[HISTORY: Adopted by the Board of Supervisors of the Township of
Franconia 3-21-2005 by Ord. No. 328. Amendments
noted where applicable.]
A.
This chapter shall be known and may be cited as "An ordinance
providing for a Sewage Management Program for Franconia Township."
B.
In accordance with municipal codes, the Clean Streams
Law (Act of June 27, 1937, P.L., 1987, No. 394, 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), it is the power and the duty of Franconia Township to provide for adequate
sewage treatment facilities and for the protection of the public health by
preventing the discharge of untreated or inadequately treated sewage. The
Official Sewage Facilities Plan for Franconia Township indicates 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.
C.
The purpose of this chapter is to provide for the regulation,
inspection, maintenance and rehabilitation of on-lot sewage disposal systems;
to further 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.
ALTERNATE SYSTEM
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
COUNTY
DEPARTMENT
INDIVIDUAL SEWAGE SYSTEM
LOT
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this chapter, the following terms shall have
the meanings indicated:
Any system that is listed in the PADEP document Alternate Systems
Guidance, effective date September 20, 2003 (minor revisions were made on
February 6, 2004).
A sewage enforcement officer, employee of Franconia Township, professional
engineer, plumbing inspector, or other qualified or licensed person who is
authorized to function within specified limits as an agent of Franconia Township
to administer or enforce the provisions of this chapter.
The Board of Supervisors, Franconia Township, Montgomery County,
Pennsylvania.
Any sewage system, 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 and/or disposal of the sewage on one or more lots or at
any other site.
The Montgomery County Health Department (MCHD).
The Pennsylvania Department of Environmental Protection (PADEP).
A 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
into any waters of this commonwealth.
A part of a subdivision or a 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 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 condition which occurs when an on-lot sewage disposal system discharges
sewage onto the surface of the ground, into groundwaters of this commonwealth,
into surface waters of this commonwealth, backs up into a building connected
to the system or in any manner causes a nuisance or hazard to the public health
or pollution of ground or surface water or contamination of public or private
drinking water wells. Systems shall be considered to be malfunctioning if
any condition noted above occurs for any length of time during any period
of the year.
A comprehensive plan for the provision of adequate sewage disposal
systems, adopted by the Board of Supervisors of Franconia Township and approved
by the Pennsylvania Department of Environmental Protection, pursuant to the
Pennsylvania Sewage Facilities Act.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface soil absorption
area or retaining tank; this term includes both individual sewage systems
and community sewage systems.
Any individual, association, public or private corporation for profit
or not for profit, partnership, firm, trust, estate, department, board, bureau
or agency of the commonwealth, political subdivision, municipality, district,
authority, or any other legal entity whatsoever which is recognized by law
as the subject of rights and duties. Whenever used in any clause prescribing
and imposing a penalty or imposing a fine or imprisonment, the term "person"
shall include the members of an association, partnership or firm and the officers
of any local agency or municipal, public or private corporation for profit
or not for profit.
Work done to modify, alter, repair, enlarge or replace an existing
on-lot sewage disposal system.
Domestic septage is either liquid or solid material removed from
a septic tank, dosing tank, cesspool, portable toilet, or similar storage
or treatment works that receive only domestic sewage.
Any substance that contains any of 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 water for domestic water supply
or for recreation or which constitutes pollution under the Act of June 22,
1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," as amended.
A person certified by PADEP who is employed either directly or indirectly
by Franconia Township or Montgomery County Health Department. Such person
is authorized to conduct investigations and inspections, review permit applications,
issue or deny permits and do all other activities as may be provided for such
person in the Sewage Facilities Act, the rules and regulations promulgated
thereunder and this or any other ordinance adopted by Franconia Township or
Montgomery County Health Department. Only the SEO employed by the Montgomery
County Health Department is authorized to administrate the sewage facilities
permitting program under Chapter 72 of the PADEP regulations.
