[Adopted 9-5-1990 by Ord. No. 83]
This article shall be known and cited as the
"Community Sewage Disposal System Management Program of the Township
of Chadds Ford."
The purpose of this article is to provide for
the management, operation, maintenance, inspection and rehabilitation
of community sewage disposal systems, both on-lot and stream discharge;
establish penalties for compliance failure; and structure procedures
necessary for the proper administration of such a program.
The provisions within this article apply to
any person, partnership, corporation or other entity who or which
is the owner(s) or agent of the owner(s) of a community sewage disposal
system or otherwise engaged in the design, installation, operation
and maintenance of such community sewage disposal systems as are permitted
by the Township and the Department of Environmental Protection.
The owner(s) of the community sewage disposal
system shall be responsible for obtaining all required permits from
the Township, Authority, Department of Environmental Protection and
any other agencies requiring permits for the installation and operation
of such systems.
All community sewage disposal systems shall
be designed and constructed in accordance with the standards set forth
by the Township or Authority.
All privately owned community sewage disposal
systems subject to this article shall not be installed, constructed
or operated without the owners providing to the Authority the following:
A.
The identity of all owners and users of the community
sewage disposal system.
B.
A maintenance plan providing periodic maintenance
practices, reflecting compliance with such regulations as the Authority
may adopt and identifying the name and address of any contractor engaged
to operate and/or maintain the community sewage disposal system.
C.
A plan for the assessment of liability for operating,
maintenance and repair expenses among the owner(s) and/or users of
the system.
D.
Agreements that allocate among system owner(s) and/or
users the liability for expenses incurred by the Township, Authority
or their authorized agents if the system has been declared in violation
of municipal, state or federal statutes, ordinances, rules or regulations.
E.
An established fee schedule for all system users providing
for an assigned percentage of the users' monthly cost to be deposited
in a maintenance escrow account in accordance with the approved maintenance
plan.
F.
Absent other security acceptable to the Authority,
provision for a forfeiture bond or other equity equal to 50% of the
cost of the community sewage disposal system, to be held as security
until the maintenance escrow is equal to 50% of the original cost
of the community sewage disposal system.
G.
Evidence of liability insurance as may be required
by the Authority to protect against third party damage from the community
sewage disposal system.
Any maintenance escrow fund, forfeiture bond
or equity provided by the owner(s) of a community sewage disposal
system shall be maintained as security subject to the following conditions:
A.
The security may be claimed by the Authority or Township
where:
(1)
Ordered to do so by Pennsylvania Department of Environmental
Protection in accordance with the provisions of the Clean Streams
Law (35 P.S. §§ 60091.1 to 60091.1001[1]) or the Pennsylvania Sewage Facilities Act of January
24, 1986 (P.L. 1535 as amended, 35 P.S. § 750.1 et seq.);
[1]
Editor's Note: See now 35 P.S. § 691.1
et seq.
(2)
It is necessary for the Township or Authority to protect
the general welfare and public health of its citizens; or
(3)
The owner(s) of the system has been cited or convicted
of a violation(s) of Township, state or federal laws, ordinances,
rules or regulations relating to the operation of the community sewage
disposal system.
B.
A security required by this article shall be used
only for the direct or indirect expenses incurred by the Township
or Authority, or their authorized agents, for the operation, maintenance,
rehabilitation or repair of the collection and treatment components
of the system and associated fines, penalties or lawsuits in equity.
All community sewage disposal systems must be
recognized in the Township's official plan for sewage disposal as
part of its sewage management program and shall be subject to regular
inspection both during construction and operation by the Authority
or its authorized agent. Inspection of a community sewage disposal
system by the Authority may include:
A.
The periodic evaluation and examination of any component
of the sewage disposal system to determine its compliance with the
Township, Authority, county or state standards.
B.
The regular sampling of any sewage, treated effluent
soils, surface and/or groundwaters in the disposal and/or treatment
areas.
A.
The owner(s) of a private community sewage disposal
system shall either contract with a certified sewage treatment plant
operator for the operation and maintenance of its system or make other
provisions acceptable to the Authority.
B.
Copies of operation and maintenance contracts pertaining
to a private community sewage disposal system shall be provided to
the Authority.
C.
Reports pertaining to plant operations and testing
shall be provided to the Authority on at least a quarterly basis throughout
the year.
There shall be imposed on the owner(s) of a
privately owned community sewage disposal system such fees or other
charges as the Authority may from time to time direct by its regulations.
A.
Such charges may include permit fees, construction
inspection fees and annual administration and inspection fees.
B.
The right to establish charges and fees by a sewage
management fee resolution, to increase, decrease or reallocate said
charges and fees from time to time, to best implement the sewage management
program is reserved to the Authority.
[Amended 12-14-2009 by Ord. No. 122]
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 Magisterial
District Judge, pay a fine of not 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 Magisterial
District Judge. 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.
The provisions of this article shall be retroactive
and applied to all existing community sewage disposal systems and
their operative components.
