Township of West Manheim, PA
York County
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Table of Contents
Table of Contents
[Adopted 2-3-2005 by Ord. No. 1-2005]

§ 207-28 Title; legislative authority; purpose.

A. 
This Part 2 may be cited as the "OLDS (On-Lot Disposal System) Management Ordinance of West Manheim Township."
B. 
As mandated by the municipal codes, the Clean Streams Law (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"), municipalities have the power and the duty 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 Sewage Facilities Plan for West Manheim 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 Part 2 is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.

§ 207-29 Definitions and word usage.

A. 
General terms. In the interpretation of this Part 2, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Specific terms. For the purposes of this Part 2, the terms used shall be construed to have the following meanings:
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
ALTERNATIVE SYSTEM
A system for the disposal of domestic wastewaters not operating below ground level but located on or near the site of the building or buildings being served (e.g., composting toilets, gray water recycling systems, incinerating toilets, spray irrigation and black water recycling systems, etc.).
AUTHORIZED AGENT
A licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of West Manheim Township to carry out the provisions of this Part 2.
BOARD
The Board of Supervisors of the Township of West Manheim Township, York County, Pennsylvania.
CODE ENFORCEMENT OFFICER (hereinafter called "CEO")
An individual employed by the Township to administer and enforce this Part 2 and other ordinances in the Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage from two or more lots or uses, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more of the lots or at any other site and which shall comply with all applicable regulations of the DEP.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DEVELOPER
Any person, partnership or corporation which erects or contracts to erect a building on property owned by it with the intent to sell the building to some other party upon its full or partial completion, or upon the conveyance of property on which the building is to be built.
EQUIVALENT DWELLING UNIT (EDU)
For the purpose of determining the number of lots in a subdivision or land development, that part of a multiple-family dwelling, commercial, industrial, or institutional establishment with sewage flows equal to 400 gallons per day.
[Amended 9-2-2010 by Ord. No. 4-2010]
IMPROVED PROPERTY
Any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
INDIVIDUAL SEWAGE SYSTEM
Any 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 any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
LOT
A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MALFUNCTION
The condition which occurs when an on-lot sewage disposal system causes pollution to the ground or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
MANAGEMENT PROGRAM
The management program shall encompass the entire area of West Manheim Township serviced by sewage facilities or any other alternative system which discharges into the soils of the Township. All systems shall be operated under the jurisdiction of the West Manheim Township Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of the Commonwealth of Pennsylvania.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the DEP in accordance with the Act and with applicable DEP regulations.
[1]
OMD
On-lot management districts.
ON-LOT SEWAGE DISPOSAL SYSTEM
Any sewage system disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, and which is located upon the lot which it serves.
OWNER
Any person, corporation, partnership, etc., holding deed/title to lands within West Manheim Township.
PERSON
Any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this Part 2, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to, or exception to the revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.
PUMPER/HAULER
Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems.
PUMPERS REPORT/RECEIPT
York County Sludge/Septage Manifest and Report (Manifest); form which shall be used by all licensed pumpers/haulers to report each pumping of on-lot sewage disposal systems in the Township.
[Amended 9-2-2010 by Ord. No. 4-2010]
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
REPLACEMENT AREA
An area designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the DEP and all applicable Township ordinances for an individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the York County Recorder of Deeds.
SEPTAGE
The residual scum and sludge pumped from septic systems.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or any noxious or deleterious substance 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.
SEWAGE ENFORCEMENT OFFICER (hereinafter called "SEO")
A person appointed by the Board to administer the provisions of this Part 2 and authorized by the DEP in accordance with Chapter 72, Administration of Sewage Facilities Permitting Program, of Title 25, Rules and Regulations,[2] to perform percolation tests, site and soil evaluation and issue sewage permits for on-lot disposal systems.
SEWAGE FACILITIES
Any method of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this commonwealth or otherwise provide for the safe and sanitary treatment of sewage.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this Part 2, the Sewage Facilities Act,[3] the Clean Streams Law,[4] the regulations promulgated thereunder and such other requirements adopted by the Board of Supervisors to effectively enforce and administer this Part 2.
[Added 9-2-2010 by Ord. No. 4-2010]
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SUBDIVISION
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
TOWNSHIP
West Manheim Township, York County, Pennsylvania.
[1]
Editor's Note: The original definition of "OLDS Coordinator," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 25 Pa. Code Ch. 72.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
All other definitions of words and terms used in this Part 2 shall have the same meanings as set forth in Chapter 73, Standards for Onlot Sewage Treatment Facilities, of Title 25, Rules and Regulations, Department of Environmental Protection.[5]
[5]
Editor's Note: See 25 Pa. Code Ch. 73.

