[Adopted 8-6-2003 by Ord. No. 2003-02]
The purpose of this article is to promote the
health and safety of the people of East Cocalico Township through
the regulation of on-lot sewage disposal systems.
It is the objective of the Township to provide
through this article adequate and safe methods of on-lot sewage disposal,
and to minimize the potential for the contamination of groundwater
or surface water by any existing or future on-lot sewage disposal
system.
A.
With the exception of those words and terms defined in Subsection B of this section, all words and terms used in this article shall be defined in accordance with Section 71.1 of Chapter 71, Section 72.1 of Chapter 72, and Section 73.1 of Chapter 73 of the Department's Regulations.
B.
ABSORPTION AREA
(1)
(2)
ACT
BOARD OF SUPERVISORS
CHAPTER 71 OF THE DEPARTMENT'S REGULATIONS
CHAPTER 72 OF THE DEPARTMENT'S REGULATIONS
CHAPTER 73 OF THE DEPARTMENT'S REGULATIONS
COMMUNITY SEWAGE SYSTEM
DEPARTMENT
HOLDING TANK
IMPROVED PROPERTY
INDIVIDUAL SEWAGE SYSTEM
OFFICIAL PLAN
OWNER
PERSON
PUMPER/HAULER
SEWAGE
SEWAGE ENFORCEMENT OFFICER
SOIL MODIFICATION
TOWNSHIP
The following words and terms, when used in this article,
shall have the following meanings:
A component of an individual or community sewage system where
liquid from a treatment tank seeps into the soil; it consists of an
aggregate-filled area containing piping for the distribution of liquid
and the soil or sand/soil combination located beneath the aggregate.
PRIMARY ABSORPTION AREAThis absorption area which is initially permitted and installed for the proposed use.
ALTERNATE ABSORPTION AREAA tested area which is reserved for possible future installation of an absorption area, if the primary absorption area is clogged or otherwise is malfunctioning.
The Pennsylvania Sewage Facilities Act (35 P.S. §§ 750.1
to 750.20).
The Board of Supervisors of East Cocalico Township, Lancaster
County, Pennsylvania.
Title 25, Pennsylvania Code, Chapter 71, "Administration
of Sewage Facilities Planning Program."
Title 25, Pennsylvania Code, Chapter 72, "Administration
of Sewage Facilities Permitting Program."
Title 25, Pennsylvania Code, Chapter 73, "Standards for Sewage
Disposal Facilities."
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units and the treatment or disposal, or both, of the sewage
on one or more of the lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A watertight tank, whether permanent or temporary, which
receives and retains sewage conveyed by a water-carrying system and
is designed and constructed to facilitate the ultimate disposal of
the sewage at another site.
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.
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 the Commonwealth of Pennsylvania or
by means of conveyance to another site for final disposal.
A Comprehensive Plan for the provision of adequate sewage
systems adopted by the Township, and submitted to, and approved by
the Department as provided by the Act and Chapter 71 of the Department's
Regulations.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
An individual, association, public or private corporation
for profit or not-for-profit, partnership, firm, trust, estate, department,
board, bureau or agency of the United States, commonwealth, political
subdivision, municipality, district, authority or another legal entity
which is recognized by law as the subject of rights and duties. The
term includes the members of an association, partnership or firm and
the officers of a local agency or municipal, public or private corporation
for profit or not-for-profit.
Any person who engages in cleaning any or all components
of a community or individual on-lot system and evacuates and transports
the septage cleaned therefrom, whether for a fee or free of charge.
A substance that contains 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. This term includes
any substance which constitutes pollution under the Clean Streams
Law.
An official of the local agency who reviews permit applications
and sewage facilities planning modules, issues permits as authorized
by the act and conducts investigations and inspections that are necessary
to implement the Act and the regulations thereunder.
A process by which small diameter pellets of plastic or a
similar material are injected into the soil in the absorption area
of an on-lot sewage disposal system. The process is intended to fracture
the soil and improve porosity of the soil. The Township does not make
any claim or representation that such soil modification will improve
soil porosity or soil permeability.
[Amended 5-19-2004 by Ord. No. 2004-06]
East Cocalico Township, Lancaster County, Pennsylvania.
A.
