[Adopted 2-3-2009 by Ord. No. 323]
Chartiers Township affirms the delegation to the Washington
County Sewage Council to administer the requirements of Act 537 and
Chartiers Township's ordinances governing all aspects of on-lot sewage
collection, treatment and discharge.
As used in this article, the following terms shall have the
meanings indicated:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
Any on-lot sewage system so designated as an alternate type
by the Pennsylvania Department of Environmental Protection.
A certified sewage enforcement officer, professional engineer,
plumbing inspector, municipal secretary, or any other qualified or
licensed person who is delegated by Chartiers Township to function
within the specified limits as the agent of Chartiers Township to
carry out the provisions of this article as adopted by Chartiers Township.
The Board of Supervisors of Chartiers Township, Washington
County, Pennsylvania.
An individual employed by Chartiers Township to administer
and enforce ordinances in Chartiers Township.
Any system, whether publicly or privately owned, for 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 Pennsylvania Department of Environmental Protection.
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 of Pennsylvania.
The condition which occurs when an on-lot sewage disposal
system discharges into groundwaters of the commonwealth, into surface
waters of the commonwealth, backs up into the building connected to
the system, or otherwise causes a nuisance hazard to the public health
or pollution of groundwater or surface water or contamination of public
or private drinking wells. Systems shall be considered malfunctioning
if any of the conditions noted above occur for any length of time
during any period of the year.
Any time a municipality's certified sewage enforcement officer
determines a parcel or lot as having marginal soils after properly
testing said parcel or lot.
Chartiers Township, Washington County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by Chartiers Township and approved by the
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act.[1]
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems, including, but not limited to, drip
irrigation systems, AB out systems, small stream discharge systems,
community on-lot systems and any other currently DEP-approved and
sewage disposal systems which may be approved by DEP in the future,
it being the intent of this article to address all such systems.
Any individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or 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 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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A portion of a lot or a developed property, sized to allow
installation of a subsurface sewer disposal area, which is reserved
to allow that installation in the event of the malfunction of the
originally installed on-lot sewer 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 or to animal or 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.
The designated official of Chartiers Township who issues
and reviews permit applications and conducts such investigations and
inspections as are necessary to implement Act 537 and the rules and
regulations promulgated thereunder which includes the WCSC/Council.
Any area or areas of Chartiers Township for which a sewage
management program is recommended by Chartiers Township's adopted
Act 537 Official Sewage Facilities Plan. A sewage management district
may, or may not, encompass the entire municipality.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by Chartiers Township to effectively enforce
and administer this article.
The Washington County Sewage Council, an intergovernmental
cooperative organization which provides certain services to member
municipalities.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
From the effective date of this article, its provisions shall
apply to the portions of Chartiers Township identified in Chartiers
Township's Act 537 Official Sewage Facilities Plan as a sewage management
district. Within such areas, the provisions of this article shall
apply to all persons owning any property serviced by a new on-lot
sewage disposal system and to all persons installing or rehabilitating
or repairing on-lot sewage systems with new alternate-type systems.
If necessary, an entire municipality may be identified as a sewage
management district.
A.
Any supplements or revisions to Chartiers Township's Official Sewage
Facilities Plan which are prepared pursuant to the applicable regulations
of the Pennsylvania Department of Environmental Protection for a subdivision
or development of land within an identified sewage management district
shall provide for the testing, identification, and reservation of
an area of each lot or developed property suitable for the installation
of a replacement on-lot sewage disposal system. This requirement is
in addition to the testing, identification and reservation of an area
for the primary sewage disposal system.
B.
No permit shall be issued for any proposed on-lot sewage system on
any newly created or subdivided property in any sewage management
district that has any lots designated as marginal soils unless and
until a replacement area is approved, identified and reserved for
the lots with the marginal soils designation. The replacement area
must be identified on the land survey at the time of subdivision approval.
