[Adopted 7-5-1989 by Ord. No. 37]
This article shall be known and may be cited
as the "Carroll Township On-Site Management and Maintenance Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
A component of an individual or community sewage system where
the liquid from a septic tank or other treatment tank seeps into the
soil; it consists of an aggregate-filled area containing piping for
the distribution of liquid into the soil or sand/soil combination
located beneath the aggregate.
A system employing the use of demonstrated technology in
a manner not specifically recognized by Chapter 73 of the DEP Rules
and Regulations.
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots and for the treatment or disposal of the sewage or
industrial waste on one or more of the lots or at any other site.
Any method of sewage disposal not described in Chapter 73
of the DEP Rules and Regulations which is proposed for the purpose
of testing and observation.
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 or by means of conveyance
to another site for final disposal.
Any nonsewage waste resulting from manufacturing, food processing,
mining activities, or industry. The term shall include all such substances
whether or not generally characterized as waste.
Any one or more of the following conditions:
Sewage flow is restricted in the sewage system
which in turn causes the backup of sewage into a building, structure,
or part thereof.
Sewage rises to the surface of the ground over
a septic tank or flows out of a septic tank vent.
Sewage rises to the surface of the ground over
the absorption area or downgrade from the absorption area at a bank
or road cut.
Untreated or partially treated sewage, liquid
kitchen or laundry wastes, or shower or bathtub washwater is discharged
to the surface of the ground or into the waters of the commonwealth.
Any alternate, experimental, community or individual on-site
system, including the treatment system and all appurtenances designed
to convey sewage to and from treatment.
Includes any individual, association, public or private,
profit or nonprofit, corporation, partnership, firm, trust, or estate.
The scum, grease, sludge, and liquid which accumulates in
and is periodically pumped from a septic tank.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place prior
to its discharge to an absorption area.
Waterborne fecal matter, urine, washwater, food preparation,
industrial, and commercial wastes.
The person or persons designated by the Township of Carroll
to review and approve permit applications and conduct inspections
pursuant to the provisions of Chapters 71 and 73 of the DEP Rules
and Regulations.
A valve, insert or other control device which is placed in
the water supply line to a shower head and restricts the flow rate
to three gallons per minute or less at a pressure of 60 pounds per
square inch.
[Amended 12-2-2003 by Ord. No. 51]
A water displacement object, bottle, retaining dam or other
device which is inserted into the toilet tank for the purpose of reducing
the amount of water used by approximately one gallon per flush.
Ways of reducing water usage such as repairing leaky faucets,
running dish and clothes washers at optimum capacities, reducing the
length of showers, and lessening the running of water for personal
hygiene use.
A flush toilet designed to use 3.5 gallons of water or less
per flush.
A shower head designed to discharge 2.5 gallons of water
per minute or less at a pressure of 60 pounds per square inch.
Any river, stream, impoundment, ditch, storm sewer, lake,
pond, spring, or other body or channel which conveys surface and/or
ground water or any of their constituents, whether natural or artificial,
within or on the boundaries of the Commonwealth of Pennsylvania.
A.
This article applies to all individual, community,
alternate and experimental on-site sewage systems located within the
Township of Carroll.
B.
This article shall not be interpreted in any way as
governing, constraining or limiting any actions that the Township
or SEO may take regarding any sewage system which is creating a nuisance
or causing pollution of the waters of the commonwealth.
A. 
Septic tanks, as shown in Fig. 1, shall be pumped
by a septic tank pump and haul contractor for the purpose of removing
the accumulated septate. Frequency of septic tank pumping should be
in approximate accordance with the information contained in Table
1 as supplied by the Pennsylvania State University, College of Agriculture,
University Park, Pennsylvania.
B.
Roof drains, basement drains, foundation drains, basement
sump pumps and other sources of rainwater or groundwater shall not
be discharged into any sewage system.
C.
The ground surface shall be graded so that stormwater
runoff does not pond or collect on the surface of the ground overlying
the absorption area.
D.
No industrial wastes shall be discharged into any
sewage system without first obtaining the required permits for such
actions from the Pennsylvania DEP.
