[Ord. 396, 4/28/2009, § I]
1.
This Part shall be known any may be cited as "An Ordinance Providing
for a Sewage Management Program for North Fayette Township."
2.
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 North Fayette
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 Sewage Facilities
Plan for North Fayette Township, adopted January 2009, 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.
3.
The purpose of this Part is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal 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.
[Ord. 396, 4/28/2009, § II]
A sewage enforcement officer, employee of Allegheny County,
professional engineer, plumbing inspector, or any other qualified
or licensed person who is authorized to function within specified
limits as an agent of North Fayette Township to administer or enforce
the provisions of this Part.
The Board of Supervisors, North Fayette Township, Allegheny
County, Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots, and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
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 this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into ground waters
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 of time during any period of the
year.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act, 35 P.S. § 750.1 et seq.
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
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. 394), known
as the "Clean Streams Law," 35 P.S.. § 691.1 et seq., as
amended.
A person certified by DEP who is employed by Allegheny County
Health Department. Such person is authorized to conduct investigations
and inspections, review permit applications, issue or deny permits
and do all other activities as may be provided for such person in
the Sewage Facilities Act, 35 P.S. § 750.1 et seq., 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
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part, the Sewage Facilities
Act, 35 P.S. § 750.1 et seq., the Clean Streams Law, 35
P.S. § 691.1 et seq., the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this Part.
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 North Fayette, Allegheny County, Pennsylvania.
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For the purposes of this Part, any term which is not defined
herein shall have that meaning attributed to it under the Sewage Facilities
Act, 35 P.S. § 750.1 et seq., and regulations promulgated
thereto.
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[Ord. 396, 4/28/2009, § III]
From the effective date of this Part, its provisions shall apply
in any portion of the Township identified in the Official Sewage Facilities
Plan as a sewage management district. Within such as area or areas,
the provisions of this Part shall apply to all persons owning any
property serviced by an on-lot sewage disposal system and to all persons
installing or rehabilitating on-lot sewage disposal systems.
[Ord. 396, 4/28/2009, § IV]
1.
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 from the County Health Department 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 (35 P.S. §§ 691.1-691.1001)
and the Pennsylvania Sewage Facilities Act (35 P.S. 750.1 et seq.)
and the regulations adopted pursuant to those Acts.
2.
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 a sewage enforcement officer. If 72 hours
have elapsed, excepting Sundays and Holidays, since the Township received
notification of completion of construction, the applicant may cover
said system or structure unless permission has been specifically refused
by the Township.
3.
Applicants for sewage permits may be required to notify the Township
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 the Sewage Facilities Act, 35 P.S. § 750.1 et seq., may
be scheduled and performed by a sewage enforcement officer.
4.
No building or occupancy permit shall be issued for a new building
which will contain sewage generating facilities until a valid sewage
permit has been obtained from the Health Department.
5.
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 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 a sewage enforcement officer that such a permit will not be required.
The Township shall determine whether the proposed alteration or conversion
of the structure will result in increased sewage flows.
6.
Sewage permits may be issued only by a sewage enforcement officer
employed by the Allegheny County Health Department.
[Ord. 396, 4/28/2009, § V]
1.
Any on-lot sewage disposal system may be inspected by an authorized
agent at any reasonable time as of the effective date of this Part.
2.
Such inspection may include a physical tour of the property, the
taking of samples from surface water, wells, other groundwater 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.
3.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section.
4.
An initial self-inspection shall be conducted by the homeowner/permittee
within one year of the effective date of this Part 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 Township of each property inspected and a copy of
said report shall be maintained in the Township records.
5.
A schedule of routine inspections has been established to assure
the proper functioning of the sewage systems in the sewage management
district. See "Sewage Management Plan."
6.
An agent of the home owner shall inspect systems known to be, or
alleged to be, malfunctioning. Should said inspections reveal that
the system is indeed malfunctioning, the Township shall order action
to be taken to correct the malfunction. If total correction cannot
be done in accordance with the regulations of DEP including, but not
limited to, those outlined in 25 Pa.Code, Chapter 73, or, is not technically
or financially feasible in the opinion of the authorized agent and
a representative of DEP; then action by the property owner to mitigate
the malfunction shall be required.
7.
If there arises a geographic area where numerous on-lot sewage disposal
systems are malfunctioning, a resolution of these area wide problems
may necessitate detailed planning and a revision to the portion of
the Sewage Facilities Plan pertaining to areas affected by such malfunctions.
