[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 6-22-1992 by Ord. No. 92-1.
Amendments noted where applicable.]
This chapter governs the issuance of permits for retaining tanks by
the Montgomery Township Municipal Sewer Authority ("Authority") and by the
Township of Montgomery ("Township") for individual and community on-lot sewage
systems which employ renovation of sewage effluent in a subsurface absorption
area, except for large-volume on-lot sewage systems. The Sewage Enforcement
Officer may not issue a permit for an individual or community on-lot sewage
system which does one of the following:
A.
Discharges directly to the surface of the ground or to
the surface waters of this commonwealth.
B.
Is a large volume on-lot sewage system; that is, an individual
or community on-lot sewage system with a design capacity to discharge subsurface
sewage flows which are in excess of 10,000 gallons per day.
A.
There shall be at all times a Sewage Enforcement Officer
employed by the Township.
B.
The Sewage Enforcement Officer shall be appointed by
the Supervisors and must be certified by the State Board of Certification
of Sewage Enforcement Officers.
C.
The Sewage Enforcement Officer shall be appointed for
a term of one year, the term to begin on the first Monday in January of each
year, excepting for the initial term.
D.
The Sewage Enforcement Officer shall receive and review
all applications for permits under this chapter for individual and community
on-lot sewage systems and conduct such investigation and inspections as are
necessary under and to implement the Act[1] and regulations issued thereunder.
[1]
Editor's Note: See the Federal Water Pollution Control Act, also known
as the "Clean Waste Act," 33 U.S.C. § 1251 et seq.
E.
The Sewage Enforcement Officer shall be paid in accordance
with a salary schedule to be fixed from time to time by resolution of the
Supervisors.
F.
The Supervisors shall make application to the Pennsylvania
Department of Environmental Resources or any other suitable agency for reimbursement
for the cost of expenses in the enforcement of the Sewage Facilities Act[2] by the Sewage Enforcement Officer, as provided by law.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
No person in the Township shall install, construct or
alter an individual or community on-lot sewage system or construct, install
or occupy any building or structure for which an individual or community on-lot
sewage system is to be installed without first obtaining a permit from the
Sewage Enforcement Officer indicating that the site and the plans and specifications
of such system are in compliance with the provisions of the Pennsylvania Sewage
Facilities Act ("SFA"),[1] this chapter and the regulations and standards adopted pursuant
to the SFA. The "alteration of a sewage system" shall mean the repair, replacement
or enlargement of a treatment tank, subsurface absorption area or retention
tank.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
No human excrement or material containing human excrement
shall be used on the ground, placed on the surface of the ground or buried
or otherwise disposed of within the Township.
C.
No garbage, offal, pomace, dead animals, decaying matter
or organic waste substances of any kind shall be thrown, deposited or dumped
anywhere within the Township.
D.
The transportation of garbage and slaughterhouse offal
shall be done in watertight containers or vehicles properly covered to avoid
spoilage. Containers shall be thoroughly cleansed after each use.
Upon the filing of each application for a permit, there shall be imposed
an application fee in an amount according to the schedule of fees fixed from
time to time by resolution of the Supervisors. The application fee shall be
paid in advance upon the filing of the application.
It shall be the responsibility of the applicant for a permit under this
chapter to supply the Sewage Enforcement Officer with all the information
which he shall deem necessary to administer and enforce this chapter consistent
with the policy of the Commonwealth of Pennsylvania as expressed in the SFA[1] and its regulations.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
The permit shall be issued or denied within seven days
after receiving the application for permit, unless it is determined by the
Sewage Enforcement Officer that the data submitted by the applicant is incomplete
or the Township is unable to verify the information submitted, in which event
the Township shall give notice to the applicant within seven days from receipt
of the original application of the reasons why the application is not acceptable.
When the required information is received, the Township shall act upon the
application within 15 days.
B.
Denial of a permit shall be in writing and include a
statement of the reasons for the denial and that the applicant has a right
to a hearing before the Township upon a written request of the applicant filed
within 30 days with the Township.
An application for a permit shall be in writing to the Township and
shall include the necessary planning modules and be in such form and include
such data as is prescribed by the Pennsylvania Department of Environmental
Resources and the Township.
If construction of the proposed facility for which a permit under this
chapter has been granted has not commenced within two years of the permit's
date of issuance, the permit shall expire without notice to the holder. A
new permit must be obtained before beginning construction or installation
of the sewage system or structure.
