[Adopted 5-14-1979 by Ord. No. 5-14-79; amended in its entirety 8-10-1993 by Ord. No. 8-10-93 (Ch. 79, Art. IV, of the 1988 Code)]
Soil tests to determine the presence of any limiting zone and the capacity of the soil to permit the passage of water must be conducted by the Township in accordance with the provisions hereof prior to issuance of a sewage permit. A test pit for examination of the soil profile on each lot, regardless of whether or not such lot is part of a subdivision, must be provided to a depth of seven feet or to the top of the limiting zone, whichever is less, to determine conformance with § 73.11(c) and (d) of the Standards for Onlot Sewage Treatment Facilities issued by the Department of Environmental Protection pursuant to the Pennsylvania Sewage Facilities Act of 1966, as amended, 35 P.S. § 750.1 et seq.
Percolation tests conducted subsequent to the determination of any limiting zone must be performed by the Township in accordance with the provisions hereof on all lots, including those on which elevated sand mounds may be utilized, prior to issuance of a sewage permit.
Any applicant for a sewage permit shall pay to the Township, prior to the commencement of any test or work provided for herein, a fee per lot to be fixed by the Supervisors of the Township pursuant to a resolution adopted at a regularly scheduled meeting of the Township. Any request for a sewage permit shall be in writing by the applicant, and the fees shall be paid prior to the commencement of any soil test. The fees provided herein shall not be refundable or refunded by reason of the failure of any lot to meet the requirements of this article or the requirements of the Standards. There shall be no rebate of testing fees.
[Amended 2-14-1984 by Ord. No. 2-14-84]
Any test, inspection, verification or work to be conducted or performed by the Township shall be done by or under the supervision of the Township Sewage Enforcement Officer, or his duly authorized designated alternate.
For the purposes of determining compliance with the requirements of this article and the requirements of the Standards, the results of tests or inspections or verifications performed or conducted hereunder shall be deemed to be valid for two years from the date when performed or conducted.
The Township hereby adopts the absorption area requirements of the Standards.
Except insofar as the Standards provide less stringent requirements than those set forth in this article and except as the Standards provide no requirements on a matter covered by the provisions of this article, the Township hereby adopts and incorporates into this article, by reference, the Standards as issued and thereafter amended and as hereafter issued or amended.
It shall be unlawful for any person, firm, corporation, partnership or any other individual to cover or cause to be covered any test site, boring or excavation done pursuant to a probe and percolation test or to the obtaining of a sewage permit as provided for by the Pennsylvania Sewage Facilities Act, as amended, unless approval therefor has been given or inspection conducted by the appropriate individual or the Sewage Enforcement Officer of the Township.
Editor's Note: See 35 P.S. § 750.1 et seq.
In the event that the designated individual of the Township or the Sewage Enforcement Officer is unable to inspect the test site or excavation where the probe and percolation test was performed and where the excavation shall remain open for a period in excess of 24 hours, the owner or owners of the land on which said site shall be located shall cover or cause to be covered any and all excavations and test sites or borings with materials which may be removed by the Sewage Enforcement Officer upon inspection. The minimum standard for covering material shall be one-half-inch plywood of four-by-eight-foot standard dimensions which shall be secured in a manner so as to prohibit and prevent children or other unauthorized individuals from gaining access to the test site, boring or excavation.
It shall be unlawful for any person, individual, firm or corporation to allow any such test site or excavation to remain uncovered for a period in excess of 24 hours.
[Amended 11-7-1988 by Ord. No. 12-13-88B; 2-19-1997 by Ord. No. 2-19-97A]
Any person who violates any provisions of this article shall commit a criminal offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day of violation shall constitute a separate offense, which shall be subjection to prosecution as such. For purposes of this section, the Board of Supervisors of East Manchester Township hereby appoints the Township Manager, Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom may commence and pursue enforcement proceedings pursuant to this section.