[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-17-2002 by Ord. No. 02-03]
Pursuant statutory authority granted the municipality
in the Pennsylvania Sewage Facilities Act, 35 P.S. 750. 1 et seq.,
("the Act"), as implemented by and through the regulations issued
by the Pennsylvania Department of Environmental Protection, Title
25, Chapters 71, 72 and 73, to take actions necessary to assure continued
compliance of sewage facilities with the Act, the Clean Streams Law
and regulations promulgated hereunder, the Board of Supervisors (the
Board) of East Brandywine Township, Chester County, Pennsylvania (the
municipality) do hereby ordain as follows.
This article shall be known as and may be referred
to as the "Sewage Management Program Ordinance."
The purpose of this article includes:
A.
The requirement for the registration of all businesses
and persons that install, repair, inspect, evaluate, operate, maintain
(including removal and disposal of septage), or otherwise service
on-site systems within the municipality;
B.
The requirement for the municipality to establish
a routine inspection and reporting program of all sewage facilities
within the municipality;
C.
The establishment of a continuing education program
to promote the proper use, operation, and maintenance of all sewage
facilities; and
D.
The requirement for the owners of sewage facilities
to properly operate and maintain their sewage facility.
The following words and terms, when used in
this article, shall have the following meanings:
The component of the on-site system that disperses partially
treated sewage into the ground subsurface for final renovation by
the soil and recycling of the treated wastewater into the groundwater.
A Certified Sewage Enforcement Officer, qualified registered
professional engineer, or any other person or firm designated by the
Board of Supervisors to carry out the provisions of this article as
the agent for the Board.
The Chester County Health Department.
The condition that occurs when any sewage facility pollutes
ground or surface waters; contaminates private or public drinking
water supplies; creates a nuisance or a hazard to public health.
Any person, corporation, partnership, etc. holding deed,
or title to lands within the municipality.
An individual or a community sewage facility that recycles
treated wastewater into the groundwater at or near the site of generation.
Any individual, agent, or employee of any proprietorship,
partnership, or corporation that installs, evaluates, services, maintains,
or operates an on-site system including those who pump, or transports
septage from an on-site system.
The Department of Environmental Protection for the Commonwealth
of Pennsylvania.
An individual who has specialized training in the evaluation
of on-site systems with one or more of the following accreditations:
Advanced On-lot Wastewater Treatment System
Inspector issued by the Pennsylvania Septage Management Association;
Accredited On-site Water and Wastewater Inspector
issued by the National Sanitation Foundation;
Professional engineer registered in the Commonwealth
of Pennsylvania; or
Any other certification program acceptable to
the municipality.
Work done to modify, alter, rehabilitate or enlarge an on-site
system
The scum, sludge, liquid, and other material pumped from
a septic tank, or any other treatment tank.
A substance that contains waste products or excrement or
other discharge from the bodies of human beings or animals and noxious
or deleterious substances being harmful to the public health, or to
animal or aquatic life, or to the use of water for domestic water
supply or for recreation. The term includes any substance which constitutes
pollution to the waters of the commonwealth under the Clean Streams
Law (35 P.S. §§ 691.1 through 691.1001).
The official of the local agency who reviews permit applications
and sewage facility planning modules, issues permits as authorized
under the Act, and conducts the investigations and inspections that
are necessary to implement the Act.
Any method of sewage collection, conveyance, treatment, and
disposal that will prevent the discharge of untreated or inadequately
treated sewage into the waters of this commonwealth, or otherwise
provide for the safe treatment and disposal of sewage or other waste.
Sewage facilities include both on-site systems and those systems that
convey sewage across municipal boundaries for ultimate treatment by
others.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides solids separation and anaerobic decomposition of sewage solids prior to discharge to the absorption area.
AEROBIC SEWAGE TREATMENT TANK/AEROBIC TREATMENT UNIT (ATU)A mechanically aerated tank that provides aerobic biochemical treatment and solids separation of sewage prior to discharge to the absorption area.
A.
All building permit applications shall include evidence
of satisfactory compliance with the Pennsylvania Sewage Facilities
Act (35 P.S. §§ 750.1 through 750.20).
B.
Building permit applications for any new building
or addition to an existing building served or proposed to be served
by an on-site system shall include a site plan showing the proposed
and existing locations of all sewage facility components, including
absorption areas and replacement absorption areas.
C.
Building permit applications for buildings served
by an existing on-site system shall also include an inspection report
by a qualified on-site system inspector indicating that the existing
on-site system is adequate and sized for the use and function of the
proposed building.
D.
Occupancy permits shall not be issued until an "as-built"
record drawing showing the type, size, capacity, and location of all
on-site system components. An "as-built" record drawing shall be drawn
to scale and provide two measured distances between each component
and a property or building corner is provided to the municipality.
A.
All on-site system service providers shall be registered
with the municipality.
C.
On-site system service providers shall file individual
reports within two working days in a form acceptable to the municipality
after performing any type of service, installation, repair, maintenance,
operation, or inspection (including evaluations of on-site systems
for real estate transactions).
Sewage facilities with operating permits issued
by the Pennsylvania Department of Environmental Protection and sewage
pumping systems, including sewage pumping systems that convey sewage
across municipal boundaries for ultimate treatment by others, require
frequent and routine service in order to assure proper operation.
Owners of all such sewage facilities shall file reports on the operation
and maintenance of the sewage facility on a monthly basis within 28
days after the last day of the reporting month in a matter acceptable
to the municipality.