§ 207-30 Applicability.

From the effective date of this Part 2, its provisions shall apply to all persons owning any property in the Township serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems.

§ 207-31 Sewage permit requirements.

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 Pennsylvania Sewage Facilities Act (hereinafter called "Act 537" or "Act") and the standards adopted pursuant to that Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by the municipal SEO. If 72 hours have elapsed, excepting Sundays and holidays, since the SEO issuing the permit received notification of completion of construction, the applicant may cover said system or structure, unless permission has been specifically refused by the SEO.
C. 
The Township may require applicants for sewage permits to notify the Township's certified SEO of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the Township's certified SEO at the cost of the applicant.
D. 
No building or occupancy permit shall be issued by the Township or its CEO for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the Township's certified SEO.
E. 
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, until the Township's CEO and the structure's owner receive from the SEO either a permit for alteration or replacement of the existing sewage disposal system or written notification that such a permit will not be required. In accordance with Chapter 73 regulations,[2] the certified SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
[2]
Editor's Note: See 25 Pa. Code Ch. 73.
F. 
Sewage permits may be issued only by a certified SEO employed by the Township for that express purpose. The DEP shall be notified by the Township as to the identity of its currently employed certified SEO.
G. 
No sewage permit may be issued unless proof is provided that the owner of record has owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the Township.
H. 
No final Act 247, as amended, approval on a subdivision plan may begin until Act 537 planning is approved by the Township and DEP.

§ 207-32 Ground markers.

Any person who shall install new or rehabilitated systems shall provide a marker or markers (locatable with a metal detector) at ground level locating the subsurface waste disposal tank and other important components of the system requiring periodic inspection and maintenance. Requirements for marker types and locations will be determined by the Township's SEO. In addition, a riser or access hatch shall be constructed so as to enable easy access to the waste disposal tank, and prevent odors from escaping and to prevent children from removing the hatch. Accessibility for visual inspection and maintenance shall be provided in the drainage fields via four-inch vertical, non-perforated PVC pipe connected directly to the drain tile at a minimum of four locations in the drainage field. If not installed by the Township or its authorized agent, such installation shall be subject to its approval.

§ 207-33 Replacement areas.

A. 
Requirements.
(1) 
After the effective date of this Part 2, a replacement area for an individual on-lot sewage system shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system, or for which a valid permit for installation of an individual on-lot sewage system has not been issued. Lots existing prior to the effective date of this Part 2 shall be exempt from the requirements of this section.
(2) 
The replacement area provided shall comply with the Act and with all regulations issued by the DEP as incorporated into this Part 2 concerning individual on-lot sewage systems, including isolation distances, and with the terms of this Part 2 and any other applicable Township ordinances.
B. 
Identification of replacement area.
(1) 
Each applicant who shall submit a plan for the subdivision or development of land or who shall apply for a permit for the installation of an individual on-lot sewage system, or who shall request approval of a planning module for land development or the adoption of a revision, exception to revision, or supplement to the Official Plan shall demonstrate to the satisfaction of the SEO that a suitable area exists on the lot or on each lot to be created for an initial individual on-lot sewage system and for the replacement area. The SEO shall perform or observe all tests required for the location of an individual on-lot sewage system to confirm the suitability of the replacement area. Allowance of open land for the replacement area without testing performed or observed by the SEO shall not constitute compliance with the requirements of this section.
(2) 
The location of the initial individual on-lot sewage system and the replacement area as confirmed by the SEO shall be identified on the plot plans and diagrams submitted as part of the permit application.
(3) 
If the application has been submitted as a part of an application for subdivision or land development approval or as part of a request that the Township approve a planning module for land development or amend its Official Plan, or a request for an exception to the revision of the Official Plan, the location of each initial individual on-lot sewage system and each replacement area shall be noted upon the plans. If the application is for subdivision or land development approval, a note constituting a permanent easement shall be added to the plans stating that no improvements shall be constructed upon the replacement area, and the deed to be recorded for each lot created as part of the subdivision or land development shall contain language reflecting this limitation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Any revisions to a permit or plan affecting a replacement area which previously has been approved pursuant to the provisions of this Part 2 shall be reviewed for approval by the Board or its authorized representative.
C. 
Construction restrictions.
(1) 
The easement for the replacement area noted upon the plan and recorded with the York County Recorder of Deeds shall state that no permanent or temporary improvements of any character, other than shallow-rooted plant matter, shall be constructed upon the replacement area.
(2) 
This provision shall be enforced by the Township unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the SEO that an alternate replacement area which complies with all applicable regulations of the DEP, this Part 2 and all other applicable Township ordinances exists upon the lot. If such an alternate replacement area shall be identified, the alternate replacement area may be considered to be the replacement area required by this Part 2 and shall be designated as the replacement area. The newly designated replacement area shall thereafter be considered the replacement area for the purposes of this Part 2.
D. 
Relief from replacement area requirement.
(1) 
If any lot held in single and separate ownership as of the effective date of this Part 2 does not contain land suitable for a replacement area, the applicant submitting a land development plan or a planning module for land development or desiring to install an individual on-lot sewage system may request that the Board grant an exception to the requirement of providing a replacement area. The applicant for such an exception shall present credible evidence to the Board demonstrating that the lot was held in single and separate ownership on the effective date of this Part 2; the size of the lot; inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and the testing conducted to determine that the lot is not suitable to provide a replacement area.
(2) 
At all times, the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this Part 2. In no case shall any lot be exempted from the requirements of § 207-31 of this article.