If a DEP authorized official sewage facilities plan revision has been
undertaken, repair or replacement of individual malfunctioning sewage
disposal systems within the area affected by the revision may be delayed,
pending the outcome of the plan revision process. However, immediate
corrective action will be compelled whenever a malfunction, as determined
by Township officials and/or DEP, represents a serious public health
or environmental threat.
[Ord. 396, 4/28/2009, § VI]
1.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. 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 roof or cellar
drains, springs, basement sump pumps and French drains.
[Ord. 396, 4/28/2009, § VII]
1.
Each person owning a building served by an on-lot sewage disposal
system which contains a septic tank shall have the septic tank pumped
by a qualified pumper/hauler at least once every three years or whenever
an inspection reveals that the septic tank is filled with solids or
with scum in excess of 1/3 of the liquid depth of the tank. Receipts
from the pumper/hauler shall be submitted to the Township within 30
days of the pumping periods.
2.
The required pumping frequency may be increased at the discretion
of the Township 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. If any person can prove that such person's septic tank
had been pumped within three years of the six-month anniversary of
the effective date of this Part, then that person's initial required
pumping may be delayed to conform to the general three-year frequency
requirement except where an inspection reveals a need for more frequent
pumping frequencies.
3.
Any person owning a property served by a septic tank shall submit,
with each required pumping receipt, a written statement, from the
pumper/hauler or from any other qualified individual acceptable to
the Township, that the baffles in the septic tank have been inspected
and found to be in good working order. Any person whose septic tank
baffles are determined to require repair or replacement shall first
contact a sewage enforcement officer for approval of the necessary
repair.
4.
Any person owning or 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 submitted to the Township within six months of
the effective date of this Part. Thereafter, service receipts shall
be submitted to the Township 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.
5.
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.
[Ord. 396, 4/28/2009, § VIII]
1.
No person shall operate or 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 unless a permit for such discharge has
been obtained from DEP.
2.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging sewage without
a permit.
3.
Within seven days of notification by the County Health Department
that a malfunction has been identified, the property owner shall make
application to the Township 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.
4.
The Township 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 areas, 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
appropriate for the specific site.
5.
In lieu of, or in combination with, the remedies described in Subsection 4 above, the Township 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.
6.
In the event that the rehabilitation measures in Subsections 1 through 5 are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to DEP for a single residence treatment and discharge system. Upon receipt of said permit the owner shall complete construction of the system within 30 days.
7.
Should none of the remedies described in this section by totally
effective in eliminating the malfunction of an existing 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 necessary.
[Ord. 396, 4/28/2009, § IX]
The Township, upon written notice from the County Health Department
that an imminent health hazard exists due to failure of property owner
to maintain, repair or replace an on-lot sewage disposal system as
provided under the terms of this Part, 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.
[Ord. 396, 4/28/2009, § X]
1.
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 DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites, and approved farm lands.
2.
Pumper/haulers of septage operating within the sewage management
district shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.S. §§ 6018.101-6018.1003) and all other applicable
laws.
[Ord. 396, 4/28/2009, § XI]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
2.
The Township shall employ qualified individuals to carry out the
provisions of this Part. Those employees shall include an administrator
and such other persons as may be necessary. The Township may also
contract with private qualified persons or firms as necessary to carry
out the provisions of this Part.
3.
All permits, records, reports, files and other written materials
relating to the installation, operation and maintenance and malfunction
of on-lot sewage disposal systems in the sewage management district
shall become the property of, and be maintained by, the Township.
Existing and future records shall be available for public inspection
during regular business hours at the official office of the Township.
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 DEP.
4.
The Township Board shall establish all administrative procedures
necessary to properly carry out the provisions of this Part.
5.
The Township Board may establish a fee schedule, and authorize the
collection of fees, to cover the cost to Township of administering
this program.
[Ord. 396, 4/28/2009, § XII]
1.
Appeals from final decisions of the Township or any of its authorized
agents under this Part shall be made to the Board of Supervisors in
writing within 30 days from the date of written notification of the
decision in question.
2.
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. If the
appeal is received within 14 days of the next regularly scheduled
meeting. If the appeal is received within 14 days of the next regularly
scheduled meeting, the appeal shall be heard at the next 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 appeal.
3.
A decision shall be rendered in writing within 30 days of the date
of the hearing.
[Ord. 396, 4/28/2009, § XIII; as amended by Ord.
418, 1/29/2014]
Any person failing to comply with any provision of this Part,
upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $500 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
