This article shall be known and may be cited as the "Potter
Township Ordinance Implementing Pennsylvania Sewage Facilities Act."[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The definitions as set forth in Section 2 of the Pennsylvania
Sewage Facilities Act, being the Act of January 24, 1966, P.L. 1535,
are incorporated herein by reference. In addition to the definitions
as set forth in the Act, the following words and phrases shall have
the meaning ascribed to them in this section unless the context clearly
indicates otherwise:
The Pennsylvania Sewage Facilities Act, the Act of January
24, 1966, P.L. 1535, as amended.[1]
Potter Township, Centre County, Pennsylvania.
Sewage Enforcement Officer.
The Township of Potter, Centre County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
A.
In accordance with Section 7 of the Act,[1] no person shall install an individual or community sewage
disposal system or construct any building in which an individual or
community sewage disposal system is to be installed within the Township,
without first obtaining a permit indicating that the site and the
plans and specifications of such system are in compliance with the
provisions of this article, the Act and the standards, rules and regulations
adopted by the Commonwealth of Pennsylvania, Department of Environmental
Protection, Pennsylvania Code, Title 25, Chapters 71 and 73, as amended.
No permit shall be required in those cases where a permit from the
Sanitary Water Board or the Secretary of the Department of Environmental
Protection has been obtained, or where the Department determines that
such permit is not necessary for the protection of the public health.
Notwithstanding the foregoing, all persons shall be required to comply
with the provisions of the Act and the rules and regulations in connection
with making application for and securing a proper permit for the installation
of any on-lot sewage disposal system as provided for under the Act,
or under the rules and regulations, regardless of the size of the
tract of land upon which said person desires to construct such system.
[1]
Editor's Note: See 35 P.S. § 750.7.
B.
Applications for a permit shall be in writing to the Secretary of
the Township, or authorized agent, and shall be made on a formal application
blank which shall be furnished by the Secretary or authorized agent
of the Township and each application shall include such data as shall
be prescribed by the technical standards adopted by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
D.
If a structure associated with an on-lot sewage disposal system is
unused for a period of one calendar year or longer, a permit must
be obtained from the Township's Sewage Enforcement Officer before
any structure associated with said system may be reoccupied.
E.
Upon receipt of a completed application, the Township Sewage Enforcement
Officer shall complete any necessary soil testing within 20 calendar
days. The following days shall not be counted in this twenty-day time-frame:
(1)
Days when the Township Sewage Enforcement Officer determines that
the air temperature is below 40° F.
(2)
Days when the Township Sewage Enforcement Officer makes a determination
that adverse or inclement weather will not allow proper testing to
occur.
(3)
Days when the Township Sewage Enforcement Officer determines that
saturated or frozen soil will adversely impact testing.
(4)
Weekends and official holidays recognized by the Township's
Sewage Enforcement Officer.
Review of applications and inspections of the site and the installation
itself shall be in accordance with the provisions of Section 7 of
the Act.[1] The Township Supervisors shall from time to time designate
and appoint the SEO or other inspector who shall carry out the inspections
in accordance with this article, with Section 7 of the Act and also
with the rules and regulations of the Commonwealth of Pennsylvania,
Department of Environmental Protection, which are incorporated herein.
[1]
Editor's Note: See 35 P.S. § 750.7.
This Township hereby incorporates and adopts as part of this
article, the Rules and Regulations of the Commonwealth of Pennsylvania,
Department of Environmental Protection, Pennsylvania Code, Title 25,
Chapters 71 and 73, as amended. All such rules, regulations, and standards
are incorporated in this article by reference. Copies of these regulations
may be obtained at www.dep.state.pa.us.
A.
Permit fees. The applicant shall pay a fee in an amount as established
from time to time by resolution of the Board of Supervisors and payable
to the Township which shall cover the ordinary administration of this
article, including inspection of the premises required for permit
issuance by the inspector.
B.
Additional inspections and tests. In the event the Township deems
it necessary to make additional inspections or to make additional
percolation tests or any other tests as required to be made by the
applicant under the Act and the regulations of the Department of Environmental
Protection, the applicant shall pay to the Township the actual cost
of such additional inspections or such percolation tests or other
tests made by the Township, which shall be paid to the Township prior
to the issuance of the permit.
A.
In addition to the standards presented in Chapter 73, as amended,
of the Department of Environmental Protection rules and regulations,
the following provisions shall apply in Potter Township. In the event
of a conflict between the provisions hereinafter presented and standards
within Chapter 73, the more stringent standard will apply, as determined
by the Sewage Enforcement Officer.
B.
Dual absorption areas. Individual on-lot sewage system permits will
be issued only if two acceptable absorption areas are identified on
the lot for which the permit is requested. Each area must be of sufficient
size to handle the entire effluent loading of the proposed and anticipated
use of the lot. Both areas must be staked out during residence construction
to assure their integrity. Destruction of one of the absorption areas
during construction will result in revocation of the building permit
unless a replacement area is found. Furthermore, all deeds must carry
a restrictive covenant assuring the alternate bed area is identified
and protected from subsequent construction activity.
(1)
Two acceptable absorption areas for each lot must be shown and evidenced
on all subdivision plans. This general rule is subject to the following
exception. The Board of Supervisors may grant a waiver of the requirements
for the subdivision of land for all or a portion of the subdivision
that is: offered for dedication; land owned in fee and designated
as public open space; public parkland; or land owned by a municipal
authority where no facilities are planned that would generate the
need for septic or sanitary sewer service. In any case where the waiver
is granted by the Board of Supervisors, a note shall be placed on
the plan stating as follows: "Any change in use that would generate
sewage shall require compliance with the testing and permitting requirements
of the Township's Sewer and Sewage Disposal Ordinance.
(2)
At the option of the lot owner, the dual absorption area requirement
may be met by installing all required piping in both absorption areas
at the same time. In those cases, valves shall be installed in the
effluent piping from the septic tank to control the flow so that only
one area is in use at a time.
(3)
Only one acceptable absorption area is required on lots which are
existing of record as of July 12, 1993.
In accordance with Section 12 of the Act,[2] the Township shall have the power to institute in the
Court of Common Pleas of Centre County, Pennsylvania, proceedings
to restrain any and all violations of Section 7 of the Act[3] and the provisions of this article. Such proceedings shall
be instituted in the name of the Township of Potter.
The Supervisors of Potter Township shall have the authority
to waive compliance with this article in those areas where a sanitary
sewer system will be in operation within 12 months of the enactment
of this article. However, during the time before the sanitary sewer
system is in operation, the property owner must have on the premises
a sanitary sewer system which meets the specifications of the Township
Sewage Enforcement Officer.
Any person failing to comply with any provisions of this article
shall be subject to a fine of not less than $500 and costs, and not
more than $5,000 and costs, or in default thereof shall be confined
in the county jail for a period of not more than 90 days. Each day
of noncompliance shall constitute a separate offense.