[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
Introduction.
(1)
Municipalities have an obligation to provide for adequate sewage
treatment facilities and protection of the public health by preventing
the discharge of untreated or inadequately treated sewage as mandated
by municipal codes, the Clean Streams Law, as amended (35 P.S. § 691.1),
and the Pennsylvania Sewage Facilities Act, as amended (35 P.S. § 750.1
et seq.).
(2)
The approved Act 537 Official Wastewater Facilities Plan of Jacobus
Borough evaluated the need to provide adequate sewage facilities and
has found the formation of an on-lot management program for the properties
not served by public sanitary sewer in the Borough to be an effective
method of preventing and abating water pollution and hazards to the
public health.
B.
Purpose. The purpose of this article is as follows:
(1)
To bring and keep the Borough within the requirements of the Clean
Streams Law, as amended (Act of 1937, P.L. 1987, No. 394), and the
Pennsylvania Sewage Facilities Act (Act of 1966, P.L. 1535, No. 537,
as amended, known as "Act 537").
(2)
To provide for inspection, pumping, maintenance, and rehabilitation
of private and public on-lot sewage disposal systems.
(3)
To establish penalties and appeal procedures necessary for the proper
administration of such a management program.
C.
Applicability. From the effective date of this article, its provisions
shall apply in all portions of Jacobus Borough. The provisions of
this article shall apply to all persons and all other entities owning
any property serviced by an on-lot disposal system within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
The Act of January 24, 1996, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, municipal secretary,
or any other qualified or licensed person who is delegated by the
Borough to carry out the provisions of this article within the specified
limits.
Jacobus Borough, York County, Pennsylvania.
The Borough Council, York County, Pennsylvania.
An authorized agent of the Borough to administer and enforce
ordinances in the Borough.
Any system, whether publicly or privately owned, for the
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 Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP), or its successor agency.
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 occurring when an on-lot system causes pollution
to ground or surface waters, contamination of private or public drinking
water supplies, nuisance problems or is a hazard to public health.
Any septic tank observed to be leaking or any instance where sewage
is backing up into a building connected to the system is considered
a malfunction. Systems shall be considered to be malfunctioning if
any of the conditions noted above occur 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 Borough and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act. Hereinafter called the
"plan," it shall mean the Jacobus Borough Act 537 Plan, as amended.
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.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the Borough to effectively enforce and administer
this article.
A properly executed York County solid waste and refuse authority
sludge/septage manifest.
A person or organization licensed by the York County Solid
Waste Authority to conduct septage pumping and hauling within York
County.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot disposal system.
Any substance pumped out of a septic tank.
A Borough form to be completed by the qualified pumper/hauler
and forwarded to the Borough after each inspection and/or pumping.
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. 94), known
as "the Clean Streams Law," as amended.
An agent of the Borough, certified by DEP, to issue and review
permit applications and conduct such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated thereunder.
A.
Periodic maintenance of on-lot disposal system is required. The Borough
shall notify all owners of property served by an on-lot disposal system
that the system must be pumped by the end of the calendar year in
which the notice is received. The Borough shall follow a schedule
whereby all of the owners of properties within the Borough serviced
by an on-lot disposal system are notified of the pumping requirements,
such that all owners are notified every four years. The property owner
must have the on-lot disposal system pumped within the time specified
in the letter. Removal of septage or other solids from on-lot disposal
systems shall be performed once every four years hereafter.
B.
Pumping of an on-lot disposal system shall be conducted by a qualified
pumper/hauler for the purpose of determining a system's functional
status. The property owner is responsible to contact and make arrangements
directly with the pumper/hauler to conduct the pumping of his/her
system, and for payment to the pumper/hauler of all expenses related
to the pumping of the on-lot disposal system.
C.
The qualified pumper/hauler shall prepare a written report titled
"York County Sludge/Septage Manifest and Report." The report shall
be completed in full by the pumper/hauler, including Letters D and
E, and two original copies shall be furnished to the property owner,
one for the property owner and one for Jacobus Borough. The property
owner shall submit Jacobus Borough's copy to the Borough within
30 days of the pump-out. The original report shall be mailed or hand-delivered
by the property owner to the Jacobus Borough Municipal Office, 126
North Cherry Lane, Jacobus, PA 17407-1000.
D.
Tanks 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 Borough SEO or authorized agent may require additional maintenance
activity as needed, including but not limited to cleaning and unclogging
of piping; service and repair of mechanical equipment; leveling of
distribution boxes, ranks, and lines; 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 Borough SEO or authorized agent if:
(1)
A system is found to be malfunctioning;
(2)
A 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 average;
(5)
A garbage grinder is used in the building; or
(6)
Other good cause can be shown.
G.
Any person owning a building served by an on-lot disposal 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.
H.
Any person owning a structure served by a cesspool shall have that
system pumped according to the schedule prescribed for septic tanks.
I.
Each time a septic tank or other subsurface waste disposal system
tank is pumped, the contracted pumper shall provide to the owner of
the system a fully completed and signed septic system report.
J.
The owner of the property upon which an on-lot system is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance, and pumping, and divert surface
water and downspouts away from the absorption area and on-lot system
components.
K.
Tanks shall only be pumped from/through the manhole/access port,
i.e., the largest tank opening. Tanks shall not be pumped from/through
the observation port.
L.
The owner of a property upon which an on-lot system is constructed
shall, at all times, operate and maintain the on-lot system in such
condition as will permit it to function in the manner in which it
was designed and to prevent the unlawful discharge of sewage.
