[Adopted 2-26-1990 by Ord. No. 1-1990]
A. 
The purpose of this article is to establish procedures for the use, inspection and maintenance of private sanitary sewage disposal systems within Pocopson Township. It is hereby declared that the enactment hereof is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Township and is further authorized by the rules and regulations of the Pennsylvania Department of Environmental Protection, as published in Chapter 71 of the Pennsylvania Code.
B. 
Nothing to the contrary withstanding, however, any and all construction, maintenance, repair and/or reconstruction of any individual or community sewage system shall be in full conformance with the rules and regulations of the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection pursuant to the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A. 
Unless the context specifically and clearly indicates otherwise, the meaning of the following terms used in this article shall be as herein defined:
PERSON
Any natural person, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.[1]
REASONABLE ATTORNEYS' FEES
All those attorneys' fees incurred by the Township in bringing an action to enforce this article and collect fines and penalties in connection therewith and shall be at that hourly rate annually approved by the Board for the Township Solicitor.[2]
SEWAGE TREATMENT PLANT
A facility which receives sanitary sewage and treats such sewage to reduce the organic and other pollutants to a degree and by such methods as are permitted by the Pennsylvania Department of Environmental Protection and/or the Chester County Health Department. Sewage treatment plants may include primary treatment in septic tanks, and secondary and tertiary treatment systems recognized and approved by the Pennsylvania Department of Environmental Protection and such additional facilities as are required to provide subsurface, spray irrigation or stream discharge disposal of treated effluents.
SEWERAGE
The system of sewers and appurtenances for the collection, transportation, pumping, treating and disposing of sanitary sewage.
SPRAY IRRIGATION
The disposal of treated sewage by spraying on the surface of the ground, designed and permitted in accordance with the regulations of the Pennsylvania Department of Environmental Protection.
STREAM DISCHARGE
The discharge of treated sewage wastes to a stream or to the surface water of the commonwealth, designed and permitted in accordance with the regulations of the Pennsylvania Department of Environmental Protection.
SUBSURFACE DISPOSAL SYSTEM
The discharge and disposal of sewage wastes treated by septic tank or other means through a buried piping system and directly into the soil beneath the surface of the ground.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The definition of words and terms in Chapter 250, Zoning; Chapter 190, Subdivision and Land Development; or Article I, Holding Tanks, of this chapter, shall apply to the same words and terms contained in this article.
[Added 3-24-2008 by Ord. No. 1-2008[1]]
All preliminary subdivision and land development plan applications shall include a wastewater treatment and disposal feasibility report containing the following information:
A. 
The report shall include the complete Sewage Facilities Planning Module, as provide by the Pennsylvania Department of Environmental Protection, including complete site testing information.
B. 
The report shall demonstrate the adherence of the plan to all relevant portions of this chapter (Chapter 170 of the Code of Pocopson Township).
C. 
The report shall evaluate individual on-lot sewage systems as the preferred technology for single-family dwellings on lots of one acre or greater in size, site conditions permitting, unless specified otherwise by the official Township Act 537 Sewage Facilities Plan.
D. 
When the installation of a community sewage system is contemplated, the report shall begin the evaluation of alternatives with technology, as set forth herein at § 170-20D(1). The evaluation shall continue in sequence. The most preferred feasible alternative, as selected by the Township at the Township's discretion, shall be the technology selected for use.
(1) 
Alternatives shall be evaluated in the following order of the Township's preference as established below:
(a) 
Lagoon treatment system with sand or membrane filtration and spray irrigation and/or other community reuse systems.
(b) 
Lagoon treatment system with sand or membrane filtration and drip irrigation.
(c) 
Community tertiary treatment with membrane filtration system with spray irrigation.
(d) 
Community tertiary treatment with membrane filtration system with drip irrigation.
(e) 
Community aerobic treatment with sand filtration and spray irrigation.
(f) 
Community aerobic treatment unit with membrane filtration system and drip irrigation.
(g) 
Community septic tank or tanks with sand filter treatment and denitrification followed by subsurface diffusion.
(h) 
Community tertiary treatment with membrane filtration system with subsurface diffusion.
(i) 
Community aerobic treatment with sand filter and denitrification followed by subsurface diffusion.
(j) 
Connection to an existing spray irrigation treatment facility, provided there is adequate treatment capacity and irrigation area available or to be provided for current, previously committed, and projected uses.
(k) 
Central holding tank (only for existing uses on a temporary basis until a preferred treatment system is accessible);
(l) 
Other wastewater options at the discretion of the Township.
