The purpose of this Part 1, Article D, is to establish procedures for the approval, installation, operation, maintenance and inspection of small flow treatment facilities within the Township. It is hereby declared that the enactment of this Part 1, Article D, is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the Township.
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this Part 1, Article D, shall be as follows:
The Board of Supervisors of Jackson Township, Butler County,
Pennsylvania.
The Pennsylvania Department of Environmental Protection.
A permit for a small flow treatment facility issued in accordance with provisions of this Part 1, Article D.
Any individual, partnership, corporation, association or
other group or entity.
A small stream discharge system or similar sewage disposal
system, as defined by DEP.
Jackson Township, Butler County, Pennsylvania.
No person shall install, operate or maintain a small flow treatment facility without having first applied for and obtained a permit from the Township indicating that the site, plans and specifications of such system are in compliance with the Pennsylvania Sewage Facilities Act of 1966 (P.L. 1535), Act No. 537, 35 P.S. § 750.1 et seq., as amended, this Part 1, Article D, and the rules and regulations adopted pursuant to the Act and this Part 1, Article D.
A.
Application for a permit shall be made on forms prescribed by the
Township Board of Supervisors by resolution.
B.
An application fee, in an amount to be determined by the Township
Board of Supervisors by resolution, as amended from time to time,
shall be paid to the Township at the time application for the permit
is made.
C.
The Township Board of Supervisors may, by resolution, set such additional
fees as shall be necessary to cover the costs incurred by the Township
in processing or granting a permit or undertaking any inspection in
connection with the same.
D.
Permit applications shall be granted or denied by the Township Board
of Supervisors, or such other person or entity designated to do so
by resolution of the Township Board of Supervisors.
The Township Sewage Enforcement Officer, or other person or entity designated by resolution of the Township Board of Supervisors, is hereby authorized to enforce this Part 1, Article D, and undertake any inspection of any small flow treatment facility in order to ascertain if the installation or proposed installation is in conformity with the Pennsylvania Sewage Facilities Act, this Part 1, Article D, and the rules and regulations adopted pursuant to the Act or this Part 1, Article D.
A.
As a condition to the issuance of a permit pursuant to this Part 1, Article D, the owner of the property on which the small flow treatment facility is to be located shall execute an installation and maintenance agreement, in a form acceptable to DEP and the Township Board of Supervisors or its designee.
The Township Board of Supervisors may by resolution delegate all or portions of the Township's powers and responsibilities under this Part 1, Article D, to a designee or Sewage Enforcement Officer.
A.
Any person, firm or corporation who shall neglect or refuse to comply with any of the terms or provisions of this Part 1, Article D, or of any regulations or requirements pursuant thereto and authorized thereby, in addition to the other penalties provided by law, shall, upon conviction before a District Justice or other proper official, be sentenced to pay a fine of not less than $500 nor more than $5,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default thereof, shall be imprisoned for a period not exceeding 90 days, or both.
B.
In addition to the penalties for summary offenses set forth in Subsection A above, the Board of Supervisors of Jackson Township may assess civil penalties in accordance with 35 P.S. § 750.13a. For purposes of this section, the Board of Supervisors or its designee shall hold the requisite assessment hearing. The civil penalty so assessed shall not be less than $300 nor more than $2,500 for each violation.
In addition to any other remedies provided in this Part 1, Article D, any violation of this Part 1, Article D, shall constitute a nuisance and shall be abated by the Township or its designee by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
