[Adopted 2-17-2004 by Ord. No. 2004-1]
A.
This article shall be known and may be cited as "An
Ordinance Providing for a Sewage Management Program for Thornbury
Township, Chester County."
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 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"), specifically Title 25, Chapter 71, Section
71.71, it is the power and the duty of Thornbury Township to provide
for adequate sewage treatment facilities and for the protection of
the public health by prohibiting the discharge of untreated or inadequately
treated sewage. The official sewage facilities plan for Thornbury
Township states 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 article is to provide for the
regulation and regular cleaning of on-lot sewage disposal systems;
to 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.
D.
The purpose of this article is also to provide for
the establishment of a continuing education program on the proper
use, operation and maintenance of on-site sewage systems.
For the purposes of this article, certain terms
and words used herein shall have the following meaning:
The Township Zoning Officer, a sewage enforcement officer,
employee of the Township, professional engineer, or any other qualified
or licensed person who is authorized to function within specified
limits as an agent of Thornbury Township to administer or enforce
the provisions of this article.
The Board of Supervisors of Thornbury Township, Chester County,
Pennsylvania.
A sewage collection, treatment and disposal system serving
a nonresidential use generating in whole or in part other than sanitary
waste; or a nonresidential use generating more than one EDU of sanitary
waste per day, or serving more than one single-family dwelling unit;
or serving an institutional use. A dormitory, hotel, bed-and-breakfast
or rooming housing shall not be considered as a single-family dwelling
unit.
A parcel of land, the land area of which is contiguous and undivided by a street and which conforms to the provisions of Chapter 115, Subdivision and Land Development, and Chapter 155, Zoning, and any other Township ordinances, codes, regulations, plans and maps, or any other parcel or tract of land, whether or not improved.
The condition that occurs when any sewage facility pollutes
ground- or surface water; contaminates private or public drinking
water supplies: or creates a nuisance or a hazard to public health:
A system of piping, treatment tanks or other facilities serving
a single lot and collection, treating and disposing of sewage into
a subsurface absorption area or spray irrigation system.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania, or any department or agency of the commonwealth succeeding
to the existing jurisdiction or responsibility of that Department.
Any individual, partnership, corporation or other legal entity.
A watertight receptacle which receives and retains sewage
and is designed and constructed to hold sewage pending the ultimate
disposal of the sewage at another site.
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 substance being harmful or inimical
to the public health or to animals or aquatic life or to the use of
water for domestic water supply or for recreation.
The official of the local agency (Chester County Health Department
and The Department of Environmental Protection) who reviews permits
application and sewage facilities planning modules, issues permits
as authorized under the Act, and conducts the investigations and inspections
that are necessary to implement the Act.
Thornbury Township, Chester County, Pennsylvania.
A watertight receptacle which receives the discharge of sewage
from a house or building sewer line and is designed and constructed
so as to permit settling of settleable solids from the liquid digestion
of the organic mailer by detention and discharge of the liquid portion
into a distribution system or pit for underground dispersion or elevated
sand mound, individual spray irrigation. Treatment tanks include septic
tanks, cesspools, aerobic units and the like.
A.
The requirements of this article shall be effective
throughout the municipal limits of Thornbury Township, Chester County,
Pennsylvania.
B.
Operation and maintenance.
(1)
The operation, maintenance and repair of an individual
on-lot sewage system shall be the responsibility of the lot owner.
(2)
It shall be the responsibility of the owner of a lot which utilizes an on lot sewage disposal system to have it pumped in accordance with the schedule set forth in § 105-53 and to make such other repairs or replacements as are necessary to prevent the malfunctioning of the system.
(3)
The construction, repair and/or replacement of individual
on-lot disposal systems shall be subject to the issuance of appropriate
permits by the Chester County Health Department.
C.
Education. It shall be the responsibility of the Township
Manager to provide to Township residents educational materials and/or
information on the proper use and maintenance of a sewage system.
A.
