[Adopted 6-28-1989 by Ord. No. 3026 (Art.
1145 of the 1965 Codified Ordinances)]
[Amended 2-11-2009 by Ord. No. 5181]
As used in this article, certain words and terms, unless otherwise defined, shall be defined as such words and terms are defined in Title 25, Part I, Subpart C, Article I, Chapters 71 (Administration of Sewage Facilities Planning Program) and 72 (Administration of Sewage Facilities Permitting Program), adopted August 2, 1971, and January 9, 1987, respectively.[1]
The City of Easton.
The City of Easton.
The Sewer Enforcement Officer.
[1]
Editor's Note: See 25 Pa. Code §§
71.1 and 72.1.
A.
The applicant shall pay an administrative fee to the City as specified in Chapter 285, Fees, at the time an application form is requested. In addition to this administrative fee, the fee schedule as specified in Chapter 285, Fees, shall apply to compensate the SEO. All fees for SEO services shall be paid to the City prior to the service being performed.
B.
Scope of services.
(1)
Permit application. Single lot: SEO meets with applicant and fills out Part 1 of application, conducts pit evaluation, and slope reading (up to two pits evaluated at initial meeting). Permit fee shall be as specified in Chapter 285, Fees.
(2)
Subdivision planning. SEO conducts pit evaluation and slope reading (up to two pits evaluated at initial meeting). This service is typically performed for site suitability and planning module preparation. The fee shall be as specified in Chapter 285, Fees.
(3)
Percolation test. SEO inspects presoak-holes/depth, observes final hour of test. The fee shall be as specified in Chapter 285, Fees.
(4)
Preapplication inspection. For applicant whose lot was previously approved for on-lot disposal system during subdivision planning, SEO shall confirm that area was not disturbed. The fee shall be as specified in Chapter 285, Fees.
(5)
Permit application review (issuance/denial). SEO reviews design and all site data. The fee shall be as specified in Chapter 285, Fees.
(6)
Final inspections. Field inspection of grades, distances, layout, etc. The fee shall be as specified in Chapter 285, Fees.
A.
Application for a permit to install an individual
or community on-lot sewage system shall be made by the owner, owner
in equity or a person who is an authorized agent of the owner or owner
in equity to the local agency, on a form provided by the Department.
For purposes of this section, an authorized agent shall have written
permission to apply for a permit, signed by the owner or owner in
equity of the lot for which the application is made.
C.
The applicant is responsible for completing Parts
I, II and III of the application form. The SEO may assist in completing
Parts II and III, and will complete Part IV.
A.
It is the responsibility of the applicant to have
the site prepared for inspection. This includes the digging and proper
preparation of the percolation test holes, the digging of a test pit
and general site clearing so that the SEO can readily make any necessary
measurements of the slope.
B.
It is also the responsibility of the applicant to
provide all barricades, fencing, etc. which may be necessary to prevent
anyone from being injured because of the test holes. It is also the
applicant's responsibility to fill in the test holes.
C.
The applicant shall obtain and pay for the services
of an individual qualified to perform percolation test, if needed.
Those tests shall be observed by the SEO
The services of a professional engineer may
be required to properly prepare the plot plan, system design, accompanying
drawings and other engineering information. It is the responsibility
of the applicant to obtain and pay for these services.
B.
The local agency shall issue or deny a permit in writing
within seven days after receiving a complete application.
C.
If the local agency determines that an application
is incomplete or that it is unable to verify the information contained
in an application, the local agency shall notify the applicant in
writing within seven days of receipt of the application. The notice
shall include the reasons why the application is not acceptable. When
the required information is received, the local agency shall act upon
the application within 15 days.
D.
A person desiring to install an experimental or alternate
on-lot sewage system shall submit complete preliminary design plans
and specifications to the SEO and the Department for review and comment
at least 60 days prior to submitting an application for a permit.
The Department shall determine if classification as an experimental
or alternate system is appropriate for the submission and provide
review comments within 60 days to the SEO.
E.
Failure of a local agency to act on an application does not constitute permit approval. If the local agency does not act upon an application within seven days of receipt, or within 15 days of receipt of supplemental information under Subsection C hereof, the applicant may request a hearing before the local agency.
F.
