[Adopted 4-1-2009 by Ord. No. 2009-02]
A.
This article shall be known and may be cited as "An ordinance providing
for a Sewage Management Program for Schuylkill Township."
B.
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"), it is the power and the duty of Schuylkill Township
to provide for adequate sewage treatment facilities and for the protection
of the public health by preventing the discharge of untreated or inadequately
treated sewage. The Official Act 537 Plan for Schuylkill Township
indicates that it is necessary to formulate and implement a sewage
management program to effectively prevent and abate water pollution
and hazards to the public health caused by improper treatment and
disposal of sewage.
C.
The purpose of this article is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems,
community sewage systems, and small flow treatment systems, to further
permit intervention in situations which may constitute a public nuisance
or hazard to the public health; and to establish penalties and appeal
procedures necessary for the proper administration of a sewage management
program.
For the purposes of this article any term, which is not defined
herein, shall have that meaning attributed to it under the Sewage
Facilities Act and the regulations promulgated thereto.
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil; it consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1
to 750.20).
A comprehensive plan for the provision of adequate sewage
systems adopted by Schuylkill Township that has been submitted to
and approved by the Department as provided by the Act and Chapter
71 (relating to administration of sewage facilities program).
Course material manufactured from stone, gravel or slag,
having Type B characteristics as described in Department of Transportation
specifications, Form 408, Section 703.3, Table B, and uniform size
and grading equivalent to American Association of State Highway and
Transportation Officials No. 57, as described in Form 408, Section
703.3, Table C.
A method of demonstrated on-lot sewage treatment and disposal
not described in this part.
The sewage enforcement officer, designated as the Chester
County Health Department (Health Department) or other person or entity
appointed by the Schuylkill Township Board of Supervisors to administer
this article.
The Board of Supervisors, Schuylkill Township, Chester County,
Pennsylvania.
The electronic database maintained by the Chester County
Health Department for monitoring activities related to the management
of on-lot individual sewage disposal systems.
A community sewage system which uses a system of piping,
tanks or other facilities for collecting, treating, and disposing
of sewage into a soil absorption area, retaining tank or by spray
irrigation.
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 industrial
waste on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or "DEP."
A method of on-lot sewage treatment and disposal not described
in this title which is proposed for the purpose of testing and observation
and approval by DEP.
The Chester County Health Department.
An individual sewage system which uses a system of piping,
tanks or other facilities for collecting, treating or disposing of
sewage into a soil absorption area or spray field or by retention
in a retaining tank.
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 a waters of this commonwealth or by means of conveyance
to another site for final disposal.
A liquid, gaseous, radioactive, solid or other substance,
which is not sewage, resulting from manufacturing or industry or other
plant or works and mine drainage, silt, coal mine, solids, rock, debris,
dirt and clay from coal mines, coal collieries, breakers or other
coal processing operations. The term includes substances whether or
not generally characterized as waste.
A parcel of land under single and separate ownership or described
by an approved and still valid subdivision plan recorded in the office
of the Recorder of Deeds of Chester County.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of ground or
surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length or time during any period of the
year.
A comprehensive plan for the provision of adequate sewage
systems, adopted by the Board and approved by the Department, as provided
by the Pennsylvania Sewage Facilities Act. Also known as the Act 537
Plan.
Any individual, association, public or private corporation,
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States or 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. 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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A watertight receptacle which receives and retains sewage
and which is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. The term includes the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, to animal or aquatic life, or to the
use of water for domestic water supply or for recreation; or a substance
which constitutes pollution under the Act of June 22, 1936 (P.L. 1987,
No. 394) (35 P.S. §§ 691.1 through 691.1001), known
as the "The Clean Streams Law," as amended.
A person certified by the Certification Board of the PA Department
of Environmental Protection who is employed by the County Health Department.
Such person is authorized to conduct investigations and inspections,
review permit applications and sewage facilities planning modules,
issue or deny permits and do all other activities as may be provided
for such person in the Sewage Facilities Act, the rules and regulations
promulgated thereunder and this or any other ordinance adopted by
the Township.
