[Adopted 5-16-2007 by Ord. No. 4-2007[1]]
[1]
Editor's Note: This ordinance superseded former
Art. I, Construction of Individual Sewage Disposal Facilities, adopted
1-22-1968 by Ord. No. 14, as amended.
A.ย
This article shall be known any may be cited as "An
ordinance providing for a Sewage Management Program for the Borough
of Harveys Lake, Luzerne County, PA."
B.ย
In accordance with municipal codes, the Clean Streams
Law (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S.
ยงยงย 691.1 to 691.1001), and the Pennsylvania Sewage
Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35
P.S. ยงย 7.50.1 et seq., known as "Act 537"), it is the power
and the duty of the Borough of Harveys Lake 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 the Borough of Harveys Lake
indicates 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 treatment and
disposal of sewage.
C.ย
The purpose of this article is to provide for the
regulation, inspection, maintenance and rehabilitation of on-lot sewage
disposal systems, to further permit intervention in situations which
may constitute a public nuisance or hazard to the public health, and
to establish penalties and appeal procedures necessary for the proper
administration of a sewage management program.
A.ย
AUTHORIZED AGENT
BOROUGH
COMMUNITY SEWAGE SYSTEM
COUNCIL
DEP
DEPARTMENT
HOLDING TANK
INDIVIDUAL SEPTIC SYSTEM
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER
PERSON
QUALIFIED PUMPER/HAULER
REHABILITATION
SEWAGE
SEWAGE ENFORCEMENT OFFICE (SEO)
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
As used in this article, the following terms shall
have the meanings indicated:
A sewage enforcement officer, employee of the Borough, professional
engineer, plumbing inspector, or any other qualified or licensed person
who is authorized to function within specified limits as an agent
of Harveys Lake Borough to administer or enforce the provisions of
this article.
The Borough of Harveys Lake, Luzerne County, Pennsylvania.
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 Council of the Borough of Harveys Lake, Luzerne County,
Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
Any watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. Holding tanks include but are not limited
to the following:
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 this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, into surface waters of this commonwealth, backs
up into a building connected to the system or in any manner causes
a nuisance or hazard to the public health or pollution of groundwater
or surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Council and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.[1]
Any system for disposal of domestic sewage involving pretreatment
and subsequent disposal of the clarified sewage into a subsurface
soil absorption area or retaining tank; this term includes both individual
sewage systems and community sewage systems.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough of Harveys Lake.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau of agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, public or private corporation for profit or not
for profit.
Those qualified to remove and dispose of sewage under the
requirements of the Solid Waste Management Act (Act 97 of 1980, 35
P.S. ยงย 6018.101 et seq.) and all other applicable laws and
at sites or facilities approved by DEP.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
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 substances being harmful or inimical
to the public health, 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), known
as the "Clean Streams Law," as amended.
A person certified by DEP and who is employed by the Borough
of Harveys Lake. Such person is authorized to conduct investigations
and inspections, review permit applications, issue or deny permits
and do all other activities as may be provided for such person in
the Sewage Facilities Act,[2] the rules and regulations promulgated thereunder and this
or any other ordinance adopted by the Borough.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law,[3] the regulations promulgated thereunder and such other
requirements adopted by the Council to effectively enforce and administer
this article.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
From the effective date of this article, its
provisions shall apply in any portion of the Borough of Harveys Lake.
Within such area or areas, the provisions of this article shall apply
to all persons owning any property serviced by an on-lot sewage disposal
system and to all persons installing or rehabilitating on-lot sewage
disposal systems.