Any area or areas of Franconia Township designated in the Official
Sewage Facilities Plan adopted by the Board of Supervisors as an area for
which a sewage management program is to be implemented.
A program authorized by the official action of a municipality for
the administration, management and regulation of the disposal of sewage. This
comprehensive set of legal and administrative requirements encompassing the
requirements of this chapter, the Sewage Facilities Act, the Clean Streams
Law, the regulations promulgated thereunder and such other requirements adopted
by the Board of Supervisors to effectively enforce and administer this chapter.
The division or redivision of a lot, tract or other parcel of land
into two or more lots, tracts, parcels or other divisions of land, including
changes in existing lot lines. The enumerating of lots shall include as a
lot that portion of the original tract or tracts remaining after other lots
have been subdivided therefrom.
The Township of Franconia, Montgomery County, Pennsylvania.
B.
For the purposes of this chapter, any term that is not
defined herein shall have that meaning attributed to it under the Sewage Facilities
Act and the regulations promulgated thereto.
From the effective date of this chapter, its provisions shall apply
in any portion of the Township identified in the Official Sewage Facilities
Plan as a sewage management district. Within such an area or areas, the provisions
of this chapter shall apply to all persons owning any property serviced by
an on-lot sewage disposal system and to all persons installing or rehabilitating
on-lot sewage disposal systems.
A.
No person shall install, construct or request bid proposals
for construction, or alter an individual sewage system or community sewage
system or construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system or
community sewage is to be installed without first obtaining a permit from
the MCHD, which permit shall indicate that the site and the plans and specifications
of such system are in compliance with the provisions of the Clean Streams
Law and the Pennsylvania Sewage Facilities Act and the regulations adopted
pursuant to those Acts.
B.
No building permit shall be issued for a new or expanded
building which will contain sewage-generating facilities until Act 537 planning
approval has been issued by the PADEP and appropriate sewage permit has been
issued by the MCHD Sewage Enforcement Officer.
C.
No occupancy permit shall be issued for a new building
which will contain sewage-generating facilities until the installation of
the on-lot sewage disposal system has been approved by the MCHD Sewage Enforcement
Officer.
D.
No building or occupancy permit shall be issued 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 a permit from the MCHD for 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
MCHD SEO that such a permit will not be required. The MCHD Sewage Enforcement
Officer shall determine whether the proposed alteration or conversion of the
structure will result in increased sewage flows.
E.
Sewage permits may be issued only by an SEO employed
by the MCHD.
A.
Any on-lot sewage disposal system may be inspected by
an authorized agent at any reasonable time as of the effective date of this
chapter.
B.
Such inspection may include a physical tour of the property,
the taking of samples from surface water, wells, other groundwater sources,
the sampling of the contents of the sewage disposal system itself and/or the
introduction of a traceable substance into the interior plumbing of the structure
served to ascertain the path and ultimate destination of wastewater generated
in the structure.
C.
An authorized agent shall have the right to enter upon
land for the purposes of inspections described in this section.
D.
An initial inspection shall be conducted by an authorized
agent within four years of the effective date of this chapter for the purpose
of determining the type and functional status of each sewage disposal system
in the sewage management district.
(1)
The initial inspection shall be scheduled to conform
with the following periods:
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Cycle I (2005): Perkiomen Basin Area
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Cycle II (2006): Indian Creek Basin Area
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Cycle III (2007): Lower Skippack Creek Basin Area
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Cycle IV (2008): Upper Skippack Creek Basin Area
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(2)
A written report shall be furnished to the owner of each
property inspected, and a copy of said report shall be maintained in the Township
records. The report may contain recommendations for improved operation and
maintenance of the system.
E.
A schedule of routine inspections may be established
to assure the proper functioning of the sewage systems in the sewage management
district.
F.