The Board of Supervisors shall annually appoint one
or more Sewage Enforcement Officers and an Alternate Sewage Enforcement
Officer (if only one primary Sewage Enforcement Officer is appointed)
as its Sewage Enforcement Officer(s) to carry out the duties specified
in this article. Such officer shall serve until he or she resigns,
is dismissed by the Board of Supervisors, or has his or her certification
suspended or removed by the Department.
B.
In January of each year the Board of Supervisors shall
submit the name and address of its Sewage Enforcement Officer(s) to
the Department. The Board of Supervisors shall notify the Department
within 30 days of any change in the information referred to in this
subsection.
All Sewage Enforcement Officers shall abide
by the Standards of Conduct specified in Chapter 72 of the Department's
Regulations. Violation of any of these standards shall be grounds
for dismissal by the Supervisors.
A.
The installation of any treatment tank, subsurface
absorption area, spray field, or any holding tank constitutes either
the installation of an individual or a community sewage system and
requires a permit prior to beginning the installation of the system
or beginning the construction, installation or occupancy of any building
or buildings for which such a system will be installed. The installation
of an individual or community sewage system shall include any repairs
to, alteration, replacement, or enlargement of any treatment tank,
subsurface absorption area, spray field, or holding tank. A permit
shall be required for all these activities regardless of the acreage
of the tract on which the individual or community sewage system is
to be installed or repaired.
B.
Soil modification is hereby deemed to constitute the
alteration of an on-lot sewage disposal system, and shall only be
undertaken pursuant to a permit issued by the Sewage Enforcement Officer.
C.
The Board of Supervisors will issue, deny, and revoke
permits only by and through its Sewage Enforcement Officer(s).
D.
If construction or installation of an individual or
community sewage system and of any building or structure for which
such system is to be installed has not commenced within three years
after the issuance of a permit for such system, the said permit shall
expire. A new permit shall be obtained prior to the commencement of
said construction or installation.
E.
Construction of a new sewage system for a newly occupied
building will be known as a "new sewage system" for the purposes of
this article. The alteration, enlargement, augmentation, modification,
repair, or replacement of an existing on-lot sewage disposal system
for a structure which is occupied at the time of the application for
permit issuance shall be known as a "repair sewage system" for the
purposes of this article.
F.
The site investigations and procedures for permit
issuance shall follow the standards in Chapters 71, 72, and 73 of
the Department's "Rules and Regulations" and this article.
G.
The design and installation of an individual or community
sewage system, or part thereof, shall be done in conformance with
the standards in Chapter 73 of the Department's "Rules and Regulations"
and this article.
H.
Application for permits for new sewage systems which
are not consistent with the Official Plan of the Township shall not
be approved.
I.
No individual or community system shall be installed
in an area identified by completed Federal Flood Insurance mapping
as a floodway or, where completed flood mapping is not available,
a floodway extends 50 feet from the top of the stream bank as determined
by the local agency. This paragraph is not applicable to spray fields.
J.
The minimum isolation distances described in Department
Regulations shall be the same as indicated in those Regulations.
K.
The septic tank cover over the opening used for the
tank pumping shall be located no more than 12 inches under the ground
surface and shall be marked for ease of locating.
[Added 5-19-2004 by Ord. No. 2004-06]
L.
The septic tank opening used for the pumping and inspection
shall be at least 20 inches in diameter (or square).
[Added 5-19-2004 by Ord. No. 2004-06]
A.
Application for a permit shall be made by the property
owner, equitable owner, or an authorized agent of the owner or equitable
owner to the Sewage Enforcement Officer prior to the commencement
of construction, alteration or repair of individual or community sewage
system, or the construction or expansion of any building for which
such a system is to be installed or used.
B.
Contents.
(1)
The application shall contain the following:
(a)
The information found on the Application Form
3640-FM-WQ 0290, current revision, prescribed by the Department.
(b)
Such further information as may be required
by the Sewage Enforcement Officer to insure that the proposed action
complies with the regulations promulgated by the Department.
(c)
Application fee.
(2)
Application forms may be obtained from the Sewage
Enforcement Officer or Township office.
C.
Review by Sewage Enforcement Officer.
(1)
When the Sewage Enforcement Officer has determined
that an initial application is incomplete or that it is unable to
verify the information contained in an application, the Sewage Enforcement
Officer shall notify the applicant in writing within seven days of
receipt of the application. The notice shall include the reasons why
the application is not acceptable. When the required information is
received, the Sewage Enforcement Officer shall act upon the application
within 15 days.