A.ย
All persons proposing to install or repair an on-lot
sewage disposal system on any lot within the Borough, including those
persons proposing to install such a system on a lot 10 acres or larger
and who are otherwise qualified for a permit exemption in accordance
with the provisions of Section 7(a)(1) of the Act,[1] shall apply to the Borough for a permit for the installation
of such system. No person shall install, construct or request bid
proposals for construction, or alter an individual sewage system or
community sewage system, or construct or request bid proposals for
construction or install or occupy any building or structure for which
an individual sewage system or community sewage system is to be installed
without first obtaining a permit from the sewage enforcement officer,
which permit shall indicate that the site and the plans and specifications
of such system are in compliance with the provisions of the Clean
Streams Law (35 P.S. ยงยงย 691.1 to 691.1001) and the
Pennsylvania Sewage Facilities Act (35 P.S. 750.1 et seq.) and the
regulations adopted pursuant to those acts.
[1]
Editor's Note: See 35 P.S. ยงย 750.7(a)(1).
B.ย
No system or structure designed to provide individual
or community sewage disposal shall be covered from view until approval
to cover the same has been given by a sewage enforcement officer.
If 72 hours have elapsed, excepting Sundays and holidays, since the
sewage enforcement office issuing the permit received notification
of completion of construction, the applicant may cover said system
or structure unless permission has been specifically refused by the
sewage enforcement officer.
C.ย
Applicants for sewage permits are required to notify
the sewage enforcement officer of the schedule for construction of
the permitted on-lot sewage disposal system so that inspection(s)
in addition to the final inspection required by the Sewage Facilities
Act may be scheduled and performed by a sewage enforcement officer.
D.ย
No building or occupancy permit shall be issued for
a new building which will contain sewage-generating facilities until
a valid sewage permit has been obtained from a sewage enforcement
officer.
E.ย
No building or occupancy permit shall be issued and
no work shall begin on any alteration or conversion of any existing
structure, if said alteration or conversion will result in the increase
or potential increase in sewage flows from the structure, until either
the owner of the structure receives a permit for alteration or replacement
of the existing sewage disposal system or until the owner of the structure
and the appropriate officials of the Borough receive written notification
from the sewage enforcement officer that such a permit will not be
required. The sewage enforcement officer shall determine whether the
proposed alteration or conversion of the structure will result in
increased sewage flows.
F.ย
No sewage permit shall be issued for the installation
of any on-lot septic system to be installed on a lot smaller than
one acre in size.
G.ย
All system components, including absorption areas,
must be located on the same lot, tract, or parcel as the structure
they will serve. Systems or components cannot be located on a separately
deeded parcel, regardless of the parcel's ownership, or through means
of an easement, right-of-way, or other instrument.
H.ย
The use of a Terralift machine or conducting a Terralift
procedure is hereby deemed to constitute the alteration of an on-lot
sewage disposal system, and either or both activities may only be
taken pursuant to a permit issued by the SEO. The permit shall validate
the absence of a malfunction and conformity of the site with DEP requirements
for Terralift procedures.
I.ย
Sewage permits may be issued only by a sewage enforcement
officer employed by the Borough. DEP shall be notified as to the identity
of each sewage enforcement officer employed by the Borough.
A.ย
Any on-lot sewage disposal system may be inspected
by an authorized agent at any reasonable time as of the effective
date of this article.
B.ย
Such inspection may include a physical tour of the
property, the taking of samples from surface water, wells, other groundwater
sources, the sampling of the contents of the sewage disposal 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.
C.ย
An authorized agent shall have the right to enter
upon land for the purposes of inspections described in this section.
D.ย
An initial inspection shall be conducted by an authorized
agent within one year of the effective date of this article for the
purpose of determining the type and functional status of each sewage
disposal system in the sewage management district. A written report
shall be furnished to the owner of each property inspected, and a
copy of said report shall be maintained in the Borough records.
E.ย
A schedule of routine inspections shall be established
to assure the proper functioning of the sewage systems in Harveys
Lake Borough.
F.ย
An authorized agent shall inspect systems known to
be, or alleged to be, malfunctioning. Should said inspections reveal
that the system is indeed malfunctioning, the authorized agent shall
order action to be taken to correct the malfunction. If total correction
cannot be done in accordance with the regulations of DEP, including,
but not limited to, those outlined in Chapter 73 of Title 25 of Pennsylvania
Code, or is not technically or financially feasible in the opinion
of the authorized agent and a representative of DEP, then action by
the property owner to mitigate the malfunction shall be required.
