Township of Carroll, PA
Perry County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Carroll Township as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 120.
Zoning — See Ch. 138.
[Adopted 7-5-1989 by Ord. No. 37]

§ 108-1 Title.

This article shall be known and may be cited as the "Carroll Township On-Site Management and Maintenance Ordinance."

§ 108-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ABSORPTION AREA
A component of an individual or community sewage system where the liquid from a septic tank or other treatment tank seeps into the soil; it consists of an aggregate-filled area containing piping for the distribution of liquid into the soil or sand/soil combination located beneath the aggregate.
ALTERNATE SEWAGE SYSTEM
A system employing the use of demonstrated technology in a manner not specifically recognized by Chapter 73 of the DEP Rules and Regulations.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and for the treatment or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
EXPERIMENTAL SEWAGE SYSTEM
Any method of sewage disposal not described in Chapter 73 of the DEP Rules and Regulations which is proposed for the purpose of testing and observation.
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of the commonwealth or by means of conveyance to another site for final disposal.
INDUSTRIAL WASTE
Any nonsewage waste resulting from manufacturing, food processing, mining activities, or industry. The term shall include all such substances whether or not generally characterized as waste.
MALFUNCTION
Any one or more of the following conditions:
A. 
Sewage flow is restricted in the sewage system which in turn causes the backup of sewage into a building, structure, or part thereof.
B. 
Sewage rises to the surface of the ground over a septic tank or flows out of a septic tank vent.
C. 
Sewage rises to the surface of the ground over the absorption area or downgrade from the absorption area at a bank or road cut.
D. 
Untreated or partially treated sewage, liquid kitchen or laundry wastes, or shower or bathtub washwater is discharged to the surface of the ground or into the waters of the commonwealth.
ON-SITE SEWAGE SYSTEM
Any alternate, experimental, community or individual on-site system, including the treatment system and all appurtenances designed to convey sewage to and from treatment.
PERSON
Includes any individual, association, public or private, profit or nonprofit, corporation, partnership, firm, trust, or estate.
SEPTATE
The scum, grease, sludge, and liquid which accumulates in and is periodically pumped from a septic tank.
SEPTIC TANK
A watertight tank designed to retain sewage long enough for satisfactory bacterial decomposition of the solids to take place prior to its discharge to an absorption area.
SEWAGE
Waterborne fecal matter, urine, washwater, food preparation, industrial, and commercial wastes.
SEWAGE ENFORCEMENT OFFICER (SEO)
The person or persons designated by the Township of Carroll to review and approve permit applications and conduct inspections pursuant to the provisions of Chapters 71 and 73 of the DEP Rules and Regulations.
SHOWER FLOW RESTRICTOR
A valve, insert or other control device which is placed in the water supply line to a shower head and restricts the flow rate to three gallons per minute or less at a pressure of 60 pounds per square inch.
[Amended 12-2-2003 by Ord. No. 51]
TOILET TANK DAM
A water displacement object, bottle, retaining dam or other device which is inserted into the toilet tank for the purpose of reducing the amount of water used by approximately one gallon per flush.
WATER CONSERVATION HABITS
Ways of reducing water usage such as repairing leaky faucets, running dish and clothes washers at optimum capacities, reducing the length of showers, and lessening the running of water for personal hygiene use.
WATER-SAVING TOILET
A flush toilet designed to use 3.5 gallons of water or less per flush.
WATER-SAVING SHOWER HEAD
A shower head designed to discharge 2.5 gallons of water per minute or less at a pressure of 60 pounds per square inch.
WATERS OF THE COMMONWEALTH
Any river, stream, impoundment, ditch, storm sewer, lake, pond, spring, or other body or channel which conveys surface and/or ground water or any of their constituents, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.

§ 108-3 Applicability.

A. 
This article applies to all individual, community, alternate and experimental on-site sewage systems located within the Township of Carroll.
B. 
This article shall not be interpreted in any way as governing, constraining or limiting any actions that the Township or SEO may take regarding any sewage system which is creating a nuisance or causing pollution of the waters of the commonwealth.

§ 108-4 Operation and maintenance regulations.

A. 
Septic tanks, as shown in Fig. 1, shall be pumped by a septic tank pump and haul contractor for the purpose of removing the accumulated septate. Frequency of septic tank pumping should be in approximate accordance with the information contained in Table 1 as supplied by the Pennsylvania State University, College of Agriculture, University Park, Pennsylvania.
B. 
Roof drains, basement drains, foundation drains, basement sump pumps and other sources of rainwater or groundwater shall not be discharged into any sewage system.
C. 
The ground surface shall be graded so that stormwater runoff does not pond or collect on the surface of the ground overlying the absorption area.
D. 
No industrial wastes shall be discharged into any sewage system without first obtaining the required permits for such actions from the Pennsylvania DEP.
E. 
Solids that degrade slowly or do not settle well, such as household greases, cigarettes, etc., shall not be discharged into any sewage system.
F. 
Garbage grinder by-products shall not be discharged into sewage systems which experience a malfunction after the effective date of this article unless the system was completely replaced by a new system which fully meets the requirements of Chapter 73 of the Pennsylvania DEP's Rules and Regulations.
G. 
Gasoline, solvents, motor oils, other hydrocarbons, paints, and all other chemicals which cannot be physically or biologically treated in a particular on-site sewage system shall not be discharged into one.
H. 
Pipes, tanks, joints, baffles, distribution boxes and all other parts of sewage systems shall be maintained in sound working condition.
I. 
Pumps, compressors, aerators, controls, and other electrical or mechanical equipment contained within sewage systems shall be maintained in working order.
J. 
Water-saving shower heads, shower flow restrictors, toilet tank dams, water saving toilets, and overall water conservation habits shall be installed and observed respectfully in buildings that are served by on-site sewage systems and which experience a malfunction after the effective date of this article.
[Amended 12-2-2003 by Ord. No. 51]
K. 
If an on-site a sewage system which has an undersized septic tank or no septic tank experiences a malfunction after the effective date of this article, the owner shall install a septic tank which meets the requirements of Chapter 73 of the DEP's Rules and Regulations.
L. 
If an on-site sewage system which has an undersized absorption area or no absorption area experiences a malfunction after the effective date of this article, the owner shall install an absorption area which meets the requirements of Chapter 73 of the DEP's Rules and Regulations.