(2)
Failure of the Sewage Enforcement Officer to act on an application does not constitute permit approval. If the Sewage Enforcement Officer does not act upon an application within seven days of receipt, or within 15 days of receipt of supplemental information under Subsection C(1), the applicant may request a hearing before the Board of Supervisors.
D.
New sewage systems. For new systems, the application
and review process consists of the following four stages: preliminary
stage; site evaluation stage; system design stage; and final inspection
stage.
(1)
In the preliminary stage, the applicant obtains an
Application Form 3640-FM-WQ0290, current revision, from the Sewage
Enforcement Officer, completes Part I and signs Part IV of the form
and submits it along with the appropriate permit fee to the Sewage
Enforcement Officer. The Sewage Enforcement Officer reviews Part I
and an on-site evaluation is scheduled at a mutually agreed time.
(2)
In the site evaluation stage, the Sewage Enforcement
Officer observes the soil test pits, conducts or observes percolation
tests and slope measurements, and completes Part IV of the application.
Unless otherwise instructed by the Sewage Enforcement Officer, it
shall be the responsibility of the applicant to prepare the site for
inspection, including the digging and proper preparation of the percolation
test holes as specified in Chapter 73 of the Department's Regulations,
the digging of a soil test pit at least seven feet deep, any general
clearing of the site necessary to make slope measurements, conducting
soil and percolation tests, and providing water for the percolation
test. A passing soil and percolation test shall be provided for the
primary absorption area and the alternate absorption areas. After
the site evaluation stage, the applicant will be notified if the site
is suitable or receive a letter of permit denial if it is not.
(3)
The system design stage involves the completion of
Parts II and III of the application form by the applicant. All application
information and designs must be provided in a neat and legible manner.
Drawings must be drawn to scale and must be prepared by a state registered
surveyor, licensed engineer, or a state certified sewage enforcement
officer, but not one that is appointed as the Township Sewage Enforcement
Officer, and the drawing must show the following:
(a)
All information required under Parts II and
III of the application;
(b)
All test pits and percolation tests (pass or
fail) conducted on the lot;
(c)
Alternate absorption area location;
(d)
Location and width of all right-of-way, easements,
building restriction lines, including any limitations on their use;
(e)
Existing and proposed contours at two-foot intervals
and spot elevations for the following:
[1]
First floor elevation of any structure;
[2]
Elevation at each corner and high point of the
proposed absorption area. In addition, if an elevated sand mound system
is required, the existing grades at each corner of the proposed toe
of berm must be shown;
[3]
Elevation of existing grade at the proposed
pump tank or lift station if required;
(f)
Show how stormwater will be diverted around
the sewage system area;
(g)
The primary and alternate absorption areas and
those areas must be staked in the field and protected from disturbance
with snow fence, safety fence or other adequate means, prior to permit
issuance;
(h)
Two intervisible permanent reference points
that must be established in the field and shown on the sewage disposal
system design plan; the dimensions to the proposed corner of the primary
area from the two intervisible points must also be shown on the design
plan; and
(i)
A plan note requiring the top of the well casing
for the individual water supply be extended a minimum of one foot
above finished grade.
(5)
Permits shall be issued or denied by the Sewage Enforcement Officer, in writing, within seven days after receiving a completed application for permit, except as stated in Subsection C. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in a letter.
E.
Repair sewage systems. For repair sewage systems,
the application and review process consists of the following four
stages: preliminary stage; site evaluation stage; system design stage;
and final inspection stage.
(1)
In the preliminary stage, the applicant obtains an
Application Form 3640-FM-WQ0290, current revision, from the Sewage
Enforcement Officer or Township office, completes Part I and signs
Part IV of the form and submits it along with the appropriate permit
fee to the Sewage Enforcement Officer. The Sewage Enforcement Officer
reviews Part I and an on-site evaluation is scheduled at a mutually
agreed time.
(2)
In the site evaluation stage, the Sewage Enforcement Officer will observe the soil test pits, the percolation test and slope measurements. Percolation tests shall be performed, when a repair absorption area is necessary and the procedure will follow the procedure outlined in Subsection D(2). However, soil test pits and percolation tests shall not be required for an additional alternate absorption area. If the application for system repair only includes a request for soil modification, the Sewage Enforcement Officer will provide a site evaluation, but no soil testing will be required.
