[Adopted 9-29-2010 by Ord. No. 608]
From the effective date of this article, its provisions shall
apply to all properties utilizing on-lot sewer systems in Hatfield
Township. The provisions of this article shall apply to all persons,
and all other entities owning any property serviced by an on-lot sewage
system or a community on-lot sewage system.
As used in this article, the following words and terms shall
have the following definitions.
The Act of January 24, 1966, PL 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the Pennsylvania Sewage Facilities
Act.
The Board of Commissioners, Hatfield Township, Montgomery
County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
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 ground 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 Board 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 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.
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, or 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.[2]
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Board to effectively enforce
and administer this article.
A.
No person shall install, construct or alter an individual sewage
system or community sewage system or construct 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 Montgomery County Health Department ("MCHD") 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. § 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.
B.
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 the MCHD. If 72 hours have elapsed, excepting
Sundays and holidays, since the MCHD received notification of completion
of construction, the applicant may cover said system or structure
unless permission has been specifically refused by the MCHD.
C.
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 structure's
owner receives a permit for alteration or replacement of the existing
sewage disposal system or until the structure's owner receives written
notification from the MCHD that such a permit will not be required.
The MCHD shall determine whether the proposed alteration or conversion
of the structure will result in increased sewage flows.
A.
Any on-lot sewage system may be inspected by the Township at any
reasonable time as of the effective date of this article and the Township
shall have the right to enter upon land for the purposes of the inspections
described herein.
B.
Such inspections 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.
An initial inspection and subsequent periodic inspections of an on-lot
sewage system shall be conducted when an on-lot sewage system is pumped.
Inspections shall be conducted by a qualified pumper/hauler for the
purpose of determining the functional status of a sewage system. The
individual property or on-lot sewage system owner shall contact and
make arrangements directly with the qualified pumper/hauler for the
inspection of an on-lot sewage system. A copy of the report shall
be provided to the Township within 30 days of its completion.
D.
The Township may inspect any on-lot sewage system known to be, or
suspected to be malfunctioning. Should the Township's inspection reveal
that the on-lot sewage system is malfunctioning, the Township shall
notify the property owner of the corrective action that needs to be
taken or the Township may take action to require the correction of
the malfunction.
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 waste.
B.
Automobile oil and other nondomestic oil.
C.
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.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
A.
Upon adoption of this subsection, the Township shall provide written
notification to all owners of property served by an on-lot sewage
system that their system must be pumped within 90 days of receipt
of notification or provide notification to the Township that the on-lot
system had been pumped within the previous three years. Thereafter,
the Township shall follow a schedule whereby all of the owners of
properties within the Township served by an on-lot sewage system are
notified once every three years. The notified property owners must
have the sewage system pumped within the time specified in the Township's
letter, unless the owner(s) can provide the Township with a pumping
certification indicating that the on-lot sewage system was pumped
within one year prior to the date of the Township's notice letter.
[Amended 7-13-2011 by Ord. No. 627]
B.
Commencing from the date of the pumping as prescribed in § 224-38A, removal of septage or other solids from an on-lot sewage system shall be performed at least once every three years thereafter or whenever an inspection reveals solids or scum in excess of one-third liquid depth of the tank, or more frequently if recommended by the manufacturer of any of the component parts of the system. The property owner shall furnish a copy of the pumping certification to the Township within thirty (30) days of the date of the pumping.
[Amended 7-13-2011 by Ord. No. 627]
C.
The Township may allow an on-lot sewage system to be pumped out at
less frequent intervals when the owner can demonstrate that the sewage
system and/or uses thereof are unique and do not require pumping every
three years. In no case shall such period extend beyond six years.
The Township shall solely determine if an extension of time will be
granted and the length of the extension.
[Amended 7-13-2011 by Ord. No. 627]
D.
A sewage system shall be deemed to be pumped when all organic solids
are removed and the total average liquid depth remaining in the tank
is less than one inch.
E.
