Township of Montgomery, PA Part 2 Sewage Management Program

[Adopted 1-26-1998 by Ord. No. 97-88]

Article XV Program Regulations and Standards

§ 187-79 Title, scope and purposes.

A. Title. This Part 2 shall be known as the "Sewage Management Ordinance for Sewage Systems."

B. Scope. This Part 2 applies to any person who owns, uses or operates any sewage system in the Township.

C. Purposes.

(1) Under the Clean Streams Law and the Sewage Facilities Act,[1] the Township has the duty to provide for adequate sewage treatment facilities for the protection of the public health by prohibiting the discharge of untreated or inadequately treated sewage. The Township's Sewage Facilities Plan requires that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper sewage treatment and the disposal thereof.

[1] Editor's Note: See 35 P.S. § 691.1 et seq. and 35 P.S. § 750.1 et seq., respectively.

(2) The purposes of this Part 2 are to provide for the regulation, inspection, maintenance and rehabilitation of any sewage system; to permit intervention in situations which may constitute a public nuisance or hazard to the public health; and to establish penalties necessary for the proper administration of the sewage management program.

§ 187-80 Definitions.

The definitions of terms used in Title 25 of the Pennsylvania Code, Chapters 71, 72 and 73 and the definitions of terms set forth in Montgomery Township Ordinance No. 97-75, being the Sewer Use Ordinance,[1] are herein incorporated by reference and made a part of this Part 2. Such definitions as well as those set forth below shall govern the interpretation of this Part 2 unless the context wherein a term is used clearly indicates otherwise.

MONTGOMERY COUNTY HEALTH DEPARTMENT

The Montgomery County Health Department and/or its Sewage Enforcement officer designated to serve Montgomery Township ("county").

MONTGOMERY TOWNSHIP MUNICIPAL SEWER AUTHORITY

The Montgomery Township Municipal Sewer Authority ("Authority") shall administer, implement and enforce this Part 2.

OWNER

Together with "user" and "person" as used herein means any property owner, person, company, firm, corporation, partnership, other business entity, applicant, tenant, user or contractor operating with the approval of the owner of any individual or community sewage system on any property in the Township of Montgomery.

PADEP

The Pennsylvania Department of Environmental Protection, formerly the Department of Environmental Resources.

RETAINING OR HOLDING TANK

A watertight receptacle which receives and retains sewage and is designed and constructed to hold sewage pending the ultimate disposal of the sewage to another site.

[1] Editor's Note: See Part 1 of this chapter.

§ 187-81 Objectives.

It is the objective of the Township of Montgomery and of the Authority to make public sewers available to all properties in the Township within a period of 10 years so that when this objective is achieved, all individual and community systems will be phased out and eliminated.

§ 187-82 Classifications of systems and jurisdictions; approval process; applicability.

A. The types of sewage systems which are governed by this Part 2 are as set forth below, and, in addition, this Part 2 governs the use and operation of any and all other types of individual and community private or nonpublic sewage systems that are permitted under the Sewage Facilities Act and its regulations[1]:

(1) On-lot system: subsurface discharge, both individual and community.

(2) Off-lot system: subsurface discharge, both individual and community.

(3) On-lot system: stream discharge, both individual and community.

(4) Off-lot system: stream discharge, both individual and community.

(5) On-lot system: surface discharge, both individual and community.

(6) Off-lot system: surface discharge, both individual and community.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

B. Health Department approval:

(1) The permits for the approval of the installation and design and the first inspection of systems providing for the subsurface discharge of less than 10,000 gallons per day which are identified above in Subsection A(1) and 2 and of such systems providing for surface discharge spray irrigation for single-family residences and holding tanks are issued by the Montgomery County Health Department.

(2) Any owner, user or applicant who applies to the Montgomery County Health Department for approval of any type of sewage system shall on or before the date of making such application submit a copy of the application and design plans (hereinafter "application") to the Authority so that the Authority shall have the opportunity to review and comment upon such application to both the Montgomery County Health Department and the applicant before the Montgomery County Health Department issues its permit for the approval of the application. Owners are put on notice that the county will not review any application until it receives confirmation from the Authority that the same application has been filed with the Authority for review.

C. PaDEP approval:

(1) The permits for the approval of the installation and design and the first inspection of systems providing for stream discharge and surface discharge identified above in Subsection A(3) through (6) and subsurface discharge systems 10,000 gallons per day and greater are issued by PaDEP.

(2) Any owner, user or applicant who applies to PaDEP for approval of any type of sewage system shall on or before the date of making such application submit a copy of the application and design plans (hereinafter "application") to the Authority so that the Authority shall have the opportunity to review and comment upon such application to both PaDEP and the applicant before PaDEP issues its permit for the approval of the application.

