[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 10-4-1988
as Ord. No. 218. (This ordinance superseded former Ch. 99,
Sewer Permits, adopted 10-8-1974 as Ord. No. 163,
approved 10-8-1974.) Amendments noted where applicable.]
This chapter shall have as its purpose the establishing of procedures
and standards for issuing applications and permits in the enforcement of the
Pennsylvania Sewage Facilities Act of 1966 and amendments thereto, the Pennsylvania
Clean Streams Law and the Pennsylvania Second Class Township Code generally
and amendments thereto.[1] The regulations contained herein shall also be considered building
sanitation regulations pursuant to Sections 702 - XXVII, XXIX, LI and LXII
of the aforementioned Code and shall further derive authority from Section
73.11(d) of the Pennsylvania Department of Environmental Resources Chapter
73 Regulations, and all amendments as may be promulgated thereto from time
to time.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 35 P.S.
§ 691.1 et seq. and 53 P.S. § 65101 et seq., respectively.
A.
All persons installing an individual or community sewage
disposal system shall first obtain a permit which certifies that the site,
plan and specifications of such systems are in compliance with the Pennsylvania
Sewage Facilities Act of 1966 and amendments thereto,[1] as well as all other rules and regulations adopted pursuant to
the Act and the provisions of this chapter and all other applicable ordinances
and regulations of the Borough of Matamoras.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
No existing home, building or structure shall be occupied
or inhabited or its sewage system used until final approval of the same in
accordance with the provisions of this chapter shall have been granted. No
existing buildings or use within the borough may be expanded or converted
to another use which would generate increased sewage flows unless and until
the Sewage Enforcement Officer shall have inspected the same and determined
that the existing system is adequate to handle the increased flow or a permit
shall have been obtained to add the necessary capacity.
A.
APPLICANT
DEPARTMENT
As used in this chapter, the following terms shall have
the meanings indicated:
The present property owner of record or his agent, as provided in
accordance with Department of Environmental Resources Regulations.
The Commonwealth of Pennsylvania Department of Environmental Resources.
The Matamoras Borough Council shall appoint a Sewage Enforcement Officer
who shall be charged with the responsibility of administering the provisions
of the Sewage Facilities Act[1] and this chapter within the borough. Such Officer shall meet minimum
qualifications as established by the Department and abide by the following
regulations:
A.
The Sewage Enforcement Officer shall not be in the business
of installing individual or community sewage systems in Matamoras Borough.
B.
He shall not accept any fee for services or work performed
in the administration of the Act other than the compensation set by the Borough
of Matamoras.
C.
He shall not conduct a test or issue any permit for an
individual or community sewage system for any lot in which he has a financial
interest or in which a relative by blood or marriage has a financial interest
or in which his employer or his business partners (except the municipality)
have a financial interest unless written permission has been obtained in advance
from the Department.
D.
Before issuing a permit, he shall either observe, conduct
personally or otherwise confirm in a manner approved by the Department all
tests used to determine the suitability of a site for an individual or community
sewage system.
E.
He shall give timely written notice to all applicants
or permittees of any approval, denial or revocation of a permit in accordance
with the Department rules and regulations.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
Applicants for permits to install sewage disposal systems
shall be made on forms supplied by the Department and given to the Borough
Sewage Enforcement Officer, who shall then process the same in accordance
with the Department's rules and regulations.
B.
It shall be the responsibility of the applicant to have
the site prepared for inspection, including any digging of test pits or percolation
test holes required by the Department's rules and regulations.
C.
The construction and installation of the sewage disposal
system and the building which it serves shall be started within two (2) years
from the date of the permit. Permits older than two (2) years shall not be
valid.
D.
Except as otherwise provided by the Act or the rules
and regulations of the Department, no part of the installation shall be covered
until inspected by the Sewage Enforcement Officer.
E.
Any application for any individual or community sewage
disposal system which either requires approval of the Department or is experimental
shall receive the concurrence of the Department in writing prior to its issuance
by the Sewage Enforcement Officer.
F.