No system or structure designed to provide individual or community on-lot
sewage systems shall be approved unless the system proposed is consistent
with the official Act 537 plan of the Township.[1] In the event that the Township has no plan or has not revised
or implemented its plan as required by the rules, regulations or order of
the Pennsylvania Department of Environmental Resources, no permits may be
issued under this chapter for those areas of the Township for which an official
plan, revision thereto or implementation thereof is required until the Township
has submitted the official plan or revision thereto and received the approval
of the Pennsylvania Department of Environmental Resources, or has commenced
implementation of its plan or revisions in accordance with a schedule approved
by the Pennsylvania Department of Environmental Resources.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
Whenever a single tract or other parcel of land or part thereof is subdivided
into two or more lots or whenever any person applies for a permit to install
the second or subsequent individual or community on-lot sewage system in a
subdivision or whenever any person applies for a permit required from the
Pennsylvania Department of Environment Resources, the developer or the owner
of record of the parcel of land involved shall prepare planning modules for
the revision or supplementation of the official plan and shall submit the
same to the Township, utilizing the Pennsylvania Department of Environmental
Resources planning modules for land development.
A.
The Authority is hereby authorized and empowered to approve
within the Township the control and methods of retaining tank sewage disposal
and the collection and transportation of retaining tank waste.
B.
The Authority shall adopt such rules and regulations
concerning sewage retaining tanks which it may deem necessary from time to
time to effect the purposes herein.
C.
All users of retaining tanks must comply with all terms of this section, the rules and regulations adopted by the Authority to govern retaining tanks and the applicable laws and regulations of administrative agencies of the Commonwealth of Pennsylvania, including 25 Pa. Code, Chapters 72 and 73.
D.
No person in the Township shall install, construct or
alter a retaining tank or install, construct, occupy or use a building to
be served by a retaining tank without first obtaining a permit from the Authority.
E.
The Authority shall by resolution fix, alter, charge
and collect fees, rates, assessments and other charges for the use of retaining
tanks at reasonable and uniform rates as authorized by applicable law.
F.
A permit fee as fixed by resolution of the Authority
shall be paid by all prospective retaining tank users at the time of filing
the application. The retaining tank users shall also be required to pay a
periodic inspection fee as fixed by resolution of the Authority, at such times
as the Authority shall determine that an inspection of the retaining tank
facilities is necessary.
G.
The collection and transportation of all sewage from
any improved property utilizing a retaining tank shall be by or under the
direction and control of the Authority, and the disposal thereof shall be
made only at such site or sites as may be approved by the Pennsylvania Department
of Environmental Resources. The pickup and delivery of the retaining tank
waste shall be conducted with an Authority-approved manifest system to verify
the source, quantity and treatment site of all retaining tank waste.
H.
The applicant for a retaining tank permit shall submit
the following to the Authority:
(1)
A performance bond to insure that the necessary steps
for the collection, transportation and disposal of the retaining tank waste
will be completed. The performance bond shall be issued by a company and upon
terms approved by the Authority, and the amount of the bond shall be 150%
of the annual cost of transportation and disposal of the retaining tank waste
as estimated and determined by the Authority.
(2)
Letters from an authorized official of two Pennsylvania-Department-of-Environmental-Resources-approved
disposal sites [one primary and one alternate], agreeing to receive retaining
tank waste from the applicant.
(3)
A list, both quantitative and qualitative, of all wastes
which will be discharged to a retaining tank. The qualitative analysis will
be performed in accordance with Standard Methods (latest edition) down to
detectable limits.
(4)
A signed contract with a sewage hauler, providing that
the hauler will dispose of the retaining tank waste of the applicant on a
regular basis.
I.
Design standards.
(1)
The design and construction of the retaining tank must comply in all respects with the terms of 25 Pa. Code, Chapters 72 and 73.
(2)
The property owner shall submit to the Authority for
its approval plans showing the size, shape, location, type of material used
in the fabrication of the retaining tank and details of its construction.
This information shall be given to the Authority prior to the issuance of
any building permit for newly constructed buildings and prior to the issuance
of any occupancy permit for existing buildings. No building permit shall be
issued until the Authority approves the retaining tank application in each
instance and grants a permit for its installation, and no occupancy permit
shall be granted until the retaining tank installation is approved by the
Authority.
(3)
The property owner shall locate all retaining tanks so
that the sewage pumper will have easy access to withdrawal facilities during
all seasons of the year.
J.
The property owner on which the retaining tank is located
shall:
(1)
Maintain the retaining tank facilities and equipment
in proper working order at all times in conformance with this chapter and
any other regulations of the Township or Authority, the terms of any applicable
laws and the regulations of Pennsylvania Department of Environmental Resources.
(2)
Permit an authorized representative of the Authority
or the Commonwealth of Pennsylvania to make periodic inspections of the retaining
tank facilities.
(3)
Submit a statement once a year to the Authority on the
anniversary date of his permit showing that the performance bond has been
renewed.
K.
In the event that the Authority must utilize the performance
bond to pay for the collection, transportation or disposal of the property
owner's retaining tank waste, the property owner must either obtain a new
performance bond in an amount designated by the Authority or put into escrow
with the Authority an amount of cash determined by the Authority as sufficient
to pay all collection, transportation and disposal costs for the retaining
tank facilities. If the property owner does not comply with these requirements
within 30 days, the Authority shall revoke the permit.