(3)
The system design stage involves the completion of Parts II and III of the application form by the applicant. The system design shall be the responsibility of the applicant and shall follow the procedure outline in Subsection D(3).
(4)
When the Sewage Enforcement Officer has determined
that the application is complete, a permit shall be issued or denied.
(5)
Permits shall be issued or denied by the Sewage Enforcement Officer, in writing, within seven days after receiving a completed application for permit, except as shown in Subsection C. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in a letter.
(6)
If, during the site evaluation, the Sewage Enforcement
Officer observes a system malfunction, an application for soil modification
shall be denied. The applicant must undertake a system repair to correct
the malfunction. Soil modification shall not be approved as a means
to correct a malfunction.
F.
Inspections.
(1)
Prior to any earth disturbance for the installation
of the permitted on-lot sewage disposal system, the applicant and/or
contractor for the applicant must contact the Sewage Enforcement Officer
to arrange for a preconstruction meeting at the site.
(2)
For the final inspection stage, the applicant shall
notify the Sewage Enforcement Officer when the installation is complete
and ready for inspection or reinspection.
(3)
The Sewage Enforcement Officer may require additional
inspections prior to the final inspection for those installations
he or she believes may be difficult to install per the permitted design.
In those cases where additional inspection is required, the Sewage
Enforcement Officer shall outline the required interim inspection
on the permit under "Additional Conditions."
(4)
No part of any installation shall be covered nor,
in the case of new systems, shall the building for which it is intended
to be occupied until it is inspected and given final written approval
by the Sewage Enforcement Officer, except that the applicant may cover
the installation in absence of written approval or disapproval at
the expiration of 72 hours, excepting weekends and holidays, from
the date the Sewage Enforcement Officer receives the notice to inspect.
The Sewage Enforcement Officer may, by order, require an installation
to be uncovered at the expense of the applicant, if the installation
was covered contrary to the provisions of this section.
(5)
Elevated sand mounds, elevated sand trenches and subsurface
sand filters. Separate inspections are required as follows:
(a)
First inspection upon completion of scarification
or excavation of the system site.
(b)
Second inspection upon completion of placement
of sand.
(c)
Third inspection upon completion of all piping
and permanent installation of pump and alarm.
(d)
Final inspection upon final cover of the absorption
area and grading around the absorption area to divert stormwater.
(6)
At grade on-lot sewage disposal systems. Inspections under Subsection F(5)(a), (b) (upon completion of placement of stone), (c), and (d) above are required for at-grade on-lot sewage disposal system; all other on-lot sewage disposal methods shall be inspected at key stages of construction which shall be determined by the Sewage Enforcement Officer at the time of permit issuance.
A.
It is necessary for the protection, benefit, and preservation
of the health, safety, and welfare of the inhabitants of the Township
to properly use and maintain all existing and new holding tanks designed
to receive and retain sewage whether from residential or commercial
uses.
B.
The applicant for the installation and use of a holding
tank shall provide a request to the Board of Supervisors for "special
permission" for the utilization of the holding tank prior to applying
for the permit to install the holding tank and an application fee.
This request for "special permission" should be supported by whatever
information the applicant deems important to allow the Board of Supervisors
to grant permission for a holding tank.
C.
Upon review of the request for "special permission,"
the Township Board of Supervisors shall determine whether or not the
request satisfies the following criteria:
(1)
Compatible with the Township Act 537 Official Sewage
Facilities Plan and the limitations of the Pennsylvania Code Title
25.
(2)
Qualify for the standards of "retaining tanks" or
"holding tanks" as described in Pennsylvania Code Title 25, Chapter
73.61 and 73.62.
(3)
Comply with the other provisions of this section of
this article.
D.
Exclusivity of rights and privileges.
(1)
The collection and transportation of all sewage from
any improved property utilizing a holding tank shall be done solely
by or under the direction and control of the Board of Supervisors,
and the disposal thereof shall be made only at such site or sites
as may be approved by the Department. The owner shall be required
to furnish to the Township a written contract entered into between
the owner and the pumper/hauler, whereby the pumper/hauler agrees
to receive and dispose of the sewage at site or sites acceptable to
the Township and not to cancel or terminate the contract, except upon
at least 90 days' written notice to the Township of intention to terminate.
