[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]
CITY
The City of Easton.
MUNICIPALITY
The City of Easton.
SEO
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.
(7) 
System malfunction. Meeting with applicant to discuss problem, inspect system, and obtain information for repair permit. This special consulting service is based on an hourly rate as specified in Chapter 285, Fees.
(8) 
Alternate or experimental system review. The fee shall be as specified in Chapter 285, Fees.
*
Additional consulting services for any of the items listed above or other related services will be conducted for a fee 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.
B. 
The local agency may require additional information consistent with the Act[1] needed to assure that the system or the site will comply with the requirements of the Act and this article.
[1]
Editor's Note: Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq.
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.
A. 
A permit shall be issued when the local agency has determined that the application is complete and meets the requirements of the Act[1] and this article.
[1]
Editor's Note: Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq.
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.