[Adopted 3-2-2009 by Ord. No. 2009-02[1]]
[1]
Editor's Note: This article also repealed
former Art. IV, Sewage Management District, adopted 9-7-2004 by Ord.
No. 2004-08.
A.Â
As mandated by the municipal codes, the Clean Streams
Law (35 P.S. §§ 691.1 to 691.1001) and the Pennsylvania
Sewage Facilities Act (35 P.S. § 750.1 et seq.), municipalities
have the power and the duty to provide for adequate sewage treatment
facilities and for the protection of the public health by preventing
the discharge of untreated or inadequately treated sewage. The Official
Sewage Facilities Plan for Straban Township has evaluated the need
to implement an on-lot management program to effectively prevent potential
water pollution and hazards to the public health caused by improper
treatment and disposal of sewage.
B.Â
The purpose of this article is as follows:
(1)Â
To bring and keep the municipality within the requirements
of the Clean Streams Law (Act of 1937, P.L. 1987, No. 394) and the
Pennsylvania Sewage Facilities Act (Act of 1966, P.L. 1535, No. 537,
as amended, known as "Act 537").
(2)Â
To provide for the inspection, pumping, maintenance
and rehabilitation of private and public on-lot sewage systems.
(3)Â
To establish penalties and appeal procedures necessary
for the proper administration of such a management program.
As used in this article, the following terms
shall have the meanings indicated:
The Act of January 24, 1966, P.L. 1535, No. 537, as amended,
35 P.S. § 750.1 et seq., known as the "Pennsylvania Sewage
Facilities Act."
A certified sewage enforcement officer, registered pumper/hauler,
code enforcement officer, professional engineer or any other qualified
or licensed person who is delegated by the Township to carry out the
provisions of this article within specified limits.
The Board of Supervisors of Straban Township, Adams County,
Pennsylvania.
A below-ground cavity built of loose rock or blocks that
provides for the temporary storage of sanitary sewage until the sewage
drains into the surrounding area.
An agent of the Township authorized to administer and enforce
this article and other ordinances in the Township.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
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.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition occurring when an on-lot sewage system causes
pollution to groundwater or surface water, contamination of private
or public drinking water supplies or nuisance problems or is a hazard
to public health. Any treatment or holding tank observed to be leaking,
or any instance where sewage is backing up into a building connected
to the system, is considered a malfunction. Systems shall be considered
to be malfunctioning if any of the conditions noted above occur for
any length of time during any period of the year.
Straban Township, Adams County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act. Hereinafter called the
"Plan," it shall mean the Straban Township Act 537 Plan, as amended.
A comprehensive set of legal and administrative requirements,
including this article, the Act, the Clean Streams Law and all regulations
and requirements adopted by the Board to enforce and administer this
article.
A form which shall be used by all registered pumpers/haulers
to report each pumping of on-lot sewage disposal systems in the Township.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal, including both individual sewage systems
and community sewage systems.
Any person having an equitable or legal interest in real
estate in Straban Township.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, trust, estate or
other legally recognized entity.
Person or organization licensed by the Adams County Solid
Waste Authority and the Pennsylvania Department of Environmental Protection
(PADEP) and registered with Straban Township annually.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot disposal system.
Any human excrement, other domestic or restaurant waste or
other material or substance removed from a portable toilet, septic
tank, seepage pit, treatment tank, cesspool or other enclosure used
for the storage or decomposition of sewage, but does not include liquid
industrial waste.
The Township form to be completed by the pumper/hauler for
each individual tank and forwarded to the Township after each inspection
and/or pumping.
A watertight tank that provides for the treatment of sanitary
sewage prior to its discharge to an absorption area.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals,
and any noxious or deleterious substance which is harmful or inimical
to public health or to animal or aquatic life or to the use of water
for domestic water supply or for recreation or which constitutes pollution
under the Act of June 22, 1937 (P.L. 1987, No. 394),[1] known as the "Clean Streams Law," as amended.
An agent of the Township DEP certified to issue and review
permit applications and conduct such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated thereunder.
Any method of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage into the waters of this commonwealth or otherwise provide
for the safe and sanitary treatment and disposal of sewage.
Any area or areas within the entire Township. For the purpose
of this article, Straban Township will be divided into three pumping
districts.[2]
Straban Township, Adams County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
[2]
Editor's Note: The Sewage Management District Map showing the three districts is included at the end of this chapter.
From the effective date of this article, its
provisions shall apply to every owner of a lot served by an on-lot
sewage system in Straban Township and all persons or businesses servicing
on-lot sewage systems (constructing, pumping, inspecting or repairing
on-lot sewage systems) within the Township.