(2)
The Township will receive, review, and retain pumping
receipts from permitted holding tanks.
(3)
The Township will complete and retain annual inspection
reports for each permitted tank.
E.
Duties of improved property owner. The owner of an
improved property that utilizes a holding tank shall:
(1)
Maintain the holding tank in conformance with this
or any ordinance of this Township, and the provisions of any applicable
law.
(2)
Enter into a holding tank maintenance agreement with
the Township upon the form acceptable to the Board of Supervisors.
(3)
Establish an escrow with the Township as a guarantee
for performance of maintenance, in an amount established by resolution.
(4)
Maintain the holding tank cover at least three inches
above existing ground level and grade the property around the cover
with a slope away from the cover so no stormwater runoff enters the
holding tank.
(5)
Maintain a holding tank cover that is "vandal-proof"
and "child-proof."
(6)
Permit the Board of Supervisors or its agent to inspect
holding tanks on an annual basis.
(7)
Each time the tank is pumped out, the pumper/hauler
shall provide the owner and the Township with a signed pumper/hauler
report. Report forms shall be provided by the Township. The report
shall be filed within 30 days of the date of pumping.
[Added 5-19-2004 by Ord. No. 2004-06]
A.
Basic operation and maintenance. All persons who own
a lot upon which an on-lot sewage disposal system is installed and
all persons owning a building served by an on-lot sewage disposal
system shall properly operate and maintain such systems. Proper use
and operation and maintenance of an on-lot sewage disposal system
shall include at a minimum:
(1)
Prohibit the discharge of any of the following substances
into an on-lot disposal 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, acids, paints,
paint thinners, herbicides, gasoline, and other solvents.
(d)
Clean surface water or groundwater, including
water from roof or cellar drains, springs, basement sump pumps, and
french drains.
(2)
Maintain all system components in a functional and
operational condition, including all:
(a)
Electrical and mechanical components.
(b)
Chemical feed systems.
(c)
Collection and conveyance piping.
(d)
Pressure piping.
(e)
Treatment tanks, including septic tanks.
(f)
Baffles.
(g)
Flow splitter or distribution boxes.
(h)
Distribution piping.
(i)
Absorption piping.
(j)
Alarms.
(k)
Flow recorders.
(l)
Disinfection equipment.
(m)
Safety facilities.
(n)
Ground surface contours and other means or storm
runoff diversion.
(3)
Provide periodic pumping and system inspection as
follows:
(a)
The septic tank and/or treatment tank, or pump
tank, shall be inspected and pumped by a qualified pumper/hauler registered
with the Township on the following schedule:
[1]
Properties located in East Cocalico Township
District 1: within one year of effective date of this article.
[2]
Properties located in East Cocalico Township
District 2: within two years of effective date of this article.
[3]
Properties located in East Cocalico Township
District 3: within three years of effective date of this article.
[4]
Thereafter, that person shall have the septic
tank and/or treatment tank, pump tank, cesspool, or dry well pumped
at least once every three years.
(b)
The inspections and reports required by this
article shall not be deemed to be any type of certification of conditions,
as may be requested or required by any property owner, prospective
property owner, or lending institution.
[Amended 5-19-2004 by Ord. No. 2004-06]
(c)
The Township may delay an owner's initial required
pumping to conform to the general three-year frequency requirement,
if the owner provides a receipt or other written evidence showing
that their tank had been pumped within three years of the first-year
anniversary of the effective date of this article.
[Amended 5-19-2004 by Ord. No. 2004-06]
(d)
The Township may allow an extension of up to
two years to the pump-out period when the owner can demonstrate to
the Township that their on-lot disposal system can operate properly
for this additional period of time. This extension is not automatically
renewed, and the owner must individually apply for each extension
requested. Such a request must be made no sooner than six months prior
to the date when the next required pumping is to be completed. The
request must be in writing with all supporting documents attached.
The Township, in making its determination, shall take into account
the information submitted by the applicant, any sewerage permit issued
for the installation or rehabilitation of the system and supporting
documentation, reports on the inspection and maintenance of the system
and other relevant information, and may conduct an on-site inspection.
The applicant shall bear the cost of any inspection, surface or subsurface,
and soil or wastes sampling conducted for the purposes of evaluating
the request. The applicant shall receive a decision within 60 days
of accumulation of all necessary information by the Township, but
the application for a time extension shall be automatically denied
if no approval is granted within the 60 days.
