[Adopted 7-17-1995 by Ord. No. 376; amended 12-8-2008 by Ord. No. 477]
This article shall be known as the "Sewage Management Program for the Township of Tobyhanna."
When sewage facilities are permitted by local agencies, the municipality is responsible for taking actions necessary to assure continued compliance of these sewage facilities with the Act, the Clean Streams Law and regulations promulgated thereunder. The establishment of a periodic inspection program will provide a method of assuring the proper operation and maintenance of the facilities.
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"), the general requirements for a sewage management program are set forth in § 71.71 adopted August 13, 1971, effective August 14, 1971, 1 PA.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 PA.B. 753; amended September 28, 1973, effective October 15, 1973, 3 PA.B. 2176; amended August 30, 1974, effective September 16, 1974, 4 PA.B. 1805; amended February 28, 1975, effective March 17, 1975, 5 PA.B. 374; amended September 24, 1976, effective October 11, 1976, 6 PA.B. 2392; reserved January 9, 1987, effective January 10, 1987, 17 PA.B. 172; amended June 9, 1989, effective June 10, 1989, 19 PA.B. 2429.
The specific requirements for a sewage management program for sewage facilities permitted by local agencies are set forth in § 71.73 adopted August 2, 1971, effective August 3, 1971, 1 PA.B. 1649; amended April 28, 1972, effective May 15, 1972, 2 PA.B. 753; amended February 28, 1975, effective March 17, 1975, 5 PA.B. 374; reserved January 9, 1987, effective January 10, 1987, 17 PA.B. 172; amended June 9, 1989, effective June 10, 1989, 19 PA.B. 2429.
From the effective date of this article, all privately owned and maintained individual on-lot sewage systems or community on-lot sewage systems shall comply with this article.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- COMMUNITY ON-LOT DISPOSAL SEWAGE SYSTEM
- A publicly or privately owned system of piping, tanks and/or other facilities used for the collection, treatment and disposal of sewage or industrial wastes of a liquid nature from two or more lots, buildings, dwelling units and/or establishments or from an establishment that produces more than one EDU of sewage or industrial waste for disposal by some form of land application.
- INDIVIDUAL ON-LOT DISPOSAL SEWAGE SYSTEM
- A system of piping, tanks and/or other facilities that collects and treats sewage from one single dwelling unit, or an establishment that produces one EDU of sewage or less, and disposes of the sewage in whole or in part by some form of land application.
- IRSIS (INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM)
- An individual sewage system permitted under Section 7 of the Sewage Facilities Act that serves a single dwelling and treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.
Editor's Note: See 35 P.S. § 750.1 et seq.
All individual on-lot sewage facilities within the Township of Tobyhanna will be inspected by an authorized representative of the Township of Tobyhanna in accordance with a schedule of inspections established by separate resolution of the Tobyhanna Township Board of Supervisors.
Property owners shall be notified by mail a minimum of 14 days prior to the scheduled inspection. Property owners may, within this fourteen-day period, deny the Township's request to enter upon the property.
Denial of consent to enter upon property. When access to a property for the purpose of inspecting the on-lot septic system is denied by the property owners, the Township shall obtain the proper warrant(s) to secure entry, if reasonable grounds exist. Reasonable grounds may include, but are not limited to, the passage of time, nature of the facility and the condition of the area.
Notification. The property owner will be notified by certified mail if a malfunction is observed during the course of the scheduled inspection. A report indicating the status of a properly functioning system will be made available at the request of the property owner.
Township costs. All costs incurred by Tobyhanna Township in inspection, entry and effectuating repairs to malfunctioning systems shall be reimbursed by the property owner. The Township may file a sewer lien against subject property for failure to pay Township-incurred costs in accordance with state law.
Township records. The Township will maintain a permanent record of inspection dates, system type and functional status. A schedule of routine inspections will be established after the initial inspection to assure the proper functioning of individual on-lot systems within the Township.
Community on-lot disposal sewage systems. All existing or proposed community on-lot sewage disposal systems shall, on an annual basis, provide the following information to the Township:
The number of connections and customers connected to the sanitary sewer conveyance system or community sewage system.
The location of the receiving treatment facility and the name, address and contact person for that receiving treatment facility.
The name of the licensed operator in charge of the receiving facility.
Copies of all state or federal licenses or PUC certificates of convenience under which the conveyance or treatment facility is operating.
The number of projected additional connections to any private sewage conveyance system in the Township, whether or not disposal or treatment occurs in the Township, and any private community sewage treatment facility within the Township.
Copies of the most recent DEP or other state-required monthly or annual reports, where applicable, for the sewage treatment facility.
Such other information deemed necessary by Tobyhanna Township.
Permits. No person shall alter an on-lot sewage disposal system without obtaining a repair permit from the Sewage Enforcement Officer. The permit shall indicate that the site, plans and specifications of such a repair are in compliance with the provisions of the Clean Streams Law and the Pennsylvania Sewage Facilities Act (Act 537) and the regulations adopted pursuant to these Acts.
Editor's Note: See 35 P.S. § 691.1 et seq., and 35 P.S. § 750.1 et seq., respectively.
Repairs. If, upon inspection of the existing system, a malfunction is found, the property owner will be required to repair the system using current Chapter 73 requirements or the best-technical-guidance approach established by the Department of Environmental Protection. All repairs will require a repair permit. Application for a repair permit shall be made on form ER-BWQ-290, and the required fee will be made to the Township. Subsequent to the satisfactory evaluation of the proposed repair plan, a repair permit will be issued pursuant to Section 7 of the Sewage Facilities Act (Act 537).
Editor's Note: See 35 P.S. § 750.7.
Repair time frames. A time schedule shall accompany a system repair application. The time frame for completing the system repair(s) shall be reviewed and approved by the Township Sewage Enforcement Officer. General guidelines for the timely completion of system repairs shall be established by Township management.
Inspection of repair systems. Repairs shall be inspected by the Township Sewage Enforcement Officer at each stage of the repair and prior to covering of the repaired system.
Monitoring. All repaired systems will be monitored annually for a period of five years.
Township responsibilities. The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article. The Township shall employ qualified individuals to carry out the provisions of this article. 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 article.
Reporting. All inspections done will be reported to the Board of Supervisors in the monthly report. This report will indicate the number of malfunctions and the number of systems found to be in working order.