A.Â
Any person owning a building served by an on-lot sewage
disposal system shall have the septic tank pumped by a registered
pumper/hauler after the effective date of this article on the following
reoccurring three-year cycle. See the Sewage Management District Map,
a Township map showing the three Districts.[1]
(1)Â
Properties located in Pumping District No. 1 within
one year of the effective date of this article. Thereafter, the three-year
cycle will be based on the calendar year.
(2)Â
Properties located in Pumping District No. 2 will
be pumped within the first calendar year following the effective date
of this article. (Initial pumping will be in the year 2010.)
(3)Â
Properties located in Pumping District No. 3 will
be pumped within the second calendar year following the effective
date of this article (initial pumping will be in the year 2011.)
[1]
Editor's Note: Said map is included at the end of this chapter.
B.Â
The Township shall notify all property owners within
each of the sewage management districts served by an on-lot sewage
system that their systems must be pumped and inspected within 12 months
of the date the notification letter is sent. Any person owning a building
served by an on-lot sewage system within the sewage management district
which contains a treatment tank shall have the tank pumped by a registered
pumper/hauler. The property owner must have his system pumped within
the time period specified in the Township's notification letter unless
he can provide the Township with a receipt or other written evidence
showing that his tank has been pumped within the past one year. Property
owners providing such written documentation satisfactory to the Township
can request that the Board of Supervisors grant a postponement of
the initial required pumping until the end of a three-year period
following enactment of this article. The decision to grant or deny
the request shall be final.
C.Â
The registered pumper/hauler shall provide a fully
completed and legible septic system report to the Township within
30 days of the date of pumping. The pumper shall mail or hand deliver
the septic system report to the Township municipal building at 1745
Granite Station Road, Gettysburg, PA 17325.
D.Â
Commencing from the date of pumping as prescribed in Subsection A above, removal of septage or other solids from treatment tanks shall be performed every three years or whenever an inspection program reveals the treatment tanks are filled with solids in excess of 1/3 the liquid depth of the tank or filled with scum in excess of 1/3 the liquid depth of the tank.
E.Â
The required pumping frequency may increase at the
discretion of the SEO for the following reasons:
(1)Â
If the tank is undersized;
(2)Â
If solids buildup in the tank is above average;
(3)Â
If the hydraulic load on the system increases significantly
above average;
(4)Â
If a garbage grinder is used in the building; or
(5)Â
If the system malfunctions or for other good cause
not shown (as determined by the SEO and approved by the Board of Supervisors).
F.Â
Treatment tanks to be pumped more frequently than
the required three years must have a septic system report prepared
and provided to the Township within 30 days of each pumping occurrence.
G.Â
Tanks shall be deemed to be pumped when all organic
solids are removed and the total average liquid depth remaining in
the tank is less than one inch.
H.Â
Holding tanks shall be pumped out at intervals that
prevent the overflow, leakage, backup and other malfunctions characteristic
of an overloaded system.
I.Â
The owner of a property upon which an on-lot sewage
system is constructed shall maintain the area around such system so
as to provide convenient access for inspection, maintenance and pumping
and divert surface water and downspouts away from the absorption area
and other on-lot sewage system components.
J.Â
Tanks shall only be pumped from/through the manhole/access
port, i.e., the largest tank opening. Tanks shall not be pumped from/through
the observations port.
K.Â
Any person owning a building served by an alternate
system or on-lot sewage system that 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 service agreement 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 may the
service or pumping intervals exceed those required for septic tanks.
L.Â
The Township may require additional maintenance activity
as needed, including but not necessarily limited to:
(1)Â
Cleaning and unclogging of piping;
(2)Â
Servicing and repair of mechanical equipment;
(3)Â
Leveling of distribution boxes, tanks and lines;
(4)Â
Removal of obstructing roots or trees;
(5)Â
The diversion of surface water away from the disposal
area; or
(6)Â
Other means acceptable to the SEO and PADEP.
A.Â
An initial inspection and subsequent periodic inspections
shall be conducted when an on-lot system is pumped. Inspections shall
be conducted by a registered pumper/hauler for the purpose of determining
a system's functional status. The individual property owner is responsible
to contact and make arrangements directly with the pumper/hauler.
B.Â
An on-lot septic system report of the inspection shall
be prepared by the registered pumper/hauler and furnished to the owner
of each property inspected. The pumper/hauler shall also provide a
copy of said report to the Township within 30 days of the inspection.
(1)Â
When the pumper/hauler finds possible indications
of malfunction, he/she will notify Straban Township within 24 hours
of the inspection.
C.Â
Written reports shall be recorded on the Straban Township
on-lot septic system report form. The pumper shall legibly and fully
complete the form to address all requested information.