G.ย
If there arises a geographic area where numerous on-lot
sewage disposal systems are malfunctioning, a resolution of these
areawide problems may necessitate detailed planning and a revision
to the portion of the Sewage Facilities Plan pertaining to areas affected
by such malfunctions. If a DEP-authorized Official Sewage Facilities
Plan revision has been undertaken, repair or replacement of individual
malfunctioning sewage disposal systems within the area affected by
the revision may be delayed, pending the outcome of the plan revision
process. However, immediate corrective action will be compelled whenever
a malfunction, as determined by Borough officials and/or DEP, represents
a serious public health or environmental threat.
Only normal domestic wastes shall be discharged
into any on-lot sewage disposal system. The following shall not be
discharged into the system:
A.ย
Industrial waste.
B.ย
Automobile oil and other nondomestic oil.
C.ย
Toxic or hazardous substances or chemicals, including,
but not limited to, pesticides, disinfectants (excluding household
cleaners), acids, paints, paint thinners, herbicides, gasoline and
other solvents.
D.ย
Clean surface water or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and french
drains.
A.ย
Each person owning a building served by an on-lot
sewage disposal system which contains a septic tank shall have the
septic tank pumped by a qualified pumper/hauler within six months
of the effective date of this article. Thereafter that person shall
have the tank pumped at least once every three years or whenever an
inspection reveals that the septic tank is filled with solids or with
scum in excess of 1/3 of the liquid depth of the tank. Receipts from
the pumper/hauler shall be submitted to the Borough within the prescribed
six-month and three-year pumping periods.
B.ย
The required pumping frequency may be increased at
the discretion of an authorized agent if the septic tank is undersized,
if solids buildup in the tank is above average, if the hydraulic load
on the system increases significantly above average, if a garbage
grinder is used in the building, if the system malfunctions or for
other good cause shown. If any person can prove that such person's
septic tank had been pumped within three years of the six-month anniversary
of the effective date of this article, then that person's initial
required pumping may be delayed to conform to the general three-year
frequency requirement, except where an inspection reveals a need for
more frequent pumping frequencies.
C.ย
Any person owning a property served by a septic tank
shall submit, with each required pumping receipt, a written statement,
from the pumper/hauler or from any other qualified individual acceptable
to the Borough of Harveys Lake, that the baffles in the septic tank
have been inspected and found to be in good working order. Any person
whose septic tank baffles are determined to require repair or replacement
shall first contact a sewage enforcement officer for approval of the
necessary repair.
D.ย
Any person owning a building served by an on-lot sewage
disposal system which 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 Borough within six months of the
effective date of this article. Thereafter, service receipts shall
be submitted to the Borough at the intervals specified by the manufacturer's
recommendations. In no case may the service or pumping intervals for
aerobic treatment tanks exceed those required for septic tanks.
E.ย
Additional maintenance activity may be required as
needed, including, but not necessarily limited to, the cleaning and
unclogging of piping, servicing and the repair of mechanical equipment,
leveling of distribution boxes, tanks and lines, removal of obstructing
roots or trees, the diversion of surface water away from the disposal
area, etc.
A.ย
No person shall operate or maintain an on-lot sewage
disposal system in such a manner that it malfunctions. All liquid
wastes, including kitchen and laundry wastes and water softener backwash,
shall be discharged to a treatment tank. No sewage system shall discharge
untreated or partially treated sewage to the surface of the ground
or into the waters of the commonwealth unless a permit for such discharge
has been obtained from DEP.
B.ย
A written notice of violation shall be issued to any
person who is the owner of any property which is found to be served
by a malfunctioning on-lot sewage disposal system or which is discharging
sewage without a permit.