A.
General responsibilities. The owner of a property
served by an on-site system shall be solely responsible:
(1)
For any and all costs associated with the operation
of their on-site system;
(2)
To assure that the on-site system is operated in the
manner for which it was designed and intended;
(3)
To assure that there is no discharge or disposal of
any material or substance into the system in any quantity or concentration
that would cause the system harm or to otherwise not function as intended;
(4)
To maintain the on-site system in such a condition
as will permit it to function and prevent the unlawful discharge of
sewage; and
(5)
To 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
system components.
B.
Minimum operation and maintenance requirements shall
be include but not are limited to:
(1)
The removal of septage or other solids from treatment
and other storage tanks once every three years, or when notified after
an inspection of the on-site system that it appears that settled or
floatable solids are in excess of 1/3 the storage capacity of the
tank; and
(2)
The recommendations of the manufacturer of any system
component.
A.
Within 24 months after of the adoption of this article,
all property owners with on-site systems in the municipality shall
be notified by the municipality to have their on-site system inspected.
B.
After the initial inspection:
(1)
Property owners of residential on-site systems shall
be notified biennially (every two years) by the municipality to have
a follow-up inspection unless a prior inspection indicates a different
inspection interval of not less than three years.
(2)
Property owners of nonresidential systems shall be
notified by the municipality to have three follow-up inspections every
90 days. After the fourth inspection, a schedule of follow-up inspections
will be determined by the municipality of not less than one follow-up
inspection every 12 months.
C.
Inspections of residential systems shall be inspected
either by the municipality or qualified on-site system inspector of
the property owner's choosing.
(1)
Inspections performed by the municipality will be
conducted at a reduced charge to the property owner, based on the
actual cost of the inspection less any reimbursable amount by PA DEP.
(2)
A qualified on-site system inspector of the property
owner's choosing shall conduct inspections of residential systems
at the property owner's sole expense.
D.
A qualified on-site system inspector of the property
owner's choosing shall conduct inspections of nonresidential systems
at the property owner's sole expense.
E.
Property owners shall be notified by U.S. Mail at
the address indicated on the records from the County Tax Assessment
Office or Township address records that they have 30 days to have
their on-site systems inspected.
All qualified on-site system inspectors performing
on-site system inspections under this article shall file a completed
report to the municipality within five business days in a manner acceptable
to the municipality, upon completion of such service. The report shall
contain, at a minimum, the following:
A.
The observation of any untreated or partially treated
sewage being discharged into waters of the commonwealth, on to the
ground, or backing up into a structure.
B.
The depth of settled and floatable solids in each
compartment of each tank within the system. If solids are in excess
of one-third of the available storage volume, the property owner shall
be notified that the tank(s) are recommend to be pumped.
C.
Verification and recording of the operational function
of all chemical, mechanical, and electrical components of the sewage
facility; collection and conveyance piping, pressure lines and manholes,
alarm and flow recorder devices, pumps, disinfection equipment, and
related safety items.
D.
Verification and recording that surface contouring
and other measures are consistent with 25 Pa. Code Chapter 73, to
divert stormwater away from treatment facilities and absorption areas
and to protect absorption areas from physical damage. Identify and
report any inconsistency.
E.
The recording of any other observations made associated
with the proper operation and maintenance of the on-site system.
F.
A recommendation when the next inspection should be
performed (not less than three years).
A.
All on-site system service providers who provide septage
pumping services in the municipality shall also be licensed by the
Chester County Health Department.
B.
The pumping of on-site systems in the municipality
shall be done in accordance with the Pennsylvania Septage Management
Association's Tank Pumping protocol.
A.
The municipality shall mail annually general information
on the proper operation and maintenance of on-site system to all property
owners with on-site systems in the municipality.
B.
The municipality shall inform property owners of additional
maintenance and service recommendations based on the observations
made during the inspection.
C.
The municipality shall annually publish and distribute
a list of all registered on-site system service providers.
The Board shall establish a Sewage Management
Program fund from the municipality's general fund with an initial
balance not greater than $75,000. From time to time, the municipality
shall apply to Pennsylvania Department of Environmental Protection
(DEP) for partial reimbursement of expenses related to the Sewage
Management Program. The reimbursed expenses will be used to replenish
the Sewage Management Program fund.
The Board may, by resolution, establish a fee
schedule and collection program to cover the municipality's costs
of administering this article that are not eligible for reimbursement
from PA DEP.
A.
It shall be
illegal for any on-site system service provider to fail to file the
necessary reports in the manner previously specified.
B.
Any person who violates any of the provisions of this
article commits a summary offense and shall be subject to prosecution
by the municipality, and, upon conviction before a Magisterial District
Judge, shall be subject to a fine of not less than $300 nor more than
$1,000, plus costs of prosecution for each violation.
C.
Each day of a continuing violation shall be considered
a new and separate violation of this article and shall be subject
to a separate penalty.
D.
Any business which has been convicted on two previous
occasions for violations of this article, or which fails to comply
with any of the provisions of this article, or which violates the
conditions of its DEP permit relating to the handling, treatment or
disposition of septage materials, or of any state law or municipal
ordinance governing its operation, shall be barred from operating
within the municipality for a period of not less than six months nor
more than two years, as determined by the Board of Supervisors or
their authorized agent.
E.
In addition to any other actions to obtain compliance,
the municipality may assess civil penalties as described in the PA
Sewage Facilities Act.