D. This Part 2 shall apply to the use and operation, maintenance, inspection and the repair, rehabilitation or replacement of all sewage systems.

§ 187-83 Powers and duties of Authority.

The Authority in the administration and enforcement of this Part 2 shall have all of the powers and duties given local agencies under the Sewage Facilities Act and the regulations adopted thereunder by PaDEP.

§ 187-84 Exempt properties; inspection required for all properties; pumping regulations.

A. This Part 2 shall not apply to preexisting stream discharge sewage systems operating under current PaDEP and NPDES permits. These exempt properties are:

(1) The orchard wastewater treatment plant.

(2) The Gwynmont Farms wastewater treatment plant.

(3) Montgomeryville Elementary School wastewater treatment plant.

B. The Authority shall inspect all sewage systems in the Township, including those constructed before or after the effective date of this Part 2.

(1) With regard to those systems identified in § 187-82B above, the Authority shall inspect these systems at least every three years.

(2) With regard to those systems identified in § 187-82C above, the Authority shall inspect these systems at least once per year.

C. The Authority shall give a report once per year to the Township setting forth the results of its inspections of all sewage systems.

D. All subsurface discharge sewer systems in the Township shall be pumped out at least once every three years or more frequently as designated by the Authority. Property owners and users shall keep a record of when their systems were pumped out and the name of the licensed contractor performing this work, and a copy of this record shall be delivered to the Authority within 30 days of the date that the work was performed and completed.

E. The Authority shall provide wastehauler receiving facilities for the receipt, treatment and final disposal of the wastes pumped out under Subsection D above. The Authority shall set standard fees for the acceptance and disposal of such wastes from time to time in accordance with the Sewer Use Ordinance[1] and any other rules and regulations adopted by it.

[1] Editor's Note: See Part 1 of this chapter.

F. The owner/user having its subsurface discharge sewage system pumped out shall be responsible for all costs associated therewith.

G. The Authority and/or the Montgomery County Health Department shall have the power and duty to issue a citation to any property owner or user who has a sewage system found to be in violation of the provisions of this Part 2 or of the provisions of the Sewage Facilities Act and the regulations thereunder. Any such property owner or user shall be given a reasonable time as determined by the person issuing the citation to complete a satisfactory correction, replacement or rehabilitation of the sewage system at the cost of the owner or user, and, if he fails to do so, the Authority and the Montgomery County Health Department may proceed under § 187-94, Violations and penalties, of this Part 2 and under the provisions of the Sewage Facilities Act and its regulations to restrain the violation and to abate any nuisance caused by the sewage system.

H. Prior to any change of ownership and conveyance of any lot or property on which is installed a sewage system that is subject to the provisions of this Part 2, such system shall be pumped out and its contents disposed of as required by this section, unless the owner-seller has filed with the Authority documentation from a contractor licensed to perform pump-out services that the system was pumped out within a period of one year immediately preceding the date of conveyance. Following the conveyance of the lot or property, the new owner-user shall be subject to the provisions of this Part 2.

I. If the owner or user of any lot served by an individual or community sewage system does not know or cannot determine the location of the system on the lot or property, the owner-user shall be obligated to locate the system as required by the Authority within a reasonable time period as determined by the Authority and shall have said system pumped out and maintained in accordance with the terms of this Part 2.

§ 187-85 Permits for use and operation of sewage systems.

A. The permits for new sewage systems covering the design, installation and inspection of same must be obtained by all owner-users from either the Montgomery County Health Department or from PaDEP. See § 187-82B and C above for a determination as to which of these entities has jurisdiction over any installation permit to be issued.

B. Within 90 days of the date that the Montgomery County Health Department or PaDEP issues and approves an installation permit for any sewage system constructed after the effective date of this Part 2, the owner or user shall apply for a use and operation permit to the Authority.

C. The application for a use and operation permit for all sewage systems constructed after the effective date of this Part 2 shall be on a form provided by the Authority and shall include, but not be limited to, the following information:

(1) The owner shall submit a copy of the PaDEP or Montgomery County Health Department installation permit to the Authority.

(2) The owner shall designate a person to be responsible for operation and maintenance activities and shall demonstrate that the legal and financial arrangements necessary for assumption of this responsibility are in place.

(3) The owner shall provide a copy of any and all contracts entered into between the owner and any other person, firm or legal entity respecting operations and/or maintenance of the system and sludge removal.