An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the authorized agent shall notify the MCHD SEO and shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of DEP, including but not limited to those outlined in Chapters 71 and 73 of Title 25 of the Pennsylvania Code, or is not technically or financially feasible in the opinion of the authorized agent and the MCHD SEO, then action by the property owner to mitigate the malfunction shall be required.
G.
There may arise geographic areas where numerous on-lot
sewage disposal systems are malfunctioning. A resolution of these areawide
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 Franconia Township
Board of Supervisors, the MCHD and/or the Department, represents a serious
public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
A.
Industrial waste.
B.
Automobile oil and other oils not deemed suitable for
human consumption.
C.
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.
D.
Clean surface or ground water, including water from roof
or cellar drains, springs, basement sump pumps and French drains.
E.
Wastewater resulting from hair treatment at a multi-chaired
beauty shop.
A.
Each person owning a building served by an on-lot sewage
disposal system that contains a septic tank and/or a dosing tank shall have
all tanks pumped within six months of the effective date of this chapter by
a sewage pumper/hauler licensed by the PADEP and authorized by the Board or
its agent. Thereafter, that person shall have the tank pumped at least once
every three years or whenever an inspection reveals that the bottom of the
scum layer is six inches above the bottom of outlet tee or the top of the
sludge layer is within 12 inches of the outlet tee. Receipts from the pumper/hauler
shall be submitted to the Township within the prescribed seven days of pumping/hauling
operations.
B.
The required pumping frequency may be increased at the
discretion of an authorized agent if the septic tank is undersized, if solids
buildup in the tank is above average, 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. If any
person can prove that such person's septic tank had been pumped within
three years of the six-month anniversary of the effective date of this chapter,
then that person's initial required pumping may be delayed to conform
to the general three-year frequency requirement, except where an inspection
reveals a need for more frequent pumping intervals.
C.
Any person owning a property served by a septic tank
shall submit, with each required pumping receipt, a written statement from
the pumper/hauler or from any other qualified individual acceptable to the
Township that the baffles in the septic tank have been inspected and found
to be in good working order. Any person whose septic tank baffles are determined
to require repair or replacement shall first contact a sewage enforcement
officer for approval of the necessary repair.
D.
Any person owning a building served by an on-lot sewage
disposal system that contains an aerobic treatment tank shall follow the operation
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. In no
case may the service or pumping intervals for aerobic treatment tanks exceed
those required for septic tanks.
E.
Any person owning a building served by a cesspool or
dry well shall have that system pumped according to the schedule prescribed
for septic tanks. As an alternative to this scheduled pumping of the cesspool
or dry well, the owner may apply for a sewage permit from a sewage enforcement
officer for a septic tank to be installed preceding the cesspool or dry well.
For a system consisting of a cesspool or dry well preceded by an approved
septic tank, only the septic tank must be pumped at the prescribed interval.
F.
Any person owning a building served by an individual
residence spray irrigation (IRSIS) system shall follow the operation and maintenance
recommendations of the equipment manufacturer and the Department' recommendations.
A copy of the manufacturer's recommendations and a copy of the service
agreement shall be submitted to the Township.
G.
Any person owning a building served by an on-lot sewage
disposal system that was considered an alternate system shall follow the operation
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. In no case may the service or pumping intervals
for the alternate systems exceed those required for septic tanks.
H.
Additional maintenance activity may be required as needed,
including but not necessarily limited to cleaning and unclogging of piping,
servicing and the repair of mechanical equipment, leveling of distribution
boxes, tanks and lines, removal of obstructing roots or trees, the diversion
of surface water away from the disposal area, etc.
A.
No person shall operate or maintain an on-lot sewage
disposal system in such a manner that it malfunctions. All liquid wastes,
including kitchen and laundry wastes and water softener backwash, shall be
discharged to a treatment tank. No sewage system shall discharge untreated
or partially treated sewage to the surface of the ground or into the waters
of the commonwealth unless a permit for such discharge has been obtained from
PADEP.
B.
A written notice of violation shall be issued to any
person who is the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging raw or partially treated
sewage without a permit.