The Township may require additional maintenance activity as needed,
including, but not limited to, cleaning and unclogging of piping,
service of mechanical equipment, removal of obstructing roots or trees
and/or the diversion of surface water away from the absorption area.
F.
The required frequency of pumping may be increased at the discretion
of the Township, if:
(1)
An on-lot sewage system is found to be malfunctioning;
(2)
An on-lot sewage system is found to be undersized;
(3)
The treatment tanks are filled with solids in excess of 1/3 of the
liquid depth of the tank or with scum in excess of 1/3 of the liquid
depth of the tank;
(4)
The hydraulic load on the system increases significantly above original
permit or design average;
(5)
A garbage grinder is used in the building; or
(6)
Other good cause can be shown.
G.
Any person owning a structure served by a sewage system containing
an aerobic treatment tank shall follow the operation and maintenance
recommendations of the equipment manufacturer. In no case may the
service or pumping interval for aerobic treatment tanks exceed that
required for septic tanks. The owner shall provide an adequate supply
of electrical power with the proper phase, frequency, and voltage
as recommended by the equipment manufacturers of the various components
of the system.
[Amended 7-13-2011 by Ord. No. 627]
H.
Any person owning a structure served by a cesspool shall have that
system pumped according to the schedule prescribed for septic tanks.
I.
Holding tanks shall be pumped out at intervals that prevent the overflow,
leakage, backup, and other malfunction characteristic of an overload
system.
J.
The owner of a property upon which an on-lot sewage system is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance, and pumping; and shall divert
surface water and downspouts away from the absorption area and sewage
system components.
K.
Tanks shall only be pumped from or through the manhole/access port,
i.e., the largest tank opening. Tanks shall not be pumped from or
through the observation port.
Any on-lot sewage system or component thereof found to be malfunctioning
shall be repaired, modified or replaced to correct the conditions
causing the malfunction. Rehabilitation shall be performed in accordance
with 25 Pa. Code Chapter 73 (Standards for Sewage Disposal System)
and any other applicable rules and regulations of the Department.
The rehabilitated sewage system may be inspected to certify its compliance
with any applicable local and state standards.
When an imminent health hazard exists due to failure of a property
owner to maintain, repair, or replace an on-lot sewage system as provided
under the terms of this article, the Township shall have the right
to perform, or contract to have performed, the work required to abate
the health hazard, pollution, or nuisance. The property and/or system
owner shall be charged for the work performed, and, if necessary,
a lien shall be recorded against the property. The Township reserves
the right to pursue all other lawful remedies in addition to and not
exclusive of any abatement and lien process.
A.
The Township shall fully utilize those powers it possesses and that
have been delegated through enabling statues and ordinances to effect
the purposes of this article.
B.
The Township shall utilize qualified individuals to carry out the
provisions of this article.
C.
All permits, records, reports, files and other written material relating
to the installation, operation, maintenance, and malfunction of an
on-lot sewage system in the Township shall become the property of
the Township.
D.
The Township may establish all administrative procedures necessary
to properly carry out the provisions of this article.
E.
The Township may establish and adopt a fee schedule and subsequently
collect fees to cover the cost of administering the on-lot maintenance
program.
A.
Appeals from decisions made under this article shall be made to the
Township in writing within 15 days from the date of the decision in
question.
B.
The appellant shall be entitled to a hearing before the Hatfield
Township Board of Commissioners at its next regular scheduled meeting,
if the 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 Hatfield Township Board of Commissioners shall determine
whether to hear the appeal at the pending meeting or wait to hear
the appeal at the following meeting. The Township shall thereafter
affirm, modify, or reverse the aforesaid decision. The hearing may
be postponed for a good cause shown by the appellant or the Township.
Any person failing to comply with any provision of this article
shall be subject to a fine of $1,000. In default thereof, the Solicitor
is authorized to pursue the violations as a summary offense and any
person may be subject to imprisonment for a period of not more than
30 days. Each day of noncompliance shall a constitute a separate offense.
