatment
tank; expanding the existing disposal area; replacing the existing
disposal area; replacing a gravity distribution system with a pressurized
system; or other alternatives as appropriate for the specific site,
in accordance with the Act.
F.
In lieu of or in combination with the remedies described in § 199-17E, the SEO may require the installation of water conservation equipment and the institution of water conservation practices in structures having an OLSDS. Water-using devices and appliances in the structure may be retrofit with water-saving appurtenances or they may be replaced by water-conserving devices and appliances. Wastewater generated in the structure may also be reduced by water-usage patterns in the structure served.
G.
In the event that the repair or rehabilitation measures in § 199-17A through F are not feasible or do not prove effective, the Township may require the owner to apply for a permit to install a holding tank in accordance with Township ordinance. Upon receipt of said permit, the owner shall complete the installation of the holding tank within 90 days, unless seasonal or unique conditions mandate a longer period, in which case the Township may set an extended completion date.
The Township, upon written notice from the SEO
that an imminent health hazard exists due to failure of an owner to
maintain, repair or rehabilitate an OLSDS as provided under the terms
of this chapter, shall have the authority to perform or contract to
have performed the work required by the SEO. The owner shall be charged
for the work performed and, if necessary, a lien shall be entered
therefor in accordance with law.
A.
Each pumper/hauler business providing pumping services
to owners of an OLSDS within the Township, including but not limited
to pumping out the OLSDS, shall register with the Township. Such registration
shall include, but is not limited to, the following:
(1)
The name, address, and telephone number of the pumper/hauler
business.
(2)
Identification of all persons that will perform these
services in the Township.
(3)
List of all vehicles, including make, year, model
and motor vehicle registration number.
(4)
Copy of general liability and motor vehicle insurance
coverage.
(5)
Copy of membership in the Pennsylvania Septic Management
Association.
(6)
Documentation that there is at least one person employed
by the pumper/hauler business who is certified by the Pennsylvania
Septic Management Association to perform on-lot management treatment
inspections.
(7)
Identify the location(s) at which the pumper/hauler
business proposes to dispose of septage collected in the Township
that shall be valid for the calendar year.
B.
The pumper/hauler business shall pay an annual registration
fee, which is established hereby with the amount thereof set by resolution
by the Board.
C.
No person other than a registered pumper/hauler business
shall be permitted to remove septage from any OLSDS in the Township.
D.
The Township shall maintain a list of registered pumper/hauler
businesses.
A.
All septage originating within the Township shall
be disposed of at sites or facilities approved by the DEP. Approved
sites or facilities shall include the following: Septage treatment
facilities, wastewater treatment plants, composting sites, and DEP-approved
farmlands.
B.
All pumpers/haulers operating within the Township
shall operate in a manner consistent with the provisions of Pa. Code,
Title 25, Environmental Protection, Chapter 285 and the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
through 6018.1003).
A.
The Township shall establish all administrative procedures
necessary to carry out the provisions of this chapter.
B.
The Township may employ a secretary, administrator
or other persons as needed to carry out the provisions of this chapter.
The Township may also appoint an authorized agent or may contract
with private individuals or firms as necessary to carry out the provisions
of this chapter.
C.
All permits, records, reports, files and other written
material related to the installation, operation and maintenance of
Township OLSDSs shall become the property of the Township. Existing
and future records shall be available for public inspection during
regular business hours at the Township office. All records pertaining
to sewage permits, building permits, occupancy permits, and all other
aspects of the Township's management program shall be made available,
upon request, for inspection, in accordance with the Pennsylvania
Open Records Law.
The Board may, by resolution, establish a fee
schedule and collect fees to cover the Township's costs of administering
this chapter.
A.
It shall be illegal to construct, alter, repair or
rehabilitate an OLSDS without first obtaining a permit for the installation
or repair from the SEO.
B.
Appeals
from refusal to grant on-lot sewage disposal permits and inspection
of installations. Appeals from a refusal to grant permits and inspection
of installations of individual or community sewage disposal systems
shall be as provided by the Pennsylvania Sewage Facilities Act and
the rules and regulations as promulgated thereunder, a copy of which
shall always be kept at the offices of Upper Allen Township, Cumberland
County, Pennsylvania, where the same may be inspected during office
hours.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
It shall be illegal to fail to maintain the components
of an OLSDS at the intervals specified in this chapter, or those specified
by the equipment manufacturer.
D.
It shall be illegal for a pumper/hauler business to
fail to register and/or file all required reports in a timely manner
as required by this chapter.
E.
Any person, firm or corporation who or which violates
any of the provisions of this chapter or of the Pennsylvania Sewage
Facilities Act, Act of January 24, 1966, P.L. 1535, or of the rules,
regulations or standards of the Department of Health promulgated thereunder
and referred to herein or any provisions of any regulation adopted
by the Board of Commissioners of Upper Allen Township, Cumberland
County, Pennsylvania, shall, upon conviction thereof in a summary
proceeding before a Magisterial District Judge in Upper Allen Township,
Cumberland County, Pennsylvania, be sentenced to pay a fine of not
less than $500 and not more than $5,000, and costs, or, in default
thereof, shall be confined in the Cumberland County Jail for a period
of not more than 30 days; and each day's failure to comply shall constitute
a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Each day of a continuing violation shall be considered
a new and separate violation of this chapter and shall be subject
to separate fine.
G.
Upon discovery of any violation of this chapter, the
Township may, at its option, forgo any prosecution hereunder, and
may grant to the owner a period of up to 30 days to initiate corrective
action with the provisions of this chapter. Upon failure of the owner
to effect such compliance, the Township may initiate prosecution as
hereinabove set forth.
H.
Conflicts
with other legislation. In any case where a provision of this chapter
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance or code of this Township of Upper
Allen existing on the effective date of this chapter, the provision
which establishes the higher standard for the promotion and protection
of the health and safety of the people shall prevail. In any case
where a provision of this chapter is found to be in conflict with
a provision of any other ordinance or code of the Township of Upper
Allen existing on the effective date of this chapter which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this chapter shall be deemed
to prevail, and such other ordinance or codes are hereby declared
to be repealed to the extent that they may be found to be in conflict
with this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
I.
Any pumper/hauler business which has been found guilty
by a Magisterial District Judge for violations of this chapter, or
which fails to comply with any of the provisions of this chapter,
or which violates the conditions of its DEP permit relating to the
handling, treatment or disposition of septage, or of any state law
or Township ordinance governing its operation, shall be barred from
operating within the Township for a period of one year.
J.
In addition to any other actions to obtain compliance,
the Township may assess civil penalties as described in the Act.
This chapter shall become effective January
1, 2006, and may be amended from time to time in accordance with procedures
established by law.