A.
Inspection of the sewage collection system shall be conducted when
an on-lot disposal system is pumped. All inspections shall be performed
by an authorized agent of the Borough subsequent to the pumping evolution.
(1)
An authorized agent of the Borough may inspect any on-lot sewage
disposal system at any time given reasonable notice.
(2)
An authorized agent of the Borough shall have the right to enter
upon land for the purpose of inspections as described above.
(3)
Inspections by an authorized agent of the Borough may include a physical
tour of the property, the taking of samples from surface water, wells
or other groundwater sources, the sampling of 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.
B.
Inspection fees must be submitted to the Jacobus Borough Municipal
Office, 126 N. Cherry Lane, Jacobus, PA 17407-1000, and inspections
must be scheduled, in accordance to instructions in the maintenance
notification letter received by the property owner from Jacobus Borough.
C.
Should inspection of the sewage collection system by the Borough's
authorized agent reveal that the system is malfunctioning, the Borough's
authorized agent shall take action to require the correction of the
malfunction.
A.
Only sewage and normal domestic wastes shall be discharged into any
on-lot sewage system. The following shall not be discharged into the
system:
(1)
Industrial wastes.
(2)
Automobile oil and other petroleum products.
(3)
Fats and grease.
(4)
Toxic or hazardous substances or chemicals, including, but not limited
to, pesticides, herbicides, acids, paints (including latex or water-based
paints), paint thinners, gasoline, and other solvents.
(5)
Clean surface- or groundwater, including spring water, water from
roof or cellar drains, water from basement sump pumps, and water from
french drains.
B.
All water used within a residence, including kitchen and laundry
wastes and water softener backwash, and all sewage shall be discharged
into an on-lot disposal system treatment tank.
A.
Any on-lot sewage disposal system or component thereof found to be
malfunctioning shall be repaired, modified or replaced pursuant to
direction of the Borough or its authorized agent and to correct the
conditions causing the malfunction. Rehabilitation shall be performed
in accordance with Chapter 73, Standards for Sewage Disposal Facilities
of Title 25, Rules and Regulations, Department of Environmental Protection,
as amended or replaced.[1] The Borough SEO shall inspect the rehabilitated on-lot
sewage disposal system and certify its compliance with local and state
standards.
[1]
Editor's Note: See 25 Pa. Code Ch. 73, Standards for
Onlot Sewage Treatment Facilities.
B.
A permit exemption declaration must be filed with the Borough's
SEO a minimum of 48 hours prior to any soil fracturing or use of the
terralift procedure to an on-lot disposal system.
When an imminent health hazard exists due to failure of a property
owner to maintain, repair, or replace an on-lot sewage disposal system
as provided under the terms of this article, the Borough shall have
the authority, but not the obligation, to perform, or contract to
have performed, the work required to abate the health hazard, pollution,
or nuisance. The owner shall be charged for the work performed plus
an administrative fee of 10%, and, if said amount remains unpaid for
a period of 30 days following the invoice for such amounts, a lien
may be entered therefor in accordance with law. The Borough reserves
the right to pursue all other lawful remedies.
A.
The Borough shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this article.
B.
The Borough shall employ qualified individuals to carry out the provisions
of the article. Those employees may include a sewage enforcement officer,
a codes enforcement officer, a secretary, an administrator, or other
persons as required. The Borough may also contract with other private
qualified persons or firms as necessary 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 on-lot
sewage disposal systems in the Borough shall become the property of
the Borough. All records pertaining to sewage permits and all other
aspects of the Borough's sewage management program shall be made
available according to procedures set forth in the Pennsylvania Right-to-Know
Law, as amended and supplemented from time to time.[1] A fee for copying may be charged.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
D.
The Borough may establish all administrative procedures necessary
to properly carry out the provisions of this article.
E.
The Borough may establish a fee schedule and subsequently collect
fees to cover the cost of administering the on-lot maintenance program.
The Borough can set fees by properly enacting a resolution from time
to time.
A.
Appeals from decisions made under this article shall be made to the
Borough Council in writing within 30 days from the date of the decision
in question.
B.
The appellant shall be entitled to a hearing before the Borough Council
at its next regularly 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 appeal
shall be heard at the subsequent meeting. The Borough shall thereafter
affirm, modify, or reverse the aforesaid decision. The hearing may
be postponed for a good cause shown by the appellant or the Borough.
Evidence may be introduced at the hearing, provided that it is submitted
with the written notice of appeal.
C.
A decision shall be rendered in writing within 60 days of the date
of the hearing. If a decision is not rendered within 60 days, the
relief sought by the appellant shall be deemed granted.
A.
Any person who shall violate or fail to comply with any provision
of this article shall, upon conviction thereof by a summary proceeding
action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, be sentenced to pay a fine of not less than
$300 nor more than $1,000, plus all court costs, or imprisonment,
all pursuant to the purpose and mandate of Act No. 172 of 1996, as
amended. Each day's continuance of a violation of this article
shall constitute a separate offense.
B.
The discharge by the Borough of its obligations as set forth in this
article shall create no liability upon the Borough, its officials,
employees or agents.
All reports, inspections, appraisals, certification or records
required or produced by the Borough, its officials, employees or agents,
as required by this article, shall be for the use and benefit of the
Borough only and shall not be accepted, utilized or relied upon by
any other person or party by way of certification or otherwise.