No permits shall be issued for any lots, tracts, parcels
or projects which, according to Department rules and regulations, require
revisions or supplements to the Matamoras Borough Official Wastewater Facilities
Plan, unless and until such revisions or supplements have been approved by
the Borough Council and the Department. This shall include all land subdivisions,
and 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 sewage
flows.
All applicants whose systems require that the design and construction
be supervised by a professional engineer shall pay all costs directly to the
engineer commissioned by such applicants.
Unless otherwise provided for herein, the applicable standards shall
be those set forth in the regulations of the Commonwealth of Pennsylvania,
Department of Environmental Resources. The Borough Council, however, may publish
additional rules and regulations not inconsistent with the Department's
regulations, including but not limited to supplemental standards for equipment
and lateral connections to private collection systems. The Sewage Enforcement
Officer is also hereby provided authority to increase the required isolation
distances set forth in the Department regulations in instances where because
of lot design or local conditions, including but not limited to steep slopes,
there exists a clear and direct threat to health and safety of the applicants
or adjoining property owners/occupants. The Sewage Enforcement Officer shall
also have authority to require the testing of any mechanical equipment, including
but not limited to pressure testing of pressurized distribution systems.
A.
A community system is any subsurface wastewater disposal
system which services two (2) or more buildings or dwelling units. Such systems
are subject to the same requirements of this chapter as individual subsurface
wastewater disposal systems and, in addition, shall meet the following requirements:
(1)
A list of the names and addresses of all participants
in the community system shall be provided to the borough.
(2)
Participants shall be equally liable for any expenses
incurred by the borough in the inspection or permitting of said system or
other related costs, unless the participants have agreed among themselves
to otherwise share expenses.
(3)
Expenses incurred on the individual property of participants
by the borough shall be assessed against the individual participant.
B.
Prior to issuing a permit for any community sewage disposal
system under this chapter and the authority of the Pennsylvania Sewage Facilities
Act,[1] the Sewage Enforcement Officer shall be satisfied that said system
shall be properly installed, guaranteed and maintained for such period of
time as is necessary to determine that installation has been accomplished
in the proper manner. In any case where the cost of installing a community
sewage disposal system exceeds ten thousand dollars ($10,000.) (as estimated
by the Sewage Enforcement Officer), both a performance guaranty and maintenance
bond shall be required and approved by the Matamoras Borough Council prior
to the issuance of the permit.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
C.
The performance guaranty shall be a surety bond issued
by an insurance company or other surety company authorized to do business
in Pennsylvania, certified check or other security satisfactory to the Matamoras
Borough Council. The guaranty shall be payable to Matamoras Borough and be
in an amount equal to one hundred twenty-five percent (125%) of the costs
of installing said system as estimated by said engineer. Such guaranty shall
provide for and insure to the Matamoras Borough the full and proper completion
of the system within a period of two (2) years from the date of the permit.
D.
When the system has been completely installed in conformance
with these and other regulations of the borough and laws and regulations of
the commonwealth and the same have been inspected and certified as approved
by the Borough Engineer or Sewage Enforcement Officer, the guaranty shall
be released and returned. In the event that the applicant does not install
the system in accordance with these regulations, the guaranty is forfeited
to the borough, which shall use the proceeds for corrective work as shall
be required.
E.
A maintenance bond or other suitable security (including
but not limited to the possible use of escrow arrangements or withholding
of a portion of the construction guaranty) shall accompany a permit application
for a community sewage disposal system, the cost of construction of which
exceeds ten thousand dollars ($10,000.) (as estimated by the Sewage Enforcement
Officer). Said maintenance shall be in a form approved by the Matamoras Borough
Council, payable to the borough, to guarantee maintenance operation and repair
of the system for three (3) years after completion of construction.
F.
In instances where the system use will not reach full
capacity within a period of one (1) year, however, the borough may require
that such guaranty run until a period of two (2) years shall have elapsed
from the time full capacity is reached. The amount of said maintenance bond
or security shall be determined by the Borough Council, but shall generally
not exceed ten percent (10%) of the estimated cost of the system.
G.
After the expiration of three (3) years from the date
of construction completion, the borough shall release said maintenance bond
or security, provided that the system has been properly maintained and operated
during said three-year period. In the event that the system has not been so
maintained and operated, the Borough Council shall have the right to declare
a forfeiture of a portion or all of said maintenance bond or security, depending
on the extent of the lack of maintenance and proper operation, and to use
the proceeds for such maintenance and corrective measures as shall be demanded.