[Amended 5-19-2004 by Ord. No. 2004-06]
(e)
The required pumping frequency may be increased
at the discretion of the Township if the septic and/or treatment tank,
cesspool, or dry well is undersized, or whenever an inspection reveals
that the septic and/or treatment tank is filled with solids in excess
of 1/3 the liquid depth of the tank, or with scum in excess of 1/3
the liquid depth of the tank, whichever shall require the more frequent
removal, 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.
(f)
Each time a septic tank and/or treatment tank
is pumped out, the pumper/hauler, shall provide to the Township and
to the owner of the subsurface waste disposal system a signed pumper/hauler
report. Report forms shall be provided by the Township. The pumper/hauler
report shall contain, at a minimum, the following information:
[1]
Date of pumping.
[2]
Name and address of the system owner.
[3]
Address of the tank's location, if different
from the owner's address.
[4]
Description and diagram of the location of the
tank, including the location of any markers, risers, and access hatches
and size of the tank with distance to the fixed landmark.
[5]
The date the existing system was installed.
[6]
Last date of pump out.
[7]
List of other maintenance performed.
[8]
Any indication of system malfunction observed.
[9]
Amount of septage or other solid or semisolid
material removed.
[10]
Verification that the baffles have been inspected
and are found to be in good working condition.
[11]
Verification that ground surface contours and
other measures consistent with Chapter 73 (relative to standards for
on-lot sewage treatment facilities) to divert stormwater away from
treatment facilities and absorption areas are being maintained and
that these facilities are protected from physical damage.
[12]
List of recommendations.
[13]
The Department of Environmental Protection permit
number of the destination of the septage (name of the treatment facility).
[14]
Pumper/hauler operator's signature and the name,
signature, and license number of the inspector of the on-lot sewage
disposal system for the first inspection (if not the same person as
the pumper/hauler operator).
[Amended 5-19-2004 by Ord. No. 2004-06]
(g)
The initial inspection required by this article
shall be provided by a Sewage Enforcement Officer or an individual
qualified by the Pennsylvania Septage Management Association, but
not the Township Sewage Enforcement Officer or the Alternate Township
Sewage Enforcement Officer. Subsequent inspections can be provided
by the pumper/hauler truck operator.
[Amended 5-19-2004 by Ord. No. 2004-06]
(h)
The pumper/hauler report must be submitted to
the Township's business office within 30 days of the date of pumping.
[Amended 5-19-2004 by Ord. No. 2004-06]
(i)
Any owner served by an alternative system or
on-lot sewage disposal system which on-lot sewage disposal 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 system service agreement recommended
by the manufacturer shall be submitted to the Township within six
months of the effective date of this article. Thereafter, service
receipts shall be submitted to the Township at the intervals specified
by the manufacturer's recommendations. In no case, however, may the
service or pumping intervals exceed those required for septic tanks.
B.
Additional maintenance. The Township and/or the Sewage
Enforcement Officer may require additional maintenance activity, 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 obstruction roots or trees, the
diversion of surface water away from the disposal area, etc. The determination
of the requirement for the additional maintenance shall be based upon
a need as identified by the Township Sewage Enforcement Officer. Repair
permits issued by the Sewage Enforcement Officer must be secured for
these activities.
C.
Reporting of malfunctioning on-lot sewage disposal
systems. Any person who owns a lot upon which an on-lot sewage disposal
system is installed, any person who resides or operates a business
upon a lot which an on-lot sewage disposal system is installed, and
any pumper/hauler pumping, inspecting, or otherwise maintaining an
on-lot sewage disposal system shall report any malfunctioning of such
system or component thereof to the Township; such report shall be
made as soon as possible, but in no case later than three days after
discovery of the malfunction.
D.
System malfunctions and requirements for rehabilitation.
(1)
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 Department.
(2)
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
and/or which is discharging raw or partially treated sewage without
a permit.
(3)
Within seven days of notification by the Township
that a malfunction has been identified, the owner shall make an application
to the Sewage Enforcement Officer 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 Sewage Enforcement Officer 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, or other alternatives as appropriate for the specific site.
(5)
In lieu of or in combination with the remedies described in Subsection D(4), the Sewage Enforcement Officer 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 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 may be prohibited altogether, etc.