Any area or areas of the Township designated in the Official
Act 537 Plan adopted by the Board as an area for which a Sewage Management
Program is to be implemented. For Schuylkill Township, said district
shall include the entire Township except those areas specifically
served by public sewers.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board or the Health Department
to effectively enforce and administer this article.
An individual or community sewerage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day (gpd) for
final disposal using a stream discharge or other disposal methods
approved by the Department of Environmental Protection.
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.
The Township of Schuylkill, Chester County, Pennsylvania.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, ponds, springs and
other bodies or channels of conveyance of surface and underground
water, or any of their parts, whether natural or artificial within
or on the boundaries of this commonwealth.
From the effective date of this article, its provisions shall
apply in any portion of the Township identified as having individual
or community on-lot sewage systems. Within such an area or areas,
the provisions of this article shall apply to all persons owning any
property serviced by an individual or community on-lot sewage disposal
system or small-flow treatment facility and to all persons installing
or rehabilitating individual or community on-lot sewage disposal system
or small-flow treatment facilities.
A.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or community sewage system without
first obtaining a permit from the Sewage Enforcement Officer, which
permit shall indicate that the site and the plans and specifications
of such system are in compliance with the provisions of the Clean
Streams Law and the Act and the regulations adopted pursuant to those
acts. The DEP must issue a sewage planning approval letter prior to
permit approval by the Health Department. Any permit application must
be consistent with the Act 537 Plan.
(1)
The procedures for application for and granting of a permit shall
be established, revised, promulgated and enforced by the Health Department.
(2)
No building or occupancy permit shall be issued for a new building
which will contain sewage generating facilities and for which an individual
sewage system or community sewage system is to be installed until
a valid sewage permit has been obtained from the Sewage Enforcement
Officer and installation is approved and inspected by the Health Department.
(3)
No building or occupancy permit shall be issued and no work shall
begin on any alteration or conversion of any existing structure, if
said alteration or conversion will result in the increase or potential
increase in sewage flows from the structure to an individual sewage
system or community sewage system until either the structure's
owner receives a permit for alteration or replacement of the existing
sewage disposal system or until the structure's owner and the
appropriate officials of the Township receive written notification
from the Sewage Enforcement Officer that such a permit will not be
required. The Sewage Enforcement Officer shall determine whether the
proposed alteration or conversion of the structure will result in
increased sewage flows.
(4)
No permit shall be issued for the construction of an alternate sewage
system or an experimental sewage system until the owner shall have
supplied the Township with the name of the person responsible for
installing and maintaining the alternate sewage system or experimental
sewage system. All owners of lots containing an alternate or experimental
sewage system shall inform the Township of any change in ownership
of the property or change in the person responsible for maintaining
the alternate or experimental sewage system. The individual responsible
for maintaining the system shall, prior to the issuance of a permit
for construction of an alternate or experimental sewage system, post
sufficient security with the Township to insure the completion of
necessary maintenance and repairs. The amount of the security shall
be determined by the Township Engineer, shall be held by the Township
in escrow and shall be used by the Township for maintenance and necessary
repairs only after the responsible person has failed to perform the
maintenance and/or repairs. This provision does not impose any duty
upon the Township to maintain and/or repair an alternate or experimental
sewage system.
B.
No person shall install, construct or request bid proposals for construction,
or alter a small flow treatment facility to serve residential dwellings
or commercial facilities generating only domestic wastewater without
first obtaining all necessary permits from the DEP, Health Department,
and Sewage Enforcement Officer in compliance with the Clean Streams
Law, the Act, the regulations adopted pursuant to those Acts, and
any other applicable statute or regulation governing such facilities.