H.
Where a community system is to be dedicated to a property
owners' association (P.O.A.), however, the Borough Council shall be satisfied
that the P.O.A. has agreed to accept such dedication and possesses the administrative
and financial ability to operate and maintain such system before any guaranty
is released, and rules and guidelines pertaining to such evaluations may be
adopted by resolution.
I.
Where the scope of work and circumstances warrant, the
borough may appoint an inspector of professional qualifications to monitor
the work in progress, the costs of which inspector shall be borne by the applicant.
A.
No sewage system shall discharge untreated or partially
treated sewage to the surface of the ground or into the waters of the Commonwealth
of Pennsylvania, except as specifically approved by the Department pursuant
to the provisions of the Clean Streams Law. Unauthorized discharges shall
be deemed to constitute malfunctioning sewage disposal systems and shall be
a violation of this chapter. When so ordered in writing by the Borough Sewage
Enforcement Officer or Borough Police as directed by the Borough Council,
an owner or operator of a malfunctioning sewage disposal system shall, within
seven calendar days, contain said malfunction and, within 30 calendar days,
correct such malfunction by taking measures which will achieve maximum practical
compliance with the current standards of the Department's rules and regulations,
including, if necessary, the reconstruction, upgrading or replacement of such
systems. Failure to contain the malfunction within seven calendar days or
complete repairs within 30 calendar days of notice shall constitute a violation
of this chapter.
[Amended 12-2-1997 by Ord. No. 256]
B.
Where such standards cannot be met in the reconstruction
of such a malfunctioning system due to inadequate land area, poor soils or
other site characteristics, the Sewage Enforcement Officer may order use of
water conservation devices, aerobic treatment tanks, septic tank modifications
or other measures to reduce the effluent flow or otherwise control effluent
characteristics and thereby reduce the hydraulic and/or organic loadings on
the system.
C.
Determination.
(1)
A malfunctioning sewage disposal system may be evidenced
by discharge of effluent to the surface of the ground, bacteriological samples
or dye tests which confirm pollution of wells or streams or the backup of
sewage to house sewers. The Borough Sewage Enforcement Officer shall, subject
to the requirements and authority of the Sewage Facilities Act and the Borough
Code,[1] in response to written complaints regarding the function of sewage disposal systems by potentially affected persons or property owners or with other evidence of nuisance to the public health based on criteria to be developed by Borough Council as provided in Subsection E hereto, inspect the property and system for purposes of determining whether the system is malfunctioning. Prior to ordering specific action, which shall be given in the form of a notice of violation of this chapter, the Sewage Enforcement Officer shall, if possible, consider the following:
(a)
Type of system in use and when installed.
(b)
Last time treatment tank was cleaned.
(c)
Frequency of malfunction.
(d)
Conditions during system construction.
(e)
Previous repairs.
(f)
Years of use without malfunctions.
(g)
Family size.
(h)
Number of appliances.
(i)
Daily flow pattern.
(j)
Addition of excess flows to the system from drains.
(k)
Abrupt increases in water consumption.
(l)
Rainfall patterns and ground saturation.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq. and 53 P.S.
§ 45101 et seq., respectively.
(2)
A plot plan shall be prepared indicating a layout of
the lot and all surface features which may have caused or contributed to the
malfunction, including isolation distances to wells, streams and the like.
Soil survey information shall also be noted and analyzed. Before ordering
other corrective action, the Sewage Enforcement Officer shall require the
cleaning of the septic tank to ascertain whether the problem stems from a
lack of maintenance. Regular periodic pumping may also be ordered.
D.
Upon completion of the required measures to correct the
malfunction, the Sewage Enforcement Officer shall make such inspections as
are necessary to determine compliance with this chapter and specify a schedule
for periodic follow-up inspections to determine whether the corrective action
has cured the problem. At a minimum, one inspection shall be made within six
(6) months, and another within two (2) years of the final inspection. Fees
for these inspections and all other work by the Sewage Enforcement Officer
in connection with malfunctions shall be established by resolution of the
Borough Council and may be amended from time to time to accurately reflect
administrative costs.