(2) 
When evaluating the feasibility of the preferred alternatives, a combination of options may be required. For example, if a site is capable of spray irrigating only 50% of its effluent and the only other feasible option is drip irrigation, the largest amount of the site possible shall be spray irrigated and only the remainder of the site shall be disposed of utilizing the less preferred option. Notwithstanding the foregoing, the sequence of alternatives shall be followed in evaluating the combination of options.
(3) 
Lagoon treatment systems are the preferred method of treatment and shall be used wherever possible. The lagoons shall be designed as deep aerated cells with bottom aeration.
(4) 
Alternatives in § 170-20D(1)(c) through (i) shall include a lagoon or other storage facility capable of storing a minimum of 20 days of flow. More storage capacity may be required, at the Township's discretion, if the treatment method involves drip irrigation.
(5) 
Any stream discharge proposal shall require a minimum of 30 days of aerated storage followed by discharge to wetland treatment cells prior to entry into the stream. A stream discharge proposal shall not be considered until such time as the applicant has completed a four-season monitoring of chemical and biological stream quality indicators.
(6) 
Alternatives shall be evaluated in consideration of the Township wastewater policies as established in the official Act 537 Sewage Facilities Plan. The report shall state how the selected alternative will support the stated policies.
E. 
The Township reserves the right to require the applicant, or to hire a consultant at the applicant's expense, to evaluate additional wastewater treatment and disposal alternatives in addition to the alternative proposed to determine if a technology more consistent with municipal wastewater and land use policies is feasible.
F. 
The Township reserves the right to require the implementation of a system other than the system proposed by the applicant, if the Township's selection could result in long-term environmental protection and economic savings to the Township and/or system users.
G. 
The report shall include a detailed breakdown of operation and maintenance costs for the proposed system to demonstrate the estimated yearly cost per unit served. The operation and maintenance budget shall include a capital reserve component to provide for replacement of major equipment.
H. 
The report shall be prepared by a registered professional engineer. The report shall be submitted with the preliminary plan for review and recommendation by the Township Engineer or other consultant as selected by the Township.
I. 
Where a community sewage system utilizing surface or subsurface disposal of wastewater effluent is proposed, hydrogeologic and permeability testing shall be required as part of the report.
J. 
The report shall contain sufficient engineering and cost data, evaluations and recommendations to enable the Township to evaluate the advantages or disadvantages of providing the subdivision or land development with the various methods of wastewater treatment and disposal considered and that which is ultimately selected.
[1]
Editor's Note: This article also provided for the renumbering of former §§ 170-20 through 170-26 as §§ 170-21 through 170-27, respectively.
A. 
Inspection of sanitary sewage systems. Where a community sewage system is owned and operated by a homeowners' association or an independent sewage treatment plant is privately owned and operated, the Township shall have the right to conduct such regular and reoccurring inspections as may be required to assure that the system is being properly operated and maintained. The scope of such inspections shall be established for each sanitary sewage system depending upon the type and complexity of the proposed system. For this purpose, the Township shall appoint an inspector, which inspector may be a person or company or firm skilled and, where appropriate, licensed in the construction and operation of sanitary sewer systems and treatment plants. The costs of such inspection shall be borne by the party owning the sanitary sewage system.
B. 
Submission of budgets and reports.
(1) 
Any homeowners' association owning and operating a community sewage system shall upon formulation of its annual budget submit a copy of such budget to the Secretary of the Township for approval by the Board of Supervisors. The budget shall include, among other things:
[Amended 5-9-2011 by Ord. No. 2-2011]
(a) 
The anticipated fees per household or other connection, to be collected by the homeowners' association.
(b) 
The total income anticipated.
(c) 
A breakdown of estimated operating and maintenance costs.
(d) 
The addition to, payments anticipated from, and balances in accounts set aside for replacement of the various elements of the sewage collection and treatment system.
(2) 
Any member of the homeowners' association, or the Township, shall have the right, at such time and place as is reasonable, to inspect the books and records of the homeowners' association reflecting receipts and disbursements relating to operation of the community sewage system.
C. 
Township operation of independent community sewage disposal systems.
(1) 
Acceptance of systems. The Township may act to accept any independent sanitary sewage system at any time that the Board deems it to be in the public interest to do so; in which case, the operation and maintenance responsibilities of the owners shall cease. In such a case, the Township will establish an independent sanitary sewage district and establish sewer rates in accordance with a duly enacted ordinance, said rates to be sufficient to provide for all of the operating, maintenance and replacement requirements of the system. The collection of said rates shall be in accordance with the terms of the ordinance.
(2) 
Right to make repairs and perform maintenance.