(6)
In the event that the rehabilitation measures described
in 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. Upon receipt of said permit, the owner shall complete construction
of the system within 30 days.
(7)
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, as described in the Act, to lessen, mitigate, or eliminate
the malfunction.
E.
Registration of pumper/haulers and disposal of septage.
(1)
All pumper/haulers operating within the Township shall
be registered with the Township and shall comply with all reporting
requirements established by the Township.
(2)
All septage originating within the Township shall
be disposed of at sites or facilities approved by the Department.
(3)
All pumper/haulers operating within the Township shall
operate in a manner consistent with this article and provisions of
the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S.
§§ 6018.101 through 6018.1003), and regulations adopted
pursuant to such Act.
(4)
If any pumper/hauler shall have been convicted on
two occasions of any violation of this article, or for violating the
conditions of its state permit or of any state or local law governing
its operation, the Board of Supervisors shall have the power to suspend
said pumper/hauler from operating within the Township for a period
of not less than six months or more than two years for each violation,
as determined by the Township.
F.
Discontinuance of individual sewage system.
(1)
Upon the discontinuance of the use of any tank for
sewage disposal purposes, whether by mandatory or voluntary connection
to a public sewage system or abandonment for any other reason, the
owner thereof shall have the tank pumped and flushed by a pumper/hauler
and, at the owner's option, either physically removed from the premises
or filled with soil and/or crushed stone.
(2)
When the owner elects to have the tank filled with stone as permitted by Subsection F(1) above, said tank may then be used for the discharge of stormwater, sump pump discharge, or other effluent not qualifying for discharge into the public sewage system, provided that said discharge is otherwise permitted by applicable law.
G.
Accessway for inspection and pumping.
[Added 5-19-2004 by Ord. No. 2004-06]
(1)
The property owner shall provide reasonable access
and availability of the septic tank or aerobic tank cover that must
be used by the pumper/hauler, even if such access and availability
does not exist at the time of the adoption of this section.
(2)
Such access and availability shall include, but not
be limited to, the location of an access tank cover of at least 20
inches in diameter (or square), no more than 12 inches below the ground
surface, with suitable markings for ease of location.
(3)
The pumper/hauler shall provide all pumping and inspections
by way of this access tank cover and not the smaller baffle inspection
openings. Those smaller openings may be used for additional inspections,
but not for pumping.
A.
The Board of Supervisors may, from time-to-time, adopt
a fee schedule by resolution for applications, soil testing permits,
registration of pumper/haulers and/or other Township administrative
costs that may be incurred as a result of this article.
B.
All fees paid under this section shall be made payable
to the Township.
C.
The Board of Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
D.
All permits, records, reports, files, and other written
material relating to the installation, operation and maintenance,
pumping, inspections, and malfunction of on-lot sewage disposal systems
shall become the property of the Township.
A.
A permit for the installation of a treatment tank,
subsurface absorption area, spray field, or holding tank shall be
revoked by the Sewage Enforcement Officer at any time for any one
or more of the following reasons, which shall be incorporated into
the notice of revocation:
(1)
When any change which has occurred in the physical
conditions of any lands which will materially affect the operation
of an individual or community sewage disposal system covered by any
permit issued by the Sewage Enforcement Officer under the provisions
of Chapter 72 of the Department's Regulations; or
(2)
When one or more tests material to the issuance of
the permit have not been properly conducted; or
(3)
When information material to the issuance of the permit
has been falsified; or
(4)
When the original decision of the Sewage Enforcement
Officer otherwise failed to conform with the provisions of the Act
and the Department's Regulations; or
(5)
When the permittee has violated the provisions of
the Act or Chapters 71, 72, or 73 of the Department's Regulations;
or
(6)
When the inspection reveals that the installation
of the system, water supply location, or the underlying soil or geologic
conditions differ from those stated in the application.
B.
The notice of revocation of a permit shall be in writing
to the permit holder and shall include the reasons for revocation,
notice of the permit holder's opportunity to request a hearing before
the Township within 10 days of receipt of the revocation notice, and
notice that no further construction or use of either the sewage system
or the structure for which it is intended may take place until a new
permit is issued or the revocation is reversed by the Township.
C.
If a permit holder fails to file a written request
for a hearing under this chapter within 10 days after receipt of revocation,
revocation shall be final.
A.