(4) The owner of a facility requiring an NPDES discharge permit shall provide a written plan for regular and periodic sampling and testing of the influent and effluent of the system to determine that it is being operated in accordance with the discharge permit issued by PaDEP, and the plan shall require the submission of copies of the results to PaDEP and the Authority within 30 days of the last day of each month.

(5) The owner shall present a written plan for regular and periodic inspections and maintenance of the system and its appurtenances.

(6) Written permission of the owner permitting the Authority, its authorized servants, agents and employees to enter upon the property to inspect the system, observe its operation and secure such test samples as deemed appropriate by said entities and to permit such inspections and test sampling as required by the Authority.

(7) The owner's agreement and plan to integrate his sewage needs and system into the Authority's sewage program in the area, including the use of the public sewage system of the Authority when same is available.

D. The seven requirements in Subsection C immediately above shall apply only to new systems wherein the installation permit was issued by PaDEP under § 187-82C above. With regard to new systems wherein the installation permit was issued by Montgomery County Health Department under § 187-82B above, the application for the use and operation permit shall include only the requirements of Subsection C(1),(6) and (7) above.

E. With regard to all sewage systems in the Township existing before the effective date of this Part 2, the Authority shall issue to the owners of same use and operation permits without requiring any application or the payment of any fee for the initial permit.

F. The Authority shall determine the period of time for which the use and operation permits are issued, taking into consideration the inspection and other requirements of this Part 2.

§ 187-86 Issuance or denial of permit for use and operation.

A. Any permit shall be issued or denied within 15 days after receiving the application for same, unless it is determined by the Authority that the data submitted by the applicant or owner is incomplete or the entity is unable to verify the information submitted, in which event notice shall be given to the applicant or owner within 15 days of receipt of the original application of the reasons why the application is not acceptable. When the required information is received, the Authority shall act upon the application within 15 days.

B. Any denial of a permit shall be in writing and shall include a statement of the reasons for the denial and that the applicant has a right to a hearing before the Authority upon a written request of the applicant or owner filed within 30 days with the Authority.

§ 187-87 Fee schedule.

A. The Authority shall, by resolution, adopt a fee schedule for the inspections of sewage systems under § 187-84 hereof and for the use and operation permits issued under § 187-85 hereof.

B. These schedules shall be kept on file at the Authority offices and shall be changed and revised from time to time as the Authority shall deem necessary.

C. The Authority shall be reimbursed by any owner or user of a system for any and all required emergency responses, the actual expenses incurred by the Authority plus 10% for administration and additional emergency response costs.

D. Fees for actual expenses related to systems that fail or are in violation of the Clean Streams Law, Sewage Facilities Act[1] or any of its regulations or of the provisions of this Part 2 shall be paid by the owner. The Authority shall be reimbursed for any and all actual expenses incurred in making any inspections or tests and taking steps to require an owner or user to correct a faulty or failed system. These fees will include any necessary consultants', engineering and legal fees related to this enforcement activity plus a ten-percent administration fee.

[1] Editor's Note: See 35 P.S. § 691.1 et seq. and 35 P.S. § 750.1 et seq., respectively.

§ 187-88 Bonds and escrow funds.

A. Prior to the issuance of any permit for the use and operation of any new sewage system wherein an installation permit was issued by PaDEP under § 187-82C above, the owner shall post a bond with a recognized bonding company approved by the Authority in the amount of 110% of the estimated replacement costs of the system and a bond for 110% of the annual cost of maintenance of the system. These costs and bond amounts shall be determined by the Authority's engineer. These bonds shall be for a period of at least two years with the obligation on the part of the owner to renew them so long as the system remains in operation. Said bonding company or companies approved by the Authority shall have at least an AM. Best rating of B+ or higher.

B. Each time the bonds are subsequently renewed, the dollar amount of the bonds shall be escalated in accordance with the following:

(1) Replacement costs. The initial actual costs of installation shall be escalated by McGraw Hill Engineering News Record Construction Cost Index (ENR-CCI) as the ratio of current date ENR-CCI to the substantial completion date ENR-CCI times the actual initial installation costs. [Calculated amount = (ENR-CCI year 2 ÷ ENR-CCI initial) x initial costs].

(2) Maintenance costs. The initial estimated annual costs of maintenance shall be escalated by the United States Department of Labor Consumer Price Index (CPI) as the ratio of the current date CPI to the substantial completion date CPI times the initial estimated annual maintenance. The CPI escalated annual maintenance shall be adjusted by the ratio of ending annual average flow to the preceding period's annual average flow, the result raised to the six-tenths power. {Calculated amount = (CPI year ÷ CPI Initial) x [(Q year ÷ Q initial) ^ 0.6] x annual maintenance cost}. The calculated new bond amount shall be compared against the preceding twelve-month maintenance cost, and the larger of the two amounts shall be the amount.