E.
Solids that degrade slowly or do not settle well,
such as household greases, cigarettes, etc., shall not be discharged
into any sewage system.
F.
Garbage grinder by-products shall not be discharged
into sewage systems which experience a malfunction after the effective
date of this article unless the system was completely replaced by
a new system which fully meets the requirements of Chapter 73 of the
Pennsylvania DEP's Rules and Regulations.
G.
Gasoline, solvents, motor oils, other hydrocarbons,
paints, and all other chemicals which cannot be physically or biologically
treated in a particular on-site sewage system shall not be discharged
into one.
H.
Pipes, tanks, joints, baffles, distribution boxes
and all other parts of sewage systems shall be maintained in sound
working condition.
I.
Pumps, compressors, aerators, controls, and other
electrical or mechanical equipment contained within sewage systems
shall be maintained in working order.
J.
Water-saving shower heads, shower flow restrictors,
toilet tank dams, water saving toilets, and overall water conservation
habits shall be installed and observed respectfully in buildings that
are served by on-site sewage systems and which experience a malfunction
after the effective date of this article.
[Amended 12-2-2003 by Ord. No. 51]
K.
If an on-site a sewage system which has an undersized
septic tank or no septic tank experiences a malfunction after the
effective date of this article, the owner shall install a septic tank
which meets the requirements of Chapter 73 of the DEP's Rules and
Regulations.
L.
If an on-site sewage system which has an undersized
absorption area or no absorption area experiences a malfunction after
the effective date of this article, the owner shall install an absorption
area which meets the requirements of Chapter 73 of the DEP's Rules
and Regulations.
A.
The SEO or other official designated by the Board
of Supervisors shall investigate all complaints which allege a violation
of any provision of this article.
B.
If after investigation the SEO or other designated
official believes that there is a violation of any provision of this
article, he/she will request permission of the owner or person possessing
or occupying any building, structure, premises, lot or land for permission
to enter upon same for the purposes of making inspections and obtaining
any necessary soil or water samples or performing dye testing to determine
compliance with the provisions of this article.
C.
The SEO or other designated official may request an owner of any sewage system to provide copies of receipts or other evidence to substantiate when a septic tank was last pumped in order to determine compliance with § 108-4A.
D.
In the event that the property owner or person then
in charge of the building, structure, premises, lot or land refuses
the request of the SEO or other designated official to enter upon
same for the purpose of making inspections and for necessary testing,
the SEO or other designated officials shall make application with
a District Justice or other appropriate official for a search warrant
to enter upon said building, structure, premises, lot or land for
the purpose of making the requisite inspection and taking the necessary
soil or water samples or for performing dye testing to determine compliance
with the provisions of this article, and upon receipt of said search
warrant shall promptly execute same.
(1)
The execution of any search warrant issued aforesaid
shall not begin earlier than 8:00 o'clock a.m. prevailing time nor
later than 5:00 o'clock p.m. prevailing time.
(2)
The provisions of this section requiring the obtaining
of a search warrant may only be waived in the event of an emergency
situation which in the belief of the SEO or other appropriate official
is causing an immediate and substantial and deleterious effect upon
public health and welfare.
E.
Whenever the SEO finds any condition or practice which
is inconsistent with the provisions of this article or the DEP's Rules
and Regulations, he/she will issue a written order to the responsible
party stating that the condition or practice found is inconsistent
with this article and directing that the condition or practice be
abated, or ceased within such time specified in the order.
F.
After the expiration of the time period specified
in any written order, the SEO shall determine whether the order has
been complied with and notify the responsible party in writing if
the order has not been followed.
G.
In the event of noncompliance with any order, the
SEO may issue a subsequent order stating again that the condition
or practice found is inconsistent with this article or the DEP's Rules
and Regulations and directing that the condition or practice be abated,
corrected, or ceased within such time specified in the order.
A.
Except as indicated in Subsection B below, any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B.
If enforcement of this article is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
any person who violates or permits a violation of this article, shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $100 nor more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
