[Adopted 1-17-2006 by Ord. No. 06-01]
A. 
The purpose of this article is to provide for the regulation, design, inspection, maintenance, use and rehabilitation of community on-lot sewage disposal systems (COLDS) designed to treat and dispose of sanitary sewage from more than one source. It is hereby declared that the enactment of this article is necessary for the protection, benefit, and preservation of health, safety, and welfare of the inhabitants of the Township.
B. 
This article is intended to provide a method of sewage treatment and disposal under circumstances where the Township does not have the capability to convey, treat, and/or dispose of sewage via the Township or Township-designated agency's publicly held conveyance, treatment, and/or disposal system, and where the construction, use, and maintenance that are or may be associated with individual sewage disposal systems pose or may present potential health risk.
As part of any zoning and subdivision approval proposing the use of a COLDS, compliance with these rules and regulations shall be a condition of any such approval, including the condition that the system shall be subject to a continuing offer of dedication to the Township. All COLDS, as herein defined, to be constructed shall have as the official permittee the Township of Upper Uwchlan as required by the Township's Act 537 Plan. No COLDS shall be accepted for dedication except in accordance with these rules and regulations. The provision set forth in this scope shall be memorialized in appropriate textual notes prominently set forth on the approved final subdivision and land development plan.
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
Upper Uwchlan Township Municipal Authority (UUTMA).
AUTHORIZED AGENT
The Sewage Enforcement Officer, designated by the Chester County Health Department (Health Department), or other person or entity appointed by the Upper Uwchlan Township Board of Supervisors to administer this article.
BOARD
The Board of Supervisors of Upper Uwchlan Township, Chester County, Pennsylvania.
CAPITAL RESERVE FUND
An interest-bearing revolving fund, established for the Authority with monies contributed by each COLDS developer, for the purpose of financing major equipment and facility repairs, replacement, or upgrades. A separate capital reserve fund shall be established for each COLDS.
CCHD
The office of the Chester County Health Department administering the issuance of permits and promulgating regulations governing COLDS in various municipalities of Chester County, Pennsylvania, as authorized under Chapter 72, Section 72.25, excluding on-lot systems greater than 10,000 GPD, any industrial waste disposal system or any on-lot system requiring a Clean Streams Law permit (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001).
CLEAN STREAMS LAW
An act to preserve and improve the purity of the waters of the commonwealth for the protection of public health, animal and aquatic life as approved June 22, 1937, P.L. 1987, No. 394, as amended.
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COMMUNITY ON-LOT SEWAGE DISPOSAL SYSTEMS (COLDS)
A sanitary sewage treatment and disposal system that treats and disposes of sewage utilizing subsurface adsorption or land application and serves more than one dwelling unit. The definition specifically excludes any treatment or disposal system that serves only one dwelling unit.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
DESIGN STANDARDS
Design standards for COLDS established by the Department (25 Pa. Code Chapter 73) and/or CCHD as well as all relevant installation and locational standards established by such regulations, and specifications for the design, installation, and use of COLDS as set forth in Upper Uwchlan Township's Rules and Regulations are incorporated herein by reference as though set forth at length.
ENGINEER
The Township's or Authority's duly appointed engineer or engineering firm, which provides the Board with technical and engineering consultation.
IMPROVEMENT 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 sanitary sewage shall or may discharge.
PERSON
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 legal entity whatsoever that 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 municipality, or public or private corporation for profit or not for profit.
REHABILITATION
Work done to modify, alter, repair, enlarge, or replace an existing COLDS sewage disposal system.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from bodies of human beings or animals and 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. This term in this article specifically excludes wastewaters of industrial origin.
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the Department who is employed by the Health Department having jurisdiction in Upper Uwchlan Township. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities concerning COLDS.
SUBDIVISION
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.
TOWNSHIP
Upper Uwchlan Township, Chester County, Pennsylvania.