C. In lieu of such bonds, the owner shall be permitted to establish an escrow fund for the replacement cost and the annual maintenance cost with the Authority for at least 50% of the estimated cost of replacement and/or maintenance of the system with the obligation to add to this fund 10% of same each year until the fund reaches 110% of the cost of replacement and/or maintenance of the system as determined by the Authority.

§ 187-89 Retaining or holding tanks.

A. The Authority is hereby authorized and empowered to approve within the Township the control and methods of the use and operation of retaining or holding tank sewage disposal and the collection and transportation of retaining or holding tank waste.

B. The Authority shall adopt such rules and regulations, including a fee schedule concerning sewage retaining or holding tanks, which it may deem necessary from time to time to effect the purposes herein.

C. Since retaining/holding tanks are the least desirable method of handling wastewater and it is the objective of the Township and its Authority to provide public sewerage service to the entire Township, the Authority shall not issue any permits for new retaining or holding tanks unless one of the following is met and the owner purchases capacity in the treatment, conveyance and collection facilities by paying the required tapping fee:

(1) The Authority estimates that within a three-year period public sewerage will be within 150 feet of the principal building on the property proposing to utilize retaining/holding tanks as a temporary means of sewerage disposal.

(2) The owner posts an escrow amount in cash equal to 110% of the average annual contract amount for wastewater hauling and disposal at a rate of every three days of three independent private wastehaulers. These funds shall be used by the Authority to maintain/operate the retaining/holding tank if required through default of the owner. When the retaining/holding tank is terminated and public sewerage service provided, the remaining funds will be returned to the owner. The retained interest becomes the Authority's as a fee for administering the account.

(3) The owner intends to use the holding-retaining, collection system as a short-duration (less then four months) facility. A permit may be issued by the Authority without guaranty, but wastehauler and disposal location contract must be provided. In the event of the owner's failure to operate and maintain the system to the satisfaction of the Authority, the owner agrees that the Authority may terminate the permit and prohibit the use previously approved, and all occupied/used facilities operated by the owner shall be closed until public sewerage service is provided.

D. No person in the Township shall install or construct a retaining or holding tank or install, construct, occupy or use a building to be served by a retaining or holding tank without first obtaining a permit from the Montgomery County Health Department under § 187-82B above.

E. The Authority shall inspect retaining or holding tanks located in the Township annually, and the owner shall pay an annual inspection fee in accordance with the Authority's fee schedule. The owner shall also pay to the Authority actual costs of Authority covering any emergency responses concerning operation and maintenance of retaining or holding tanks.

F. The collection and transportation of all sewage from any improved property utilizing a retaining or holding tank and the disposal thereof shall be made only at such site or sites as may be approved by the PaDEP. The pickup and delivery of the retaining or holding tank waste shall be conducted with a manifest system to verify the source, quantity and treatment site of all retaining or holding tank waste. The owner shall submit to Authority annually copies of all manifests evidencing proper disposal of the sewage.

G. The regulation covering hauled wastewater in Ordinance No. 97-75, § 187-13 of this chapter, the Sewer Use Ordinance, of the Township is herein incorporated by reference and made a part hereof.

H. The applicant for the use and operation of a new retaining or holding tank permit shall submit the following to the Authority:

(1) A performance bond or an escrow fund created with the Authority to ensure that the necessary steps for the collection, transportation and disposal of the retaining or holding tank waste will be completed. Any performance bond shall be issued by a company having an AM. Best rating of B+ or higher and upon terms approved by the Authority, and the amount of the bond or escrow fund shall be 110% of the annual cost of transportation and disposal of the retaining or holding tank waste as estimated and determined by the Authority.

(2) Letters from an authorized official of two PaDEP-approved disposal sites, one primary and one alternate, agreeing to receive retaining or holding tank waste from the applicant.

(3) A list, both quantitative and qualitative, of all wastes which will be discharged to a retaining or holding tank. The qualitative analysis will be performed in accordance with the United States Environmental Protection Agency's 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 or holding 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 Title 25 Pa. Code, Chapters 71, 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 or holding 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 by the Township until the Authority approves the retaining or holding tank application in each instance and grants a permit for use and operation, and no occupancy permit shall be granted until the retaining or holding tank installation is approved by the Authority.

(3) The owner shall locate all retaining or holding tanks so that the sewage pumper will have easy access to withdrawal facilities during all seasons of the year.

