[Adopted 5-11-1992 by Ord. No. 378]
When an official plan or revision to an official plan for existing need
areas or new land development proposes the construction of a Department of
Environmental Protection (DEP) permitted single-residence sewage treatment
plant, the owner and/or applicant who seeks the single-residence sewage treatment
plant shall provide the township with the following:
A.
Evidence of DEP approval of the single residence sewage
treatment plant;
B.
Execution of an agreement between the property owner and the township, wherein the owner agrees to assume all maintenance, performance and testing requirements of the Pennsylvania Department of Environment Protection and/or the Allegheny County Health Department (ACHD). The owner shall make any repair or replacement of any part or of all of the system required by the inspection reports. Upon failure to do so, within a reasonable time, the township may have said repairs or replacements made at the cost or expense of the property owner. The Township shall have the right to sue the property owner in assumpsit for reimbursement or lien the property for any costs or expense which is in excess of the escrow fund balance referred to in Subsection C hereof. The agreement shall be recorded in the office of the Recorder of Deeds, and the obligations thereunder shall run with the land, and, in addition to setting forth operation and maintenance procedures, the agreement shall require the property owner to:
(1)
Remove sludge from the sewage treatment plant at least
once every two years;
(2)
Install water conservation devices so as to minimize
the volume of wastewater discharged to the sewage treatment plant;
(3)
Prevent the entrance of all extraneous surface water
and groundwater from entering the waste disposal system; and
(4)
Pay an application processing fee, as adopted by resolution
from time to time by the Board of Commissioners and on file in the township
offices, and all legal and engineering fees incurred by the township to prepare
and record the agreement;
C.
A deposit in the sum of $2,000, which may be held in
the escrow account under the township's name, to be used by the township
to effectuate any necessary repair, inspection, replacement or maintenance
of the subject system at the sole discretion of the township. Should the escrow
account balance fall below the sum of $2,000, the owner shall be required
to deposit additional sums necessary to bring the account to its minimum balance
of $2,000. The escrow account and any interest earned on the account shall
remain in place until such time as the treatment facility is abandoned or
no longer required. In the event that the facility is eliminated by the future
extension of public sewers, the owner agrees that the escrow fund will be
used toward the payment of tapping and connection charges to said public system;
D.
A true and correct copy of a service agreement between
the owner and a company certified to provide the required testing and reporting
promulgated by the DEP and/or ACHD. The agreement shall provide for a quarterly
inspection by a licensed inspector. The inspection shall include the testing
of effluent discharged as required by the DEP and the preparation and filing
of reports with all required agencies, including the township; and
E.
A copy of an agreement between the owner and a licensed
hauler for the removal of sludge or solids from the system. The owner shall
be responsible for the removal of sludge or solids from the system on a regular
basis of at least once every two years or on a more frequent basis as may
be determined by the DEP and/or ACHD. The sludge shall be removed and disposed
of in accordance with the requirements of the Pennsylvania Solid Waste Management
Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
Any person, firm, association or corporation violating any provision
of this article shall, upon conviction, be punished by a fine not to exceed
the sum of $1,000 for each offense, recoverable with costs, and in default
of payment of the fine and costs, shall be subject to imprisonment in the
county jail for a period not exceeding 30 days. Each day that a violation
is continued shall constitute a separate offense. In the case of firms or
associations, the penalty may be imposed upon the partners or members thereof,
and in the case of corporations upon the officers thereof.