This section applies only when Chartiers Township revises its
Official Sewage Facilities Plan and is only applicable to the area
or areas affected by such revision.
A.
Any on-lot sewage disposal system may be inspected by Chartiers Township's
authorized agent at any reasonable time after the effective date of
this article.
B.
The inspection may include a physical tour of the property, the taking
of any 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.
Chartiers Township's authorized agent shall have the right to enter
upon land for the purposes of inspection described above.
D.
An initial inspection shall be conducted by Chartiers Township's
authorized agent within one year of the effective date of this article
for the purpose of determining the type and functional status of each
on-lot sewage disposal system in the sewage management district. A
written report shall be furnished to the owner of each property inspected
as evidence of said inspection, and a copy of said report shall be
maintained in Chartiers Township records.
E.
A schedule of routine inspections may be established by Chartiers
Township, if necessary, to assure the proper function of the on-lot
sewage disposal systems in the sewage management district.
F.
Chartiers Township and its authorized agents shall inspect systems
known to be, or alleged to be, malfunctioning. Should said inspections
reveal that the system is indeed malfunctioning, Chartiers Township
and its authorized agent shall take action to require the correction
of the malfunction. If total correction is not technically or financially
feasible in the opinion of the authorized agent and a representative
of the Pennsylvania Department of Environmental Protection, then action
by the property owner to mitigate the malfunction shall be required.
G.
There may arise geographic areas within Chartiers Township where
numerous on-lot sewage disposal systems are malfunctioning. A resolution
of these areawide problems may necessitate detailed planning and a
Chartiers Township sponsored revision to the area's Act 537 Official
Sewage Facilities Plan. When a Pennsylvania Department of Environmental
Protection authorized Official Sewage Facilities Plan Revision has
been undertaken by Chartiers Township, mandatory repair or replacement
of individual sewage disposal systems within the study area may be
delayed, at the discretion of Chartiers Township, pending the outcome
of the plan revision process. However, Chartiers Township may compel
immediate corrective action whenever a malfunction, as determined
by Chartiers Township officials and the Pennsylvania Department of
Environmental Protection, 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.
Industrial wastes;
B.
Automobile oil and other nondomestic oil;
C.
Toxic or hazardous substances or chemicals, including, but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents; or
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
A.
The provisions of this article are not applicable to conventional
leach field and sand mound sewage systems.
B.
The provisions of this article are applicable to all new alternate
systems currently listed in the DEP Alternate Systems Guidance Manual
as well as other alternate on-lot systems subsequently approved by
the Pennsylvania Department of Environmental Protection.
C.
The provisions of this article are applicable to community on-lot
sewage disposal systems, small stream discharge systems and holding
tanks.
D.
The provisions of this article are applicable to on-lot sewage disposal
systems located in subdivisions with marginal conditions for long-term
use of on-lot sewage disposal.
E.
Chartiers Township specifically delegates to the WSCS the enforcement
of the provisions of this article, any other Chartiers Township and
DEP requirements, rules, regulations and provisions regarding municipal
governance and enforcement of on-lot sewage systems, except as to
malfunction of any such systems, which shall be addressed by Chartiers
Township.
F.
Chartiers Township and WCSC shall jointly prepare and approve, by
resolution, rules, regulations and requirements for on-lot septic
systems applicable to this article, including permitting approval
and maintenance of said systems.
A.
Any person failing to comply with any provisions of this article
shall be subject to a fine of not less than $300 and costs and not
more than $500 and costs or, in default thereof, shall be confined
in the Washington County Correctional Facility for a period of not
more than 30 days. Each day of noncompliance shall constitute a separate
offense.
B.
The penalty for actual malfunctions of any on-lot sewage septic system
will come under the rules and regulations of the 25 Pa. Code § 73.11(c)
and the Pennsylvania Consolidated Statutes (Health & Safety) 35
P.S. § 750.14, Nuisances, and 35 P.S. § 750.13,
Penalties.