§ 207-34 Inspections.

[Amended 9-2-2010 by Ord. No. 4-2010]
A. 
Within two years from the effective date of this Part 2, all on-lot sewage disposal systems, cesspools or dry wells within West Manheim Township must be inspected and certified to be in proper working order by the Township's Sewage Enforcement Officer (SEO). Thereafter, on-lot disposal systems must be inspected and certified every four years. The SEO inspection shall be conducted in accordance with all applicable state and federal regulations. All costs associated with inspection, pumping and remediation shall be the responsibility of the property owner; the fees associated with the SEO services shall be established by resolution of the Board of Supervisors.
B. 
The Township will send, via regular United States Mail, notice to the property owner that the on-lot disposal system is due for inspection and certification. Within 45 days from receiving notice of intent to inspect from the Township, the owner must schedule an appointment with the SEO.
C. 
At the time of the scheduled inspection, the owner shall cause the on-lot disposal system to be pumped so that it may be inspected by the SEO. The tank shall not be pumped until the SEO has visually inspected the tank.
D. 
Access to the inside of the dwelling shall be available at the time of inspection. The SEO will ensure that all effluent and gray water from the dwelling is going into the septic system.
E. 
A copy of the inspection report shall be furnished to the owner and current resident which shall include all of the following information which is reasonably available to the SEO: date of inspection; name and address of system owner; description and diagram of the location of the system, including location of access hatches, risers, and markers; size of tanks and disposal fields; current occupant's name and number of users; indication of any system malfunctions observed; results of any and all soil and water test; any remedial action required.
F. 
The Township's authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is malfunctioning, the Township shall take action to require the correction of the malfunction. If total correction cannot be done in accordance with the regulations of DEP, including but not limited to those outlined in Chapter 73 of Title 25 of the Pennsylvania Code, or it is not technically or financially feasible in the opinion of the authorized agent or representative of DEP, then action by the property owner to mitigate the malfunction shall be required.
G. 
The Township's authorized agent shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:
(1) 
The matter shall be referred to the Township Manager and/or Board of Supervisors for action.
(2) 
The Board may schedule a review at the next scheduled meeting, or, if the situation threatens the health or safety of the residents of the Township, the Board may commence an immediate procedure to obtain a search warrant from the Magisterial District Judge.
(3) 
Upon receipt of a search warrant to inspect the property, the authorized agent of the Township shall be accompanied by an officer of the Township Police, and the inspection shall be completed in accordance with this Subsection G.
(4) 
Any cost incurred by the Township shall be charged to the property owner, and, if reimbursement is not made, a lien shall be placed on the property.
(5) 
The provisions of this Subsection G for obtaining a search warrant may be waived only when the Board and its authorized agent have reason to believe that the sewage facilities or alternative system is malfunctioning or being operated improperly such that the situation poses an immediate and substantial safety, water pollution or health hazard.

§ 207-35 Discharge of wastes.