A local agency may not issue individual or community
on-lot sewage system permits for the following systems; permits for
these systems are issued by the Department:
(1)
A large volume on-lot sewage system.
(2)
Subsurface disposal or other method of disposal of
a substance defined as industrial waste under the Clean Streams Law
(35 P.S. §§ 691.1 to 691.1001).
(3)
Any method of sewage disposal other than renovation
of sewage in a subsurface absorption area or temporary storage in
a retaining tank.
A.
Notice of denial of a permit shall be in writing to
the applicant and shall include the reasons for denial and advise
the applicant of the right to a hearing before the local agency. The
local agency shall provide the Department with a copy of the notice
of denial within seven days of issuance.
B.
A person aggrieved by the action of a SEO in the issuance
or denial of a permit, or another action taken under Section 7 of
the Act (35 P.S. § 750.7) other than a permit revocation,
may within 30 days of receipt of notice of such action file a request
for a hearing before the local agency. The request shall be in writing.
A.
A permit shall expire if construction or installation
of an individual or community on-lot sewage system and the structures
for which the system is to be installed has not begun within two years
after permit issuance. A new permit shall be obtained prior to beginning
the construction or installation. When issuing a new permit, the local
agency may require information necessary to confirm the validity of
the original application.
B.
A permit may be transferred from the permit holder
to a new property owner with the transfer of the property. Transfers
are not valid until approved in writing by the local agency and until
new property owners receive a copy of the application under which
the permit was issued.
A.
A permit shall be revoked by the local agency at any
time for any one or more of the following reasons:
(1)
When a change has occurred in the physical conditions
of any lands which will materially affect the operation of an individual
or community on-lot sewage disposal system covered by a permit issued
by the local agency under this article.
(2)
When one or more tests material to the issuance of
the permit has not been properly conducted.
(3)
When information material to the issuance of the permit
has been falsified.
(4)
When the original decision of the local agency otherwise
failed to conform with the Act and this article.
(5)
When the permittee has violated the provisions of
the Act, this article or the requirements of the permit.
B.
The notice of revocation of a permit shall be in writing
to the permit holder and shall include the reasons for revocation,
notice of the permit holder's opportunity to request a hearing before
the local agency within 10 days of receipt of the revocation notice,
and notice that no further construction or use of either the sewage
system or the structure for which it is intended may take place until
a new permit is issued or the revocation is reversed by the local
agency.
C.
If a permit holder fails to file a written request
for a hearing under this article within 10 days after receipt of notice
of revocation, revocation shall be final.
A.
The local agency shall hold a hearing for denials
or revocation within 30 days after receipt of a written request for
a hearing. Hearing requests shall state concisely all reasons for
the appeal. The Department shall be notified of the hearing by the
local agency at least three days prior to the hearing date. This notification
shall include a statement of the reasons for the appeal.
B.
Hearings under this section and a subsequent appeal
shall be conducted under 2 Pa.C.S.A. §§ 551 to 555
(relating to the Local Agency Law). The local agency shall defend
its actions during the course of a subsequent appeal.
C.
The Attorney General and the Department shall be notified
in writing by the appellant of an appeal challenging the constitutionality
of the Act or the validity of this article.
A.
No part of an individual or community on-lot sewage
system may be covered until a final inspection is conducted and final
written approval is given by the local agency.
B.
The sewage system shall be inspected, approved and
covered before the structure is occupied by a person.
C.
The applicant shall notify the local agency when the
installation of the sewage system is completed and ready for inspection.
D.
The applicant may cover the individual or community on-lot sewage system upon receipt of written approval by the local agency. If 72 hours have passed, excepting Sundays and holidays, since the local agency received the notification of completion required by Subsection C hereof, the applicant may cover the sewage system unless final written approval to cover has been refused by the local agency.
E.
The local agency may inspect and make tests before,
during or after construction and may, by order, require a sewage system
to be uncovered at the expense of the applicant if the sewage system
has been covered contrary to this article.
F.
When the inspection reveals that the installation
of the sewage system is contrary to the permit application or in violation
of the Act or this article, the permit shall be revoked and the provisions
of §§ 475-9B and C and 475-10 (relating to revocation
of permits and review of denials and revocations) shall apply.