The individual responsible for maintaining the facility shall, prior
to the issuance of a permit for construction of a small-flow treatment
facility post security with the Township to insure the completion
of necessary maintenance and repairs. The escrow shall be forfeited
to the municipality upon notice of continuing noncompliance of the
system with the operation, maintenance and monitoring standards contained
in the permit or noncompliance with the assurances for management
of the operation and maintenance requirements established in the maintenance
agreement. The forfeited escrow shall be used to cover the costs of
repair or future operation and maintenance of the system over its
design life. The escrow shall be for an amount up to a maximum of
50% for each of the first two years of operation. After two years
of operation, the escrow agreement must provide for a refund of a
portion of the original escrow so that only 10% of the cost of the
equipment and installation is retained by the Township. The remaining
escrow totaling 10% of the cost of the equipment and installation
shall be maintained for the life of the system. This provision does
not impose any duty upon the Township to maintain and/or repair an
alternate or experimental sewage system.
A.
Any individual or community on-lot sewage disposal system, community
sewage system or small-flow treatment facility may be inspected by
an authorized agent at any reasonable time as of the effective date
of this article.
B.
Such inspection may include a physical tour of the property, the
taking of samples from surface waters, wells, or other underground
sources, the sampling of the contents of the sewage disposal system
itself and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and ultimate
destination of wastewater generated in the structure.
C.
A schedule of routine inspections may be established to assure the
proper functioning of the sewage systems in the sewage management
district.
D.
An authorized agent shall have the right to enter upon land for the purposes of inspections described in this section. An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the authorized agent shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of the Department, including but not limited to those outlined in Chapter 73 of Title 25 of the Pennsylvania Code, or is not technically or financially feasible in the opinion of the Sewage Enforcement Officer or a representative of the Department, then the property owner shall mitigate the malfunction pursuant to § 280-60 of this article.
E.
An initial inspection shall be conducted by an agent authorized by
the Township within one year of the effective date of this article
for the purpose of determining the type and functional status of each
sewage disposal system in the sewage management district. A written
report shall be furnished to the owner of each property inspected
and a copy of said report shall be maintained in the Township records.
If the inspection indicates that a septic tank should be pumped, the
report shall so indicate and shall require the owner of the property
to have the septic tank pumped within five days of the date of the
report and to inform the Township after the work is completed. An
authorized agent shall then reinspect the property to ensure that
the septic tank has been properly pumped.
F.
Immediate corrective action may be compelled whenever a malfunction,
as determined by the authorized agent and/or the Department, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any individual
or community on-lot sewage disposal system, including wastes listed
in Section 73.11(c) of Title 25. The following shall not be discharged
into the system:
A.
Industrial waste.
B.
Automobile oil and other nondomestic oil.
C.
Toxic or hazardous substances or chemicals, including but not limited
to, pesticides, disinfectants (excluding household cleaners), acids,
paints, paint thinners, herbicides, gasoline and other solvents.
D.
Clean surface or groundwater, including water from root or cellar
drains, springs, basement sump pumps and French drains.
A.
Such person owning a building served by an individual or community
on-lot sewage disposal system which contains a septic tank shall have
the septic tank pumped by a Chester County Health Department Licensed
Liquid Waste Hauler at least once every three years when deemed necessary
or whenever an inspection reveals that the septic tank is filled with
solids or scum in excess of 1/3 of the liquid depth of the tank. Receipts
from the pumper/hauler shall be reported to the Chester County Septage
Management Database.
B.
Any person or persons owning a lot served by an alternate or experimental
sewage system shall be responsible for any and all maintenance and
repairs required to ensure the proper functioning of the system. The
Township shall not have the duty or responsibility to maintain and/or
repair an alternate or experimental sewage system.
C.
Any person or persons owning a community sewage system or property
owner served by a community sewage system which contains a septic
tank shall have the system's septic tank pumped by a Chester
County Health Department Licensed Liquid Waste Hauler at least once
every three years when deemed necessary or whenever an inspection
reveals that the septic tank is filled with solids or scum in excess
of 1/3 of the liquid depth of the tank. Any person or person owning
a community sewage system or property owner served by a community
sewage system shall execute a sewage management agreement approved
by the Township and requiring all such property owners serviced by
such system to maintain, operate and inspect the system in conformance
to all rules and regulations of the DEP, Health Department and Township.
