Township of Connoquenessing, PA Article III Small Flow Treatment Facilities

[Adopted 11-9-1999 by Ord. No. 11-99]

§ 205-19 Findings.

Establishing procedures for the testing of small flow treatment facilities within the Township is necessary to protect the health, safety, and welfare of the citizens of the Township, and setting forth a procedure for the testing of such facilities will promote the health, safety, and welfare of the citizens as herein set forth.

§ 205-20 Bond requirements.

All property owners shall post a bond for such amounts and for such length of time as set forth in Exhibit "A," attached hereto and made a part hereof,[1] being a standard form of the small flow treatment facility agreement to be executed by the Township and the property owner before said system is installed.

[1] Editor's Note: Exhibit "A" is on file in the Township offices.

§ 205-21 Sampling and testing requirements.

A. All property owners who have installed a small flow treatment facility shall take a monthly total residual chlorine (TRC) sample during the months of September through August each and every year and maintain a record of said sample.

B. The Township SEO shall obtain a sample from the system each and every year to be tested for fecal coliform organisms from the system after providing notice to the property owner and requesting the property owner's presence when the sample is obtained. The sample shall be forwarded by the Township SEO to a DEP approved laboratory to have the fecal chloroform test administered. The sample shall be obtained between June 1 and July 30 of each and every year.

C. The SEO shall retrieve his sample from the part of the system commonly known as the "chlorine contact tank." The test may be taken at any time of the day or night, except during any such time that the system is actually flushing and for a period of 20 minutes thereafter.

D. The SEO will immediately send the sample for testing to the DEP-approved lab of the property owner's choice and at the property owner's expense. The results of the test shall be returned to the SEO. In the event that the property owner does not advise the SEO of his choice of DEP-approved labs, the SEO shall make such decision, and in any event, all costs shall be paid by the property owner.

E. The SEO shall immediately send the original results to the property owner and a copy to the Township Secretary.

F. Upon receipt of the results of the fecal chloroform test, the property owner shall immediately submit them, along with the results of all of the monthly TRC samples (referred to in Subsection A hereof) to the DEP, before September 30 of each and every year.

G. In the event the SEO shall fail to obtain a sample suitable for fecal coliform testing by July 30 of any year, the property owner shall be required to obtain said sample by July 30, and the property owner shall be required to meet all obligations set forth herein which otherwise were the duty of the SEO, and the property owner shall, as well, continue to follow all obligations imposed by DEP or the Township.

§ 205-22 Violations and penalties; additional remedies; repealer.

A. Any property owner who shall fail to meet the requirements set forth in § 205-20 or 205-21 shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $300 for the first offense and a fine of not more than $600 for the second and subsequent offense, plus all court costs, including reasonable attorneys’ 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 Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. A continuation of such violation for each successive day or days 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Nothing herein shall restrict the Township from also enforcing any rights or remedies that the Township possesses by virtue of the small flow treatment facility agreement entered into between itself and the property owner (Exhibit "A").[2]

[2] Editor's Note: Exhibit "A" is on file in the Township offices.

C. All existing ordinances or parts of ordinances inconsistent herewith are hereby expressly repealed to the extent necessary to give this article full force and effect.