C.ย
Within seven days of notification by the Borough that
a malfunction has been identified, the property owner shall make application
to the sewage enforcement officer for a permit to repair or replace
the malfunctioning system. Within 30 days of initial notification
by the Borough, construction of the permitted repair or replacement
shall commence. Within 60 days of the original notification by the
Borough, the construction shall be completed unless seasonal or unique
conditions mandate a longer period, in which case the Borough shall
set an extended completion date.
D.ย
A sewage enforcement officer shall have the authority
to require the repair of any malfunction by the following methods:
cleaning, repair or replacement of components of the existing system,
adding capacity or otherwise altering or replacing the system's treatment
tank, expanding the existing disposal areas, replacing the existing
disposal area, replacing a gravity distribution system with a pressurized
system, replacing the system with a holding tank, or any other alternative
appropriate for the specific site.
E.ย
In lieu of, or in combination with, the remedies described in Subsection D above, a sewage enforcement officer 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, or they may be required to be replaced by water-conserving devices.
F.ย
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install a new system of a different type or to DEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G.ย
Should none of the remedies described in this section
be totally effective in eliminating the malfunction of an existing
on-lot sewage disposal system, the property owner is not absolved
of responsibility for that malfunction. The Borough may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
necessary, including ordering the property owner to connect to the
public sewer system, if it is available.
A.ย
All applications for on-lot systems which propose
to use an individual residential spray irrigation system as the treatment
method shall be accompanied by one of the following:
(1)ย
A maintenance agreement between the landowner and
an individual, firm, or corporation experienced in the operation and
maintenance of sewage treatment systems.
(2)ย
A maintenance agreement between the landowner and
an association, trust, or other private entity which is structured
to and which accepts the responsibility for proper operation and maintenance
of the individual residential spray irrigation system.
B.ย
Applications for individual residential spray irrigation
systems shall be accompanied by a financial guarantee of a type and
character acceptable to Harveys Lake Borough.
C.ย
The financial guarantee shall assure that the Borough
has access to sufficient funds to operate, maintain, repair or replace
any component of the individual residential spray irrigation system
in the event that the owner:
(1)ย
Fails to maintain the system or any of the system's
components according to the manufacturer's specifications; or
(2)ย
Fails to service, clean, inspect, and/or pump the
treatment tank(s) according to the other applicable standards of this
article; or
(3)ย
Fails to conduct testing and monitoring at least annually,
or more frequently if required by DEP regulation, and report the results
of any laboratory analysis to the Borough; or
D.ย
From the date the permit application is submitted
to the SEO or Borough, and continuing for a period ending two years
after the date the system's installation is approved by the SEO, the
financial assurance shall be in an amount not less than 50% of the
contract price for the installation of the individual residential
spray irrigation system and all piping, tankage, and other related
components.
E.ย
Beginning two years after the date the system's installation
is approved by the SEO, and continuing for the system's design life,
the financial assurance shall be reduced to an amount not less than
10% of the actual construction cost for the installation of the individual
residential spray irrigation system and all piping, tankage, and other
related systems.
F.ย
The financial guarantee shall be forfeited by the
landowner and the Borough shall apply the funds to the repair, operation,
or maintenance of the system when:
(1)ย
The system is not maintained according to the standards
of this article, applicable DEP regulations, or the manufacturer's
specifications; or
(2)ย
The treatment tank(s) are not serviced, cleaned, inspected
and/or pumped according to the applicable standards of this article;
or
(3)ย
The testing and monitoring are not conducted according
to the standards of this article, applicable DEP regulations, or the
manufacturer's specifications; or
A.ย
A replacement area shall be required for all proposed
lots which are intended to be serviced by a soil absorption system,
except an IRSIS.
B.ย
A replacement area shall be required for all unimproved
lots existing prior to the effective date of this article which are
intended to be serviced by a soil absorption system but for which
a permit to install an on-lot system has not been issued.
C.ย
Allowance of open land for the replacement area, without
performance of appropriate soil testing to verify suitability of the
land for a replacement area, shall not constitute compliance with
the requirements of this section.