§ 108-5 Inspections and orders by Sewage Enforcement Officer.

A. 
The SEO or other official designated by the Board of Supervisors shall investigate all complaints which allege a violation of any provision of this article.
B. 
If after investigation the SEO or other designated official believes that there is a violation of any provision of this article, he/she will request permission of the owner or person possessing or occupying any building, structure, premises, lot or land for permission to enter upon same for the purposes of making inspections and obtaining any necessary soil or water samples or performing dye testing to determine compliance with the provisions of this article.
C. 
The SEO or other designated official may request an owner of any sewage system to provide copies of receipts or other evidence to substantiate when a septic tank was last pumped in order to determine compliance with § 108-4A.
D. 
In the event that the property owner or person then in charge of the building, structure, premises, lot or land refuses the request of the SEO or other designated official to enter upon same for the purpose of making inspections and for necessary testing, the SEO or other designated officials shall make application with a District Justice or other appropriate official for a search warrant to enter upon said building, structure, premises, lot or land for the purpose of making the requisite inspection and taking the necessary soil or water samples or for performing dye testing to determine compliance with the provisions of this article, and upon receipt of said search warrant shall promptly execute same.
(1) 
The execution of any search warrant issued aforesaid shall not begin earlier than 8:00 o'clock a.m. prevailing time nor later than 5:00 o'clock p.m. prevailing time.
(2) 
The provisions of this section requiring the obtaining of a search warrant may only be waived in the event of an emergency situation which in the belief of the SEO or other appropriate official is causing an immediate and substantial and deleterious effect upon public health and welfare.
E. 
Whenever the SEO finds any condition or practice which is inconsistent with the provisions of this article or the DEP's Rules and Regulations, he/she will issue a written order to the responsible party stating that the condition or practice found is inconsistent with this article and directing that the condition or practice be abated, or ceased within such time specified in the order.
F. 
After the expiration of the time period specified in any written order, the SEO shall determine whether the order has been complied with and notify the responsible party in writing if the order has not been followed.
G. 
In the event of noncompliance with any order, the SEO may issue a subsequent order stating again that the condition or practice found is inconsistent with this article or the DEP's Rules and Regulations and directing that the condition or practice be abated, corrected, or ceased within such time specified in the order.

§ 108-6 Violations and penalties.

A. 
Except as indicated in Subsection B below, any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B. 
If enforcement of this article is regulated under 53 P.S. § 66601(c.1)(2) of the Second Class Township Code, any person who violates or permits a violation of this article, shall, upon conviction 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 punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Adopted 6-20-1995 by Ord. No. 39]

§ 108-7 Definitions.

The following terms shall have the following definitions:
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage or industrial waste of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or individual waste on one or more of the lots at any other site.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collecting and disposing of the sewage in whole or in part into the soil or into any waters of this commonwealth or by means of conveyance to another site for final disposal; an "alternate individual sewage system" shall mean any individual sewage system not heretofore recognized by rules, regulations and standards of the department.
LOCAL AGENCY
Carroll Township, Perry County, Pennsylvania.
LOT
A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. 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 estimated sewage flows.
PERSON
Includes any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.
SEWAGE
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 substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation, or which constitutes pollution under the act of June 22, 1937 (P. L. 1987, No. 384), known as "The Clean Streams Law," as amended.[1]
SEWAGE ENFORCEMENT OFFICER
The official of the local agency who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the act and the rules and regulations thereunder.
SUBDIVISION
The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.
[1]:
Editor's Note: See 35 P.S. § 691.1 et seq.

§ 108-8 Permit required; application.

A. 
No person shall install, construct, or request bid proposals for construction, or alter an individual sewage system or community sewage system or construct, or request bid proposals for construction, or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Sewage Facilities Act[1] and the standards adopted pursuant to that act. No permit may be issued by Carroll Township in those cases where a permit from the Department of Environmental Protection is required. A permit shall be required for the installation of all individual on-lot sewage systems for residential structures occupied or intended to be occupied by not more than two families and the exception contained in the Sewage Facilities Act, Section 50.7(a), shall not constitute an exception from the provisions of this article.
[Amended 12-2-2003 by Ord. No. 51]
[1]:
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
Application for permits shall be in writing to Carroll Township in accordance with the provisions of the Sewage Facilities Act and shall be made in such form and shall include such data as the Department of Environmental Protection shall prescribe.
C. 
All other rules and regulations and provisions of the Sewage Facilities Act shall be applicable as it relates to the content of the permit, the design of the sewage system, the issuance or nonissuance by the Sewage Enforcement Officer of Carroll Township and all other provisions contained in the Sewage Facilities Act shall apply to the issuance or nonissuance of said permits.

§ 108-9 Compliance with rules and regulations.

All applicants for a sewage permit in Carroll Township shall comply with all rules and regulations as promulgated and adopted by the Department of Environmental Protection and shall otherwise comply with all other applicable provisions of the Sewage Facilities Act, the act of June 24, 1966, No. 537, as amended.

§ 108-10 Remedies incorporated by reference.

All remedies contained in the Sewage Facilities Act and the rules and regulations promulgated therein including the penalties therefor shall be incorporated herein by reference and made a part hereof and adopted as though they were a part of this article.