D.Â
The Straban Township SEO shall inspect systems known
to be, or alleged to be, malfunctioning. Should the said inspection
reveal that the system is indeed malfunctioning, the Township's SEO
shall take action to require the correction of the malfunction.
(1)Â
The Township SEO may inspect any on-lot sewage disposal
system at any time after reasonable notice is given to the property
owner or the occupier of the property.
(2)Â
The Township SEO shall have the right to enter upon
land for the purpose of inspections as described above.
(3)Â
The SEO inspection may be due to information derived
from the On-Lot Septic System Report or a formal written complaint.
(4)Â
The inspection may include a physical tour of the
property; the taking of samples from surface water, wells or other
groundwater sources; the sampling of the contents of the sewage system
itself; and/or the introduction of a traceable substance into the
interior plumbing of the structure served to ascertain the path and
ultimate destination of wastewater generated in the structure. The
owner will bear the cost of the inspection and the analysis of any
samples.
A.Â
Only normal domestic wastes shall be discharged into
any on-lot sewage system. The following shall not be discharged into
the system:
(1)Â
Industrial wastes;
(2)Â
Automobile oil and other nondomestic oil;
(3)Â
Toxic or hazardous substances or chemicals, including
but not limited to pesticides, disinfectants, acids, paints, thinners,
herbicides, gasoline and other solvents;
(4)Â
Clean surface water or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and french
drains.
B.Â
If any of the above materials listed in § 103-27A(1), (2) or (3) are found during the inspection, additional pumping, additional treatment and/or possible environmental action will be taken.
Any person who shall install new or rehabilitated
on-lot sewage systems shall provide a marker or markers at ground
level locating all major subsurface components of the system. The
Township SEO shall establish marker types and required locations.
In addition, a riser or access hatch shall be constructed so as to
enable easy access to the waste disposal tank and prevent odors from
escaping and to prevent children from removing the hatch. Accessibility
for visual inspection and maintenance shall be provided in the drainage
fields via four-inch vertical, nonperforated PVC pipe connected directly
to the drain tile at a minimum of four locations in the drainage field,
and such installation shall be subject to Township SEO approval.
A.Â
The Township's Sewage Enforcement Officer shall have
the authority to require the repair of any malfunction of an on-lot
septic system in accordance with regulations and policies established
by the Pennsylvania Department of Environmental Protection in the
Sewage Facilities Act.
B.Â
In lieu of, or in combination with, the remedies described
above, the SEO 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. Wastewater
regeneration in the structure may also be reduced by requiring changes
in water usage patterns in the structure served.
The Township, upon written notice from the SEO
that an imminent health hazard exists due to failure of a property
owner to maintain, repair or replace an on-lot sewage system as provided
under the terms of this article, shall have the authority to perform
or contract to have performed the work required by the SEO. The owner
shall be charged for the work performed, and, if necessary, a lien
shall be entered therefor in accordance with law.
A.Â
All septage originating within the Township shall
be disposed of at sites or facilities approved by the DEP.
B.Â
Septage pumpers/haulers operating within the Township
shall operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101
through 6018.1003).
A.Â
The Township shall employ qualified individuals to
carry out the provisions of this article. The Township may also contract
with private, qualified persons or firms, as necessary, to carry out
the provisions of this article.
B.Â
All permits, records, reports, files and other written
material relating to the installation, operation, maintenance and
malfunction of on-lot sewage systems in the Township shall become
the property of the municipality. Existing and future records shall
be available for public inspection during required business hours
at the Township office. All records pertaining to sewage permits,
building permits, occupancy permits and all other aspects of the municipality's
on-lot management program shall be made available, upon request. A
fee for copying may be charged.
C.Â
The Township Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
D.Â
The Supervisors may establish a fee schedule, and
subsequently collect fees, to cover the cost to the Township of administering
this program.
Any person aggrieved with the actions of the
Sewage Enforcement Officer or any other authorized agent of the Township
may file an appeal in accordance with Act 537. (See 35 P.S. § 750.16.)
A.Â
Any person who shall violate or fail to comply with
any provision of this article shall, upon conviction thereof by a
summary proceeding action brought before a District Justice in the
same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, be sentenced to pay
a fine of not less than $100 nor more than $1,000, plus all court
costs, or imprisonment, all pursuant to the purposes and mandate of
Act No. 172 of 1996, as amended. Each day's continuance of a violation
of this article shall constitute a separate offense.
B.Â
The discharge by the Township of its obligations as
set forth in this article shall create no liability upon the Township,
its officials, employees or agents.
C.Â
All reports, inspections, appraisals, certifications
or records required or produced by the Township, its officials, employees
or agents, as required by this article, shall be for the use and benefit
of the Township only and shall not be accepted, utilized or relied
upon by any other person or party by way of certification or otherwise.