D.ย
The location of the primary and replacement areas
shall be delineated and identified as an absorption area easement
on the plot plans, maps, and diagrams submitted as part of the permit
application and subdivision or land development plan.
E.ย
The description, including metes and bounds, of every
absorption area easement shall be recorded as part of the deed for
each lot created as part of a subdivision or land development and
shall contain language reflecting the following:
(1)ย
No improvements, whether permanent or temporary, shall
be constructed upon or within the absorption area easement.
(2)ย
No permanent or temporary alterations, grading, excavation,
or stockpiling of any soil or other material shall take place in or
on the absorption area easement.
(3)ย
During any construction or other activities, the absorption
area easement shall be so marked to prevent equipment with greater
wheel loading than a common garden tractor/riding mower from traveling
over or operating on the absorption area easement.
(4)ย
Final cover or improvement to every absorption area
easement area shall be limited to shallow-rooted plant matter.
F.ย
A landowner wishing to alter the use of the absorption
area easement must first document, through a site evaluation by the
SEO, that an additional area suitable for the installation of an on-lot
system exists, and upon such finding shall:
A.ย
Retention tanks, privies, chemical toilets, and related
on-lot sewage disposal systems are individual sewage systems and require
permits. Because such systems do not provide for final on-lot treatment
and disposal of the sewage and require regular service and maintenance
to prevent their malfunction and overflow, they shall only be used
where the DEP finds and gives written notice to the Borough that the
applicable provisions of the Pennsylvania Sewage Facilities Act[1] with respect to the conditions of use and restrictions
on use have been met.
[1]
Editor's Note: See 35 P.S. ยงย 750.1
et seq.
B.ย
Under no circumstances shall holding tanks be used,
either temporarily or permanently, to meet the sewage needs of new
construction, including, but not limited to, use of holding tanks
in areas scheduled to be served by public sewer at some time in the
future.
C.ย
Holding tanks shall not be used to meet the sewage
needs of newly constructed seasonal housing.
D.ย
Holding tanks, with DEP approval, may be used to alleviate
the problems caused by malfunctioning systems serving seasonal homes
in existence at the time this article is passed, but only if all other
possibilities of repairing the existing system have failed or are
judged by the SEO to be impractical.
E.ย
Retention tanks.
(1)ย
A retention tank shall be large enough to hold at
least three days' sewage waste or 1,000 gallons, whichever is greater.
(2)ย
A retention tank shall be constructed of durable material
and shall be watertight.
(3)ย
All retention tanks shall be equipped with a warning
device to indicate when the tank is within 75% of capacity. Such device
shall include both an audible and a visual signal at a location frequented
by the homeowner or responsible individual.
F.ย
Privies.
(1)ย
The location of a privy shall be such as to minimize
the danger of contamination to water supplies. Under ordinary conditions,
the privy shall be at least 50 feet away from and down-gradient from
any water sources. The site shall be accessible to the user and approximately
50 feet from any building served, and consideration shall be given
to the prevailing wind direction, if possible, to reduce odor nuisances.
(2)ย
The privy shall be constructed of substantial materials
using a concrete vault large enough to contain several years of sewage
and be provided with a cleanout to assure easy access.
(a)ย
The pit shall be provided with a screened vent,
and the seat covers and door shall be made self-closing to prevent
the entrance of flies. The privy structure shall be flyproof, well-ventilated,
and securely attached to the floor.
(b)ย
An earth mound shall be placed around the privy
or a surface water diversion ditch shall be placed around the privy
to prevent flooding of the vault.
(c)ย
The seat and cover shall be smooth and easily
cleanable.
(d)ย
The door shall be provided with weather stripping
for the purpose of insectproofing.
G.ย
Chemical toilets and related on-lot sewage disposal
systems shall meet the design specifications of the manufacturer,
provided that such specifications allow for a safe and sanitary operation
and preclude any potential pollution or health hazards.
H.ย
The collection and transportation of all sewage from
any holding tank shall be done solely by a qualified pumper/hauler,
and the disposal thereof shall be made only at a site approved by
the DEP. Receipts for pumping shall be delivered to the Borough.