C.
Within seven days of notification by the Township that
a malfunction has been identified, the property owner shall make application
to the MCHD Sewage Enforcement Officer for a permit to repair or replace the
malfunctioning system. Within 30 days of initial notification by the Township,
construction of the permitted repair or replacement shall commence. Within
60 days of the original notification by the Township, the construction shall
be completed unless seasonal or unique conditions mandate a longer period,
in which case the Township shall set an extended completion date.
D.
The MCHD Sewage Enforcement Officer and the Township's
authorized agent shall both have the authority to require the repair 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 treatment tank, expanding the existing disposal area, replacing
the existing disposal area, replacing a gravity distribution system with a
pressurized system, replacing the system with a holding tank, or any other
alternative appropriate for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, the MCHD Sewage Enforcement Officer and 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.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to PADEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.
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 that malfunction. The Township and MCHD may require whatever action is
necessary to lessen or mitigate the malfunction to the extent necessary.
The Township, upon written notice from the authorized agent or from
the MCHD Sewage Enforcement Officer that an imminent health hazard exists
due to failure of a property owner to maintain, repair or replace an on-lot
sewage disposal system as provided under the terms of this chapter, shall
have the authority to perform, or contract to have performed, the work required
by the authorized agent or the MCHD Sewage Enforcement Officer. The owner
shall be charged for the work performed and, if necessary, a lien shall be
entered therefor in accordance with law.
A.
All septage originating within the sewage management
district shall be disposed of in accordance with the requirements of the Solid
Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 et
seq.) and all other applicable laws and at sites or facilities approved by
PADEP. Approved sites or facilities shall include the following: septage treatment
facilities, wastewater treatment plants, composting sites, and approved farmlands.
B.
Pumper/haulers of septage operating within the sewage
management district shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003)
and all other applicable laws. All pumper/haulers of septage shall be PADEP-certified
and registered with the Township.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of this chapter.
B.
The Township shall employ qualified individuals to carry
out the provisions of this chapter. Those employees shall include a sewage
enforcement officer and may include an administrator and such other persons
as may be necessary. The Township may also contract with private qualified
persons or firms as necessary to carry out the provisions of this chapter.
C.
All permits, records, reports, files and other written
material relating to the installation, operation and maintenance and malfunction
of on-lot sewage disposal systems in the sewage management district shall
become the property of, and be maintained by, the Township. Existing and future
records shall be available for public inspection during regular business hours
at the official office of the Township. All records pertaining to sewage permits,
building permits, occupancy permits and all other aspects of the sewage management
program shall be made available, upon request, for inspection by representatives
of the Pennsylvania Department of Environmental Protection.
D.
The Board of Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this chapter.
E.
The Board of Supervisors may establish a fee schedule,
and authorize the collection of fees, to cover the cost to the Township of
administering this program, consistent with local municipal code.
A.
Appeals from final decisions of the Township or any of
its authorized agents under this chapter shall be made to the Board of Supervisors
in writing within 30 days from the date of written notification of the decision
in question.
B.
The appellant shall be entitled to a hearing before the
Board of Supervisors at its next regularly scheduled meeting, if a written
appeal is received at least 14 days prior to that meeting. If the appeal is
received within 14 days of the next regularly scheduled meeting, the appeal
shall be heard at the next regularly scheduled meeting. The Township shall
thereafter affirm, modify, or reverse the aforesaid decision. The hearing
may be postponed for a 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 in writing within 30 days
of the date of the hearing.
D.
Hearings under this subsection shall be conducted pursuant
to the Act of December 2, 1968, (P.L. 1133, No. 353), known as the "Local
Agency Law."
Any person failing to comply with any provision of this chapter shall
be subject to a fine of not less than $100 and costs and not more than $300
and costs or, in default thereof, shall be confined in the county jail for
a period of not more than 30 days. Each day of noncompliance shall constitute
a separate offense.