E.
The Borough Council may also, upon evidence of more than
one (1) malfunction in a particular vicinity, as defined by the boundaries
of that soil type in the Pike County Soil Survey or the borough's Official
Wastewater Facilities Plan, and subject to the Borough Code,[2] order the inspection of all sewage disposal systems in the vicinity
and/or require regular periodic inspections for purposes of identifying early
and correcting malfunctions in these high-risk areas. Additional criteria
for defining the extent of such high-risk areas or otherwise requiring inspections
of systems may be set forth by resolution of the Borough Council. A system
owner may also request an increase in the frequency of inspections if the
owner so desires, subject to any reimbursement procedures which may be set
forth by resolution of Council. A copy of the inspection report shall be furnished
to the owner of the inspected system and shall contain the date of inspection,
name and address of the owner, a description and diagram of the location of
the system, including the location of the access hatches, risers and markers,
the size of the tank and disposal field, the number of users, any indications
of system malfunction observed, the results of all soil and water tests and
required remedial action.
[2]
Editor's Note: See 53 P.S. § 45101 et seq.
A.
The Council or its authorized agent may require septic
tanks to be pumped out at appropriate intervals for proper operation of the
system if it finds that the system has a history of malfunctioning, that the
number of people using the system has increased or for other good cause.
B.
Each time a septic tank or other subsurface wastewater
disposal system is pumped out, the sewage waste hauler shall provide to the
owner (with a copy to the borough) a signed receipt containing the following
information:
(1)
The date of pumping.
(2)
The name and address of the owner.
(3)
The address of the tank location, if different from that
of the owner.
(4)
The amount of sewage or other solid or semisolid material
removed.
(5)
The waste hauler's state license number permitting
it to collect and haul sewage in the Commonwealth of Pennsylvania.
C.
The receipt shall be submitted to the borough to serve
as proof of compliance with the pumping requirements contained herein.
D.
All sludge or sewage obtained by cleaning or pumping
of subsurface sewage disposal systems shall be disposed of in a manner consistent
with the requirements of Chapter 75 of the Department's rules and regulations.
A filing fee shall be paid by check or money order to Matamoras Borough
at such time as application is made for an individual or subsurface sewage
disposal system or the repair of the same or other services are requested
or directed to be provided to the owner of a system. Fees shall also be due
whenever the Borough Sewage Enforcement Officer is requested to provide other
services on behalf of Matamoras Borough. Fees shall be established by resolution
of the Borough Council and may be adjusted from time to time. The funds obtained
shall be used only to offset the expenses incident to the review of a permit
application or other services provided pursuant to the Pennsylvania Sewage
Facilities Act[1] and this chapter. Fees, however, are not intended to cover the
costs of any excavations or contractual work connected with the testing or
construction of the system.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
All installations of subsurface sewage disposal systems must comply
with the provisions of this chapter. There are no exceptions for rural residences,
as defined in the Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
When said application for permit is denied or revoked, the appeal procedure
shall be as follows:
A.
Upon receipt by the applicant of a notice of denial or
revocation of a permit, the applicant may, within thirty (30) days, request
a hearing, in writing, before the Borough Council, which shall be held within
fifteen (15) days from the date of denial or revocation.
B.
Any party aggrieved by a decision of the Borough Council
may appeal to the Court of Common Pleas within thirty (30) days of the date
of such decision. Notice of appeal shall be served on the Borough Council,
and proof of such service shall accompany the filing of the appeal.
[Amended 1-5-1993 by Ord. No. 234]
Any person or entity who fails to comply with any one (1) or more of
the requirements or provisions of this chapter or who fails or refuses to
comply with any notice, order or direction of the Sewage Enforcement Officer
or any other authorized agent or employee of the borough shall be guilty of
a summary offense and subject to a fine of not less than three hundred dollars
($300.), nor more than one thousand dollars ($1,000.) (plus costs) for each
offense. Every day in which the violator shall fail to comply with the provisions
hereof or any order as aforesaid shall constitute a new and separate offense.
This chapter shall be effective thirty (30) days from the date of adoption.