Treatment tank system. The owner of a lot which uses
a treatment tank system must have the tank(s) pumped and the contents
disposed of at a licensed sewage disposal facility at least once every
three years by a Chester County Health Department licensed septic
tank contractor. Every owner of a treatment tank system shall submit
proof of the required pumping and disposal to the Township Zoning
Officer in the form of a receipted bill issued by the contractor or
such other proof as shall be acceptable to said officer. Such proof
shall be submitted to the Township Zoning Officer demonstrating pumping
and disposal of the system's contents within the preceding twelve-month
period at least once every three years. The owner of a system installed
after the effective date of this article shall henceforth pump his
system in accordance with the schedule established by the Township.
B.
Retaining tanks. The owner of a lot utilizing a retaining
tank(s) or a sewage treatment system designated or operated as a retaining
tank on the effective date of this article shall enter into a written
contract with a Chester County Health Department licensed septic tank
contractor requiring periodic pumping and disposal of the tank's contents
in accordance with the schedule required by the permit which authorized
the installation and use of the retaining tank system. A copy of the
contract shall be filed by the owner with the Township Zoning Officer
annually and shall be effect and valid for a period of at least one
year. The owner of a system installed after the effective date of
this article shall submit the required contract to the Township Zoning
Officer within one year of the installation and annually thereafter.
C.
Stream discharge systems. The owner of a lot on which
a stream discharge sewage system approved and permitted by the Pennsylvania
Department of Environmental Protection (PADEP) has been installed
shall register the system with the Township within 90 days following
the effective date of this article by filing a copy of the current
PADEP permit, together with any other information required by the
Zoning Enforcement Officer, to verify the current validity of the
permit and copies of any tests verifying the system's operational
integrity performed during the 12 months immediately preceding the
registration. The owner of a system installed after the effective
date of this article shall register the system with the Township within
90 days of such installation. The Zoning Officer or other authorized
agent shall arrange for periodic inspections by the Sewage Enforcement
Officer as required.
D.
Community on-lot disposal system (COLDS). The operator(s)
of any COLDS system shall submit regular reports to the Township.
F.
Change of ownership. Prior to the conveyance of any
lot which is subject to the provision of this article, the sewage
system installed on such lot shall be pumped and its contents disposed
of as required by this section unless the owner has filed with the
Township a receipt issued by a licensed septic tank contractor proving
that the system was pumped out within the immediately preceding six-month
period. Following any conveyance of the lot, the owner shall be subject
to the provision of this article.
G.
Classification. If the type of on-lot sewage system
is unknown, it shall be classified as a cesspool.
H.
Promulgation of regulations and required proof. In
addition to the requirements specified in this section, the Board
may, by resolution, promulgate such forms and regulations for the
administration and enforcement of this article as it shall determine
necessary. Failure of a lot owner to receive or secure any required
form shall not constitute a defense to the enforcement or penalty
provisions of this article.
When the Township becomes aware of violations
of this article or County Health Department regulations, it shall
be reported to the Chester County Health Department and become subject
to their rules and regulations.
A.
The Township Zoning Officer shall have the power and
authority to determine all issues relating to compliance with the
provisions of this article and to bring and prosecute in the name
of the Township enforcement and penalty proceedings for violations
of its provisions.
B.
Appeals from the Zoning Officer's determinations or
interpretations of the provisions of this article shall be taken to
the Board within 30 days from the date of such determination or interpretation.
Appeals shall be heard and determined in accordance with the provision
of the Local Agency Law.[1] The Board may request documentation and consult with the
Township Engineer or other competent authorities as it determines
necessary for a just resolution of the appeal, and may impose the
reasonable costs thereof upon the appellant. Provided, however, that
the Board shall have no jurisdiction to hear or determine any appeal
from the action of the Zoning Officer in prosecuting a violation of
this article in a summary proceeding before a District Justice.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105
et seq.
Any person who violates or permits the violation
of any provision of this article shall, upon conviction thereof in
a summary proceeding brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term not more than 30 days. Each section of this article
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this article is found to exist shall
constitute a separate offense, each of which violations shall be punishable
by a separate fine imposed by the District Justice of not less than
$100 and not more than $1,000, plus the costs of prosecution, or upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this article shall be
paid to the Township Treasurer.
The Board of Supervisors shall adopt a fee schedule
for the administration of this article. Said schedule shall be kept
on file by the Township Secretary and shall be reviewed and revised
as necessary.