I.ย
The property owner on whose land a holding tank exists
shall maintain the holding tank in conformance with this or any other
ordinance of the Borough, any provisions of applicable law, and the
rules and regulations of the DEP.
A.ย
Existing on-site septic systems may be used to serve
the sewage needs of newly constructed homes if the following conditions
are all met:
(1)ย
The existing septic system served an occupied home
within the year preceding commencement of construction on the new
home.
(2)ย
The occupied home was removed or made uninhabitable
and disconnected from the existing septic system.
(3)ย
The newly constructed home will not generate a flow
of sewage greater than the old home generated.
(4)ย
The existing septic system has no known history of
failure and, upon inspection by the SEO, shows no visible signs of
failure, either past or present.
(5)ย
The existing septic system is not a cesspool and can
be shown not to be a cesspool.
(6)ย
The use of the existing septic system does not violate
any other laws, ordinances, or regulations.
B.ย
Existing on-site septic systems may be used to serve the sewage needs of newly constructed housing without complying with Subsection A of this section if the property owner can prove that the septic system meets the current standards set by the DEP for newly constructed septic systems.
D.ย
Nothing in this article shall be construed to relieve
the property owner of the responsibility to maintain an on-site septic
system in working order.
The Borough, upon written notice from a sewage
enforcement officer that an imminent health hazard exists due to failure
of property owner to maintain, repair or replace an on-lot sewage
disposal 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 sewage enforcement officer. The owner shall be
charged for the work performed, and if necessary, a lien shall be
entered therefor in accordance with law.
A.ย
All sewage originating within the sewage management
district shall be disposed of in accordance with the requirements
of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. ยงย 6018.101
et seq.) and all other applicable laws and at sites or facilities
approved by DEP. Approved sites or facilities shall include the following:
sewage treatment facilities, wastewater treatment plants, composting
sites, and approved farmlands.
B.ย
Pumpers/haulers of sewage operating within the Borough
of Harveys Lake shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.S. ยงยงย 6018.101 to 6018.1003) and all other applicable
laws.
A.ย
The Borough shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.ย
The Borough shall employ qualified individuals to
carry out the provisions of this article. Those employees shall include
a sewage enforcement officer and may include an administrator and
such other persons as may be necessary. The Borough may also contract
with private qualified persons or firms as necessary to carry out
the provisions of this article.
C.ย
All permits, records, reports, files and other written
materials relating to the installation, operation and maintenance
and malfunction of on-lot sewage disposal systems in the Borough shall
become the property of, and be maintained by, the Borough. Existing
and future records shall be available for public inspection during
regular business hours at the official office of the Borough. All
records pertaining to sewage permits, building permits, occupancy
permits and all other aspects of the sewage management program shall
be made available, upon request, for inspection by representatives
of DEP.
D.ย
The Borough Council shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
E.ย
The Borough Council will establish a fee schedule,
and authorize the collection of fees, to cover the cost to the Borough
of administering this program.
A.ย
Appeals from final decisions of the Borough or any
of its authorized agents under this article shall be made to the Borough
Council in writing within 30 days from the date of written notification
of the decision in question.
B.ย
The appellant shall be entitled to a hearing before
the Borough Council at its next regularly scheduled meeting, if a
written appeal is received at least 14 days prior to that meeting.
If the appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the following regularly scheduled
meeting. The municipality shall thereafter affirm, modify, or reverse
the aforesaid decision. The hearing may be postponed for a good cause
shown by the appellant or the Borough. Additional evidence may be
introduced at the hearing, provided that it is submitted with the
written notice of appeal.
C.ย
A decision shall be rendered in writing within 30
days of the date of the hearing.
Any person failing to comply with any provision
of this article shall be subject to a fine of not less than $500 and
costs and not more than $5,000 and costs or in default thereof shall
be confined in the county jail for a period of not more than 90 days.
Each day of noncompliance shall constitute a separate offense.