D.
The required pumping frequency may be increased at the discretion
of an authorized agent if the septic tank is undersized compared to
the current standard and exhibits signs of malfunctioning, if solids
build up in the tank is above average, if the hydraulic load on the
system increases significantly above design capacity, if the system
malfunctions or for other good cause shown.
E.
All septic tanks shall be pumped through the manhole access of each
tank or tank chamber.
F.
Upon completion of the pumping of any septic tank, the interior of
the tank, if accessible, shall be inspected by the pumper/hauler or
other qualified individual acceptable to the Township to determine
if the baffles in the septic tank are in good working order. Any person
whose septic tank baffles are determined to require repair or replacement
shall first contact the Sewage Enforcement Officer for approval of
the necessary repair.
G.
Any person owning a building served by an individual or community
on-lot sewage disposal system, which contains an aerobic treatment
tank shall follow the operation and maintenance recommendations of
the equipment manufacturer. A copy of the manufacturer's recommendations
and a copy of the service agreement shall be submitted to the Township
within six months of the effective date of this article. Thereafter,
service receipts shall be submitted to the Chester County Septage
Management Database, if applicable, at the intervals specified by
the manufacturer's recommendations. In no case may the service
or pumping intervals for aerobic treatment tanks exceed those required
for septic tanks.
H.
Any person owning a building served by a cesspool or dry well in
an area of numerous malfunctions or in an area where a repair is not
technically feasible shall have that system pumped according to the
schedule prescribed for septic tanks to mitigate potential pollution.
As an alternative to this scheduled pumping of the cesspool or dry
well, and pending any scheduled replacement of the substandard system
as identified in the Act 537 Plan, the owner may apply for a sewage
permit from the Sewage Enforcement Officer for a septic tank to be
installed preceding the cesspool or dry well. For this interim repair
system consisting of a cesspool or dry well preceded by an approved
septic tank, only the septic tank must be pumped at the prescribed
interval. The cesspool or dry well may be pumped to aid operating
efficiency.
I.
Additional maintenance activity may be required as needed including,
but not necessarily limited to, cleaning and unclogging of piping,
servicing and the repair of mechanical equipment leveling of distribution
boxes, tanks and lines, removal of obstructing roots or trees, the
diversion of surface water away from the disposal area, etc.
J.
It shall be the responsibility of the owner of a lot, which utilizes
an individual or community on-lot sewage disposal system, to maintain
surface contouring and other measures consistent with the provisions
found in 25 Pa. Code, Chapter 73 (relating to standards for on lot
sewage treatment facilities) to divert stormwater away from treatment
facilities and absorption areas and to protect the absorption areas
from physical damage.
K.
Small flow treatment facilities shall be operated and maintained
through a maintenance agreement between the person owning such a facility
or property owner served by such a facility and an individual firm
or corporation experienced in the operation and maintenance of sewage
treatment facilities. Any such firm or corporation shall be approved
by the Department, Health Department and/or Township.
A.
No person shall operate or maintain an individual or community on-lot
sewage disposal system in such a manner that it malfunctions. All
sewage wastes shall be discharged to a treatment tank. No sewage systems
shall discharge untreated or partially treated sewage to the surface
of the ground or into the waters of the commonwealth unless a permit
for such discharge has been obtained from the Department. Discharges
into the surface waters of the commonwealth will not be permitted
except for replacement of malfunctioning systems and only then if
all other alternative disposal systems are found to be infeasible.
B.
A written notice of violation by the authorized agent shall be issued
to any person who is the owner of any property that is found to be
served by a malfunctioning individual or community on-lot sewage disposal
system or that is discharging sewage without a permit. The Sewage
Enforcement Officer shall be notified of all violations.
C.