A. 
Only normal domestic wastes shall be discharged into any on-lot sewage disposal system.
B. 
The following shall not be discharged into the system:
(1) 
Industrial waste.
(2) 
Automobile oil and other nondomestic oil.
(3) 
Toxic or hazardous substances or chemicals, including, but not limited to, pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
(4) 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.

§ 207-36 Maintenance.

[Amended 9-2-2010 by Ord. No. 4-2010]
A. 
After the initial inspection and certification as required by this Part 2, the property owner shall have the tank pumped, inspected and certified every four years.
(1) 
A report, as described in § 207-34E, shall be furnished to the owner and Township.
(2) 
Upon completion of each required pumping, the private septage waste hauler shall fill out and submit a pumper report/receipt, copies of which shall be provided by the Township by a licensed pumper/hauler. The private septage pumper/hauler shall provide one copy of the pumper's report/receipt to the owner and one copy to the Township. Copies must be received at the Township's business office within 30 days of the date of pumping.
B. 
The required pumping frequency may be increased at the discretion of an authorized agent, if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown.
C. 
Any person owning a building served by an 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 available for inspection by the SEO. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks.
D. 
The Township may require additional maintenance activity 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. Repair permits issued by the certified SEO must be secured for these activities.

§ 207-37 Malfunctions and rehabilitation.

A. 
No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. 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 unless a permit to discharge has been obtained from the DEP.
B. 
The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the owner shall make application to the Township's certified SEO for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days 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 shall set an extended completion date.
D. 
The Township's certified SEO 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, expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank or other alternatives as appropriate for the specific site.
E. 
In lieu of, or in combination with, the remedies described in Subsection D, the SEO 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 may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water-usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.
F. 
In the event that the rehabilitation measures in Subsections A through E of this section are not feasible or do not prove effective, the Township may require the owner to apply for a permit to construct a holding tank or install an alternative treatment system in accordance with the Township ordinance and DEP regulations. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
[Amended 9-2-2010 by Ord. No. 4-2010]
G. 
Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the 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 that it feels necessary.

§ 207-38 Repair by Township; costs and liens.

A. 
The Township, upon written notice from the SEO that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace an on-lot sewage disposal system as provided under the terms of this Part 2, shall have the authority to perform or contract to have performed the work required by the SEO.
B. 
The owner shall be charged for the work performed, and, if necessary, a lien shall be entered therefor in accordance with law.

§ 207-39 Disposal of septage.

A. 
All septage pumpers/haulers operating within the Township shall be certified with the Township and shall comply with all reporting requirements established by the Township.
B. 
All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.
C. 
Septage pumpers/haulers 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). Any septage pumper/hauler who violates any of the provisions of this Part 2 or regulations of West Manheim Township or the conditions of its state permit or of any state or local law governing its operation shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not 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. If any pumper/hauler shall have been convicted on two occasions of any violation of this Part 2, or for violating the conditions of its state permit or of any state or local law governing its operation, the Board shall have the power to suspend said pumper/hauler from operating within the Township for a period of not less than six months nor more than two years for each violation, as determined by the Township. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part 2 that is violated shall also constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 207-40 Administration; fee schedule.

A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part 2.
B. 
The Township shall employ qualified individuals to carry out the provisions of this Part 2. Those employees shall include a certified SEO, a CEO, a secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this Part 2.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems shall become the property of the Township. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Township's OLDS management program shall be made available, upon request, for inspection by representatives of the DEP.
D. 
The Board shall establish all administrative procedures necessary to properly carry out the provisions of this Part 2.
E. 
The Board may, by resolution, establish a fee schedule, and subsequently collect fees to cover the cost to the Township of administering this program.

§ 207-41 Appeals.

A. 
Appeals from decisions of the Township or its authorized agents under this Part 2 shall be made to the Board in writing within 45 days from the date of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Board at its next regularly scheduled meeting, if the appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the subsequent 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 appeal.
C. 
A decision shall be rendered in writing within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the release sought by the appellant shall be deemed granted.

§ 207-42 Violations and penalties.

[Amended 9-2-2010 by Ord. No. 4-2010[1]]
Any person failing to comply with any provision of this Part 2 shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day following the forty-five-day scheduling period provided in § 207-34B hereof that the owner fails to make arrangement for inspection with the Township SEO and/or fails to have the on-site sewage disposal system inspected, certified, and pumped shall constitute a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).