(a) 
In the event that the owner of the facility, or any successor thereof, shall at any time fail to maintain the facilities, or shall at any time fail to perform any other act of maintenance or repair necessary for the safe and efficient operation of the system, the Township may serve written notice upon the owner of the facility or, if the owner is a homeowners' association, the members thereof, setting forth:
[1] 
The manner in which the owner has failed to maintain the facilities in reasonable condition, or otherwise as required.
[2] 
A demand that such deficiencies of maintenance be corrected within 30 days.
[3] 
The right of the owner, within seven days of the date of notice, to request, in writing, a hearing which shall be held within 14 days of receipt of a request therefor.
(b) 
Public hearing. At such a hearing the Township may modify the terms of the original notice concerning the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies, or the modifications thereof, shall not be corrected within 30 days or within any extension, the Township may, but shall not be required to, enter upon the facilities and maintain the same for a period of one year. The said maintenance by the Township shall not constitute a taking of the property or any part thereof nor vest in the public any rights to use the same.
(c) 
Burden of proof. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the owner of the facility, call a public hearing upon notice to owner. At the hearing, the owner shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that the owner is ready and able to operate and maintain the facility in reasonable condition, the Township shall cease to operate or maintain the facilities at the end of said year. If the Township shall determine that the owner is not ready and able to maintain the facilities in a reasonable condition, the Township may, in its discretion, continue to maintain and operate the facilities during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(d) 
Cost of corrections, repairs and maintenance. With respect to any independent sanitary sewage system which, pursuant to this article, the Township shall enter upon and repair, correct or maintain same, the Township shall have the right to assess ratably the owners of the property served by the facility, which assessment shall become a lien on said properties. With respect to facilities owned by homeowners' associations, the cost of such operation, maintenance and enforcement proceedings by the Township shall be assessed ratably, in accordance with present tax assessments, against the owners of property within the development(s) served by the facility and shall become a lien on the said properties. The Township, upon entering the property for the purposes of maintenance, correction or repair, shall file a notice of such lien in the office of the Prothonotary of Chester County.
(e) 
Emergency maintenance. Should a default in the required maintenance as described above cause a condition which the Township determines, in its reasonable discretion, to be an emergency requiring immediate action to avert possible property damage or personal injury, the Township may, but need not, enter the property and immediately undertake the necessary repair or maintenance without the prior notice or hearing described in Subsection C(2)(a), (b) and (c) herein, in accordance with the rules and regulations of the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
The following provisions shall apply to the construction and operation of any combined on-lot subsurface disposal systems or the construction and operation of any individual on-lot disposal system serving one or two lots which relies upon stream discharge or spray irrigation for disposal of less than 1,000 gallons per day of effluent:
A. 
The construction and operation of such systems shall be subject to the issuance of appropriate permits from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.
B. 
Before making application for such permits, plans for the proposed system, as well as any and all other materials required to be submitted to the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection pursuant to the then-applicable statutes, regulations or directives, shall be submitted to Pocopson Township for review by the Township Engineer or such other consultant as the Township deems appropriate. The Township shall communicate its findings and recommendations to the appropriate officials at the Pennsylvania Department of Environmental Protection, Chester County Health Department, and any other interested or affected agency or party.
C. 
The construction of such systems shall be subject to the inspection and approval of the Township Engineer or consultant, as well as appropriate Chester County Health Department and/or Pennsylvania Department of Environmental Protection personnel.
D. 
The Township may require background testing of wells in the vicinity of any proposed combined on-lot subsurface disposal system and may also require the testing of any stream flows or groundwater through monitoring wells appropriate to determine the background conditions of stream flow and groundwater prior to the construction of stream discharge or spray irrigation systems. Such background testing shall generally be in conformity with the Pennsylvania Department of Environmental Protection and the Chester County Health Department regulations whether or not required by the Pennsylvania Department of Environmental Protection.
E. 
The Township reserves the right to require the deposit of 5% of the replacement cost of the system or $4,000, whichever is greater, in an escrow account to guarantee the proper operation of such systems, which escrow shall be released after two years of acceptable operation.
[Amended 11-28-2005 by Ord. No. 3-2005]
F. 
The Township may require effluent to be discharged to streams or spray irrigation systems to be tested on a monthly basis until such time as the effective operation of the system is established, after which the Township may reduce such testing intervals to quarterly.
G. 
The Township may require that sand filters be installed as a last step of effluent treatment before discharge to combined subsurface disposal systems or to stream discharge or spray irrigation systems.
H. 