Within 30 days of notification by the Township or Health Department
that a malfunction has been identified, the property owner shall make
application to the Sewage Enforcement Officer for a permit to repair
or replace the malfunctioning system. Within 90 days of initial notification
by the Township, construction of the permitted repair or replacement
shall commence, weather permitting. Within one year of the original
notification by the Township, the construction shall be completed
unless seasonal or unique conditions mandate a longer period, in which
case the Township, in cooperation with the Sewage Enforcement Officer,
shall set an extended completion date.
D.
The Sewage Enforcement Officer shall have the authority to require
the repair of any malfunction by the following methods: cleaning,
repair or replacement of components of the existing system, adding
capacity or otherwise altering or replacing the system's treatment
tank, replacing the existing disposal area, replacing a gravity distribution
system with a pressurized system, replacing the system with a holding
tank, or any other alternative approved by the Sewage Enforcement
Officer or the Department appropriate for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, the authorized agent may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water using devices and appliances in the structure may be required to be retrofitted with water saving appurtenances or they may be required to be replaced by water conserving devices.
F.
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective as determined by the Sewage Enforcement Officer or the Department, the owner may be required to apply to the Department for a permit to install a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within six months, weather permitting.
G.
Should none of the remedies in this section be totally effective
in eliminating the malfunction of an existing individual or community
on-lot sewage disposal system the property owner is not absolved of
responsibility for that malfunction. The Township may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
possible.
A.
All septage originating within the sewage management district shall
be disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.)
and all other applicable laws and at sites or facilities approved
by the Department. Approved sites or facilities shall include the
following: septage treatment facilities, wastewater treatment plants,
composting sites, and approved farmlands.
B.
Pumper/haulers of septage operating within the Township shall operate
in a manner consistent with the provisions of the Pennsylvania Solid
Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
to 6018.1003) and all other applicable laws.
The Township, upon written notice from a Sewage Enforcement
Officer that an imminent health hazard exists due to failure of the
property owner to maintain, repair or replace an on-lot sewage disposal
system as provided under the terms of this article, shall have the
authority to perform, or contract to have performed, the work required
by the sewage Enforcement Officer. The owner shall be charged for
the work performed and, if necessary, a lien shall be entered therefor
in accordance with law.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The Township shall employ qualified individuals to carry out the
provisions of this article. The Township may also contract with private
persons or firms to carry out the provisions of this article.
C.
All permits, records, reports, files and other written materials
relating to the installation, operation and maintenance and malfunction
of individual or community on-lot sewage disposal systems in the sewage
management district shall become the property of, and be maintained
by, the Township or the Chester County Health Department. Existing
and future records shall be available for public inspection during
regular business hours at the official office of the Township or Health
Department. All records pertaining to sewage permits, building permits,
occupancy permits and all other aspects of the sewage management program
shall be made available upon request, for inspection by representatives
of the Pennsylvania Department of Environmental Protection.
D.
The Township Board of Supervisors, in conjunction with the Chester
County Health Department, shall establish all administrative procedures
necessary to properly carry out the provisions of this article.
E.
The Township may establish a fee schedule, and authorize the collection
of fees, to cover the cost to the Township of administering this program.
Said fee schedule shall be kept on file at the Township and shall
be reviewed and revised as necessary.
A.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Board of Supervisors
in writing within 30 days from the date of written notification of
the decision in question.
B.
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting, if a written
appeal is received at least 14 days prior to that meeting or at the
next regularly scheduled hearing if the written appeal is not received
within 14 days of a regularly scheduled meeting. The Township shall
thereafter affirm, modify, or reverse the aforesaid decision. The
hearing may be postponed for a good cause shown by the appellant or
the Township. Additional evidence may be introduced at the hearing
provided that it is submitted with the written notice of the appeal.
C.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
Any person failing to comply with any provisions of this article
may be subject to a civil penalty of not less than $300 and not more
than $2,500 for each violation and in addition, may be assessed the
cost of damages caused by such violation and the cost of correcting
such violation. Each day of noncompliance shall constitute a separate
offense.