The Township Board of Supervisors shall hold a hearing
for denials or revocations within 30 days after receipt of a written
request for a hearing. Hearing requests shall state concisely all
reasons for the appeal. The Department shall be notified of the hearing
by the Township at least three days prior to the hearing date. This
notification shall include a statement of the reasons for the appeal.
B.
Hearings under this section and a subsequent appeal
shall be conducted under 2 Pa.C.S.A. §§ 551 to 555
(relating to the Local Agency Law). The local agency shall defend
its action during the course of a subsequent appeal.
C.
The Attorney General and the Department shall be notified
in writing by the appellant of an appeal challenging the constitutionality
of the act or the validity of this article.
Although this article is intended to provide
guidelines for the proper installation and maintenance of on-lot sewage
disposal systems, nothing contained herein should be interpreted as
a guarantee to the applicants or owners or system users that systems
installed under the provisions of this article will function as intended.
Uncontrollable variables such as soil characteristics, actual water
usage, misuse of the system, and material or construction inadequacies
may cause a system malfunction, even though the requirements of the
Department and this article are reasonably followed.
A.
Any discharge of sewage to the surface of the ground shall constitute a nuisance. Upon written notice from the Sewage Enforcement Officer, the property owner shall be required to repair the sewage system to eliminate such nuisance. The repair shall be satisfactorily completed within 30 days of the receipt of the notice. Each day subsequent to the original notice period that the identified nuisance continues shall be a separate violation of this article, and shall be subject to either or all of the remedies described in Subsections B, C and D of this section.
B.
Any person who violates or permits a violation of
this article 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 less than $100 nor 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. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.[1]
C.
In addition to proceeding under any other remedy available or in equity for a violation of any provision of this article or upon notice to any person violating Subsection A of this section, in the manner described in Subsection A to abate or eliminate the nuisance, and upon failure of such person to so abate or eliminate the nuisance, in the time period described in Subsection A, the Township may take such steps as are necessary to abate or eliminate the nuisance and charge said person violating said subsection with all costs thereof, together with a collection fee of 10%, or file an action of assumpsit, without the filing of a claim, with the Prothonotary of Lancaster County for all the costs thereof together with a collection fee of 10%.
D.
In addition to proceeding under any other remedy available
or in equity for a violation of any provision of this article, the
Township may institute proceedings in any court of equity having jurisdiction
to abate any violation of this article.
A.
Testing shall be conducted in accordance with the requirements of § 172-49 of this article for each proposed lot and/or all proposed uses in all subdivisions and land developments proposing on-lot sewage disposal as part of the Official Plan revision, exemption, or exception to the planning process.
B.
For nonresidential uses and subdivisions involving
more than 10 residential lots or equivalent dwelling units or applying
for an exemption from planning, the developer shall contact the Department
via sewage facilities planning module application mailer (DEP post
card) which may be obtained from the Sewage Enforcement Officer.
C.
Prior to initiating testing, the developer shall provide
a sketch plan showing test locations, and shall have the locations
staked at the site with a designation corresponding with that on the
plan. Any additional testing shall be marked in the same manner.
D.
The developer shall pay the required fees or deposits
for testing review, as may be established by resolution of the Board
of Supervisors.
E.
Plans must be provided as supporting documentation
to a request for approval of an Official Plan revision, exemption
or exception, and these plans shall show all data required by the
Department and shall show, among other things:
(1)
Proposed and existing building structures (to approximate
sale);
(2)
Location of soil probes and percolation tests, whether
passing or failing;
(3)
Proposed or existing water supplies or wells;
(4)
Location of all existing and proposed street and right-of-way
lines and easements;
(5)
Existing and proposed lot lines;
(6)
Existing or "planned" wells and/or on-lot absorption
areas on all properties adjacent to the subdivision or land development
within 100 feet of the property line;
(7)
Any floodplain or wetland area;
(8)
Existing and proposed on-lot absorption areas (both
primary and alternate locations).
F.
The plans shall show primary and alternate absorption
areas sufficient to illustrate that such systems can be placed while
maintaining required isolation distances.
G.
The applicant requesting that the Township consider
an Official Plan revision, exemption or exception shall be responsible
for completion of the appropriate components of the Department planning
module for land development or exemption requests and for providing
the required testing, supporting plans, and other data. The module
or exemption request will be reviewed and approved or denied in accordance
with the procedures specified in Chapter 71 of the Department's Regulations.