The property owner or owners will be required to enter into an agreement with the Township guaranteeing the proper operation and maintenance of such systems and providing that the Township may inspect such systems on a monthly or quarterly basis. Upon discovering any malfunctioning in the operation of such systems and after notice to the property owners and the failure of the said property owners to make the necessary repairs or replacement, the Township may enter upon the property and perform the necessary steps to restore the system to proper operation in accordance with the rules and regulations of the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. The agreement shall also provide that all expenses of the Township shall be paid by the owner or owners of the system involved with the right of the Township to file municipal liens to enforce the collection of such cost.
I. 
The costs of the reviews, inspections and other matters undertaken by the Township and its designees under this section shall be borne by the owner(s) of the system.
[Amended 11-19-2012 by Ord. No. 6-2012]
A. 
The operation and maintenance of an individual on-lot sewage disposal system shall be the sole responsibility of the lot owner. Individual on-lot sewage disposal system owners shall have their septic tank or cesspool pumped at least every three years unless granted an extension by the Township under the provisions of Subsection B, below, and shall make such other repairs or replacement as are necessary to correct and/or prevent the malfunctioning of the system. The lot owner shall supply to the Township proof of pumping upon request of the Township. The Township reserves the right to require property owners served by individual on-lot disposal systems to take steps to abate the malfunctioning of such systems, including, but not limited to, the replacement of the system, more frequent pumping of septic tanks or cesspools or the repair or replacement of any defective elements of such systems. This is in addition to any remedies available in law or equity to the Chester County Health Department, Pennsylvania Department of Environmental Protection or the Township.
B. 
A lot owner may apply to the Township for an extended pumping period for up to every five years if the system has limited use such as a guesthouse with no regular occupant or a dwelling that is vacant for four or more months a year. The Board of Supervisors or its designated representative shall determine if the extension shall be granted.
C. 
The construction and/or replacement of individual on-lot sewage disposal systems shall be subject to the issuance of appropriate permits by the Chester County Health Department or other necessary federal, state or local entities.
D. 
Chester County Health Department licensed liquid waste haulers operating in the Township shall report pumping, maintenance needs and all associated data to the Chester County Septage Management Data System or to any other septage management data system so designated by the Board of Supervisors.
E. 
The Township may use data from a septage management data system to administer the Township's on-lot sewage management program.
F. 
Any person owning an on-lot sewage disposal system which utilizes any components or technologies deemed by the Pennsylvania Department of Environmental Protection (DEP) to require more detailed operation and maintenance requirements than provided for in this section, including but not limited to individual residential spray irrigation systems, drip irrigation systems, stream discharge systems, alternate systems, or experimental systems shall be further subject to the maintenance responsibilities recommended by DEP for said system. These responsibilities shall be memorialized in individual operation and maintenance agreements for each such use, to which both the Township and the property owner shall be party.
G. 
Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system:
(1) 
Industrial waste.
(2) 
Automobile oil or other nondomestic oil.
(3) 
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.
(4) 
Nonbiodegradable materials.
(5) 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
A. 
Where a proposed publicly or privately owned individual community sewage system requires a change or revision in the Township's Official Plan under Act 537, the individual proposing the system shall provide the Township with all information required under the regulations promulgated by the Pennsylvania Department of Environmental Protection or Chester County Health Department.
B. 
Prior to approving, or recommending any revisions or amendments to the Township's Act 537 Plan, the person proposing any changes or amendments to the Act 537 Plan which would provide for stream discharge sewage disposal shall show the unavailability of any alternative site, as well as the efforts made to obtain same, on which a subsurface or spray treatment sewage disposal system could have been located.
The fees for any reviews, inspections or other matters undertaken by the Township, or its designees under this article, shall be sufficient to cover the fair and reasonable expense of those activities, and shall be as prescribed by resolution of the Board of Supervisors.
The Board may, from time to time, adopt such rules, regulations, standards and procedures as shall be determined necessary in order to properly administer the provisions of this article; provided, however, that no such rule or regulation standard or procedure shall be adopted if the same is inconsistent with any Pennsylvania statute or rule or regulation promulgated thereunder. Upon such promulgation by the Board, the same shall become fully enforceable by the Board under this article.
[Amended 11-28-2005 by Ord. No. 3-2005]
Any person who violates or permits the violation of any provision of this article shall, upon being found liable thereof in a criminal enforcement proceeding, pay a fine of not more than $1,000, plus court costs and reasonable attorneys' fees, and may be incarcerated for a period not exceeding 90 days for each and every violation. Such fine, costs, attorneys' fees, and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the Township pursuant to the applicable Rules of Criminal Procedure. Each twenty-four-hour period during which failure to comply continues shall constitute a separate violation. The Township Code Enforcement Officer shall initiate criminal enforcement proceedings in order to achieve compliance with this article.