J. The owner of the property on which the retaining or holding tank is located shall:

(1) Maintain the retaining tank facilities and equipment in proper working order at all times in conformance with this Part 2 and any other regulations of the Montgomery County Health Department, Township or Authority and the terms of any applicable laws and the regulations of PaDEP.

(2) Permit an authorized representative of the Montgomery County Health Department, Authority or PaDEP 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 or escrow fund to pay for the collection, transportation or disposal of the owner's retaining or holding tank waste, the owner must either obtain a new bond in an amount designated by the Authority or place 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 or holding tank facilities, and this sum shall include the annual cost of these items. If the owner does not comply with these requirements within 30 days, the Authority shall revoke the permit and close all facilities serviced by the retaining/holding tank.

L. The regulations of this section shall apply only to retaining or holding tanks constructed after the effective date of this Part 2, except that Subsections A, B, E, F, G and J of this section shall apply to holding tanks constructed both before and after the effective date hereof.

§ 187-90 Planning modules required for subdivision or land development.

Whenever an owner of a single lot or tract of land or a part thereof applies to subdivide same into two or more lots or to install a second or subsequent individual or community sewage system on the lot or tract, or whenever the owner applies for a permit required by PaDEP, the owner shall prepare planning modules for the revision or supplementation of the Official Plan of the Township and shall submit the same to the Township, utilizing the PaDEP's planning modules for land development.

§ 187-91 Adoption of standard specifications by reference.

This Part 2 adopts by reference the Standard Specifications for Construction of Sanitary Sewers, Force Mains, Pump Stations and Wastewater Treatment Plants for the Montgomery Township Municipal Sewer Authority which are dated August 1987, revised April 1992, and previously adopted by resolution of the Authority.

§ 187-92 Standards for conservation of water.

No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind in the Township of Montgomery which is constructed or remodeled, and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way, and for which a building or construction permit is required to be obtained from Montgomery Township (or would be required but for the exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water-using fixtures therein conform to the requirements, standards and regulations of the water company providing the source of public water for said building or structure.

§ 187-93 Design and installation of capped sewer.

A. When required by the Authority or Township, all owners of land intended to be improved and developed with on-site sewage disposal shall, as a part of final approval of land development, agree to design and install a capped sewer system for connection to and becoming a part of the sewer system of the Authority.

B. When it is determined by the Township or the Authority that a property to be subdivided or developed shall be served within a reasonable time by public sewers, capped sewers shall be installed. The sewer lines shall be suitably capped at the limits of the subdivision or development, and the laterals shall be capped at the street right-of-way line. When capped sewers are provided, on-site sewer systems designed and approved in accordance with the provisions of this Part 2 shall also be provided.

C. The design and installation of the capped sewer system shall be in accordance with the standard specifications of the Authority as adopted by this Part 2 in § 187-91 above.

§ 187-94 Violations and penalties.

A. Any person or owner who shall violate any provision of this Part 2 or resolution or regulation promulgated hereunder, or any provision of the Clean Streams Law, the Sewage Facilities Act or any regulations promulgated under either of these Acts, or who is the owner or user of property on which a condition exists that constitutes a nuisance under the Clean Streams Law or Sewage Facilities Act, or who fails or refuses to comply with any lawful notice, order or direction, or who resists or interferes with any officer, agent or employee of a local agent or an employee or agent of PaDEP in the performance of his or her duties shall be guilty of a summary offense. Upon conviction thereof, such person shall be sentenced to pay a fine not exceeding $500 for each violation. Each day on which any such violation shall continue shall be deemed a separate offense. The fines shall be paid to the Authority. Such fines and penalties, together with the costs of prosecution, may be collected by suit or summary proceedings brought in the name of the Township or Authority.

B. Any penalty proceedings commenced hereunder shall not prevent the Township, the Authority, the Montgomery County Health Department or PaDEP from taking any action deemed necessary for violations of the law or of this Part 2, including but not limited to actions taken for civil remedies, suits in equity to restrain or prevent violations of the law or of this Part 2, actions for penalties, fines and fees under the Sewage Facilities Act and actions to abate any nuisance as same is defined in the Sewage Facilities Act.

§ 187-95 Promulgation of regulations.

In implementing this Part 2, the Authority may, by resolution, promulgate such forms and regulations for the administration and enforcement hereof as it shall determine are necessary. Failure of any owner or user to receive or secure any required forms or copies of regulations shall not constitute a defense to the enforcement or penalty provisions of this Part 2. Copies of all such forms and regulations shall be available to the public in the Authority's office during business hours.