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Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
The Board hereby authorizes and empowers the Authority to undertake within the Township the control of methods of COLDS design, installation, and operation.
B. 
The Board hereby authorizes and empowers the Authority to require capital reserve funds, enter into or acquire escrow agreements, construction, and performance bonds, and engineering services to ensure COLDS are designed, constructed, and operated in accordance with any applicable rules and regulations of the Board.
C. 
The Board is empowered to take ownership of all operating COLDS within the Township. Method and manner of possession of COLDS will be as dictated by the Board's rules and regulations and the laws of the Commonwealth of Pennsylvania.
D. 
The Board hereby authorizes and empowers the Authority to operate, maintain, improve, and/or abandon any COLDS owned by the Township.
A. 
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning COLDS which it may deem necessary from time to time to effect the purpose herein.
B. 
All such rules and regulations adopted by the Authority shall be in conformance with the provisions herein, all other ordinances of the Township, and all applicable laws and rules and regulations of the Commonwealth of Pennsylvania.
The Authority shall have the right and power to fix, alter, charge, and collect rates, assessments, fees, and other charges at rates authorized by applicable law and determined by the Authority to be necessary to properly operate and maintain each COLDS.
The collection, treatment, and disposal of all sewage from any improved property utilizing a dedicated COLDS shall be done solely by the Authority or its authorized representative.
From the effective date of this article, any person who is proposing a COLDS serving as means of sewage disposal within the Township is subject to all requirements of this article. The owner of any proposed COLDS shall be responsible for obtaining all required permits from the Township, the Authority, Department, CCHD, and any other agencies requiring permits for such an installation. The owner of any proposed COLDS shall be responsible for its construction and startup in accordance with the requirements of this article.
A. 
No person shall install, construct, request bid proposals for construction of, or alter a COLDS without first obtaining a permit from the proper agency (Sewage Enforcement Officer, authorized agent or department) which shall indicate that the site, the plans, and the specifications of such system are in compliance with provisions of the Clean Streams Law and the regulations adopted pursuant to this article.
B. 
The procedures for application for and granting of a permit shall be established, revised, promulgated, and enforced by the authorized agent.
C. 
No building or occupancy permit shall be issued for a new building that will contain a COLDS until a valid sewage permit is obtained from the Sewage Enforcement Officer.
D. 
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 to the COLDS, until the appropriate officials of the Township receive written notice from the Sewage Enforcement Officer that such work will not require additional flow. The Sewage Enforcement Officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
The Township, the Authority, its agents, and employees shall have the right of access onto and may enter into any building, property, lands, premises, and place as may be necessary to carry out the provisions of this article and the rules and regulations promulgated hereunder, including, without limitations, the taking of samples for analysis (and, if necessary, enforcement action) of any solid, semisolid, liquid, or contained gaseous material.
Only normal domestic waste shall be discharged into any COLDS, including wastes listed in Section 73.11c of Title 25 of the Pennsylvania Code. The following shall not be discharged into the system:
A. 
Industrial waste.
B. 
Automobile oil and other nondomestic oils.
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 ground water, including water from roof or cellar drains, springs, basement sump pumps, and French drains.
A. 
Any person failing to comply with any provision of this article may be subject to a civil penalty of not less than $300 and not more than $2,500 for each violation, and, in addition, may be assessed the cost of damages caused by such violation and the cost of correcting such violation. Each day of noncompliance shall constitute a separate offense.
B. 
In addition to the penalties provided above, the Authority is authorized to file appropriate actions at law or in equity in the Court of Common Pleas in and for Chester County, or before any body having jurisdiction over the persons and activities herein regulated, to abate any violations and remove any COLDS not owned, operated, maintained, or constructed in accordance with the provisions of this article. Violations of this article are declared to be public nuisances and will be abated as such.
For all ordinances or resolutions or parts of ordinances or resolutions, insofar as they are inconsistent with this article, the more stringent ordinance or resolution shall apply.