[Ord. 95-2A, 12/21/1995, § 1]
The purpose of this Part is to establish procedures for the
use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, and to establish
regulations for community on-lot subsurface sewage and small-flow
treatment systems; and it is hereby declared that the enactment of
this Part is necessary for the protection, benefit, and preservation
of the health, safety and welfare of the inhabitants of the Township.
[Ord. 95-2A, 12/21/1995, § 2]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this Part shall be as follows:
The Board of Supervisors of Allen Township of Northampton
County, Pennsylvania.
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units, and the treatment or disposal, or both, of the sewage
on one or more of the lots or at another site.
COMMUNITY ON-LOT SEWAGE SYSTEMA community sewage system which uses a system of piping, tanks or other facilities for collecting, treating, and disposing of sewage into a subsurface soil absorption area.
COMMUNITY SEWERAGE SYSTEMA community sewage system which uses a method of sewage collection, conveyance, treatment, and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
A watertight receptacle, whether permanent or temporary,
to which sewage is conveyed by a water-carrying system, which receives
and retains sewage, and which is designed and constructed to facilitate
the ultimate disposal of the sewage at another site.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, corporation,
or other group or entity.
An individual or community sewage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using a stream discharge or discharge to the surface of the
ground.
Allen Township of Northampton County, Pennsylvania.
Any individual or individuals engaged in utilizing a community
sewage system or small-flow treatment system.
[Ord. 95-2A, 12/21/1995, § 3; as amended by Ord.
2007-04, 11/8/2007]
Holding tanks and community on-lot subsurface sewage and small-flow
treatment systems shall, subject to the regulations of and approval
of the Pennsylvania Department of Environmental Protection, be permitted
in Allen Township only as provided and in accordance with the provisions
of this Part.
[Ord. 95-2A, 12/21/1995, § 4; as amended by Ord.
2007-04, 11/8/2007]
1.
Holding tanks may be permitted, based upon application to and a permit granted by the Allen Township Sewage Enforcement Officer, only for the purpose of repair, replacement, or upgrading of existing malfunctioning systems in poor or overused soils unsuitable for small-flow treatment facilities in accordance with the Official Allen Township Comprehensive Wastewater Plan, including all addenda, or in accordance with the provisions of Subsection 2 herein.
2.
In no event shall holding tanks be permitted as a means of on-site
sewage collection in the case of new residential subdivisions and/or
commercial and industrial land development unless and until the Township
determines that all of the following conditions and requirements have
been met or satisfied:
A.
No community sewage system is available to service the property.
B.
The owner of the property has unsuccessfully applied to the Pennsylvania
Department of Environmental Protection ("DEP") for a permit to allow
for the construction of on-lot small-flow treatment facilities and
has made good-faith, reasonable attempts to comply with all DEP requirements
in order to obtain the same.
C.
The Township, in its sole opinion, has determined that a community
sewage system will be available to service the subject property in
the reasonably foreseeable future.
D.
The owner agrees to connect to the aforementioned community sewage
system within six months of the same becoming available to service
the subject property, or, in the event the same does not become available
within five years, agreed to construct a sewage treatment system upon
obtaining the recommendation and approval of the DEP and the Township,
provided that the aforementioned five-year period may be extended,
for good cause, in the sole discretion of the Board of Supervisors.
E.
The owner has fully complied with all of the remaining provisions
of this Part, or agrees to do so within a reasonable time period to
be established by the Township.
F.
The Township Board of Supervisors determines that the use of a holding
tank in conjunction with the development of the subject property is
in the best interests of the Township.
3.
Holding tanks shall be permitted as a remedial measure or temporary
measure in accordance with the following conditions:
A.
Soil is unsuitable for subsurface and small-flow treatment facilities.
(Reference Title 25, Subsections 71.62, 63 and 64.)
B.
A specific replacement schedule is established to provide hook-up
to a central sewage collection system, which has been proposed in
the official plan. (Reference Title 25, Subsection 71.63.c.i.)
C.
Designated conveyance and disposal facilities are identified. [Reference
Title 25, Subsection 71.63.b(2).]
D.
Provision of financial guarantees in form of escrow fund deposits
have been established to cover inspections, malfunctions, cleanup,
if required, and removal. (Reference Title 25, Subsection 71.73.b.vi.)
E.
Tank is abandoned, emptied and removed (or filled with soil) within
90 days of when public sewerage facilities become available.
4.
Nonresidential oil separation holding tanks shall be exempt from
the requirements of this Part.
5.
Chemical Toilets. Temporary use of portable chemical toilets at construction
sites and at sites of public gathering and entertainment, where there
is no water under pressure and no piped wastewater, shall be exempt
from those requirements, except that a permit shall be obtained from
the Township Secretary a minimum of seven days prior to installation
or renewal. A permit fee shall be paid at the time of issuance and
shall be valid for 180 days. The permit is renewable at the discretion
of the Township.
[Ord. 95-2A, 12/21/1995, § 5]
[Ord. 95-2A, 12/21/1995, § 6]
The Township may enact such rules and regulations as it deems
necessary to effect the purpose of this Part. All such rules and regulations
adopted by the Township shall be in conformity with the provisions
herein, all other ordinances of the Township, and all applicable laws,
and applicable rules and regulations of administrative agencies of
the Commonwealth of Pennsylvania.
[Ord. 95-2A, 12/21/1995, § 7; as amended by Ord.
2007-04, 11/8/2007]
1.
Holding Tanks. The Township Sewage Enforcement Officer (SEO) shall
have the right and power to establish the time and manner of inspections
of the holding tanks. Each such tank shall be inspected and tested
by the SEO or his designated agent at the expense of the applicant
after installation and before use. At a minimum, the SEO or his designated
agent shall annually inspect and provide a written report of said
inspection to the Board of Supervisors. In the event of noncompliance
with the terms of this Part, including, but not limited to, evidence
of leakage, seepage, or escape of any materials from the holding tank
or failure to provide the Township with full and complete evidence
of, and/or regular pumping receipts for, the holding tank, said holding
tank shall be subject to inspection by the Township SEO or his designated
agent, at such time and for such period as the Township or SEO may
determine necessary in the interest of the protection, benefit and
preservation of health, safety and welfare of the inhabitants of the
Township.
2.
Community Subsurface and Small-Flow Systems.
A.
The system shall be approved by the Township and the Pennsylvania
Department of Environmental Protection and subject to review and inspection
by the Township Engineer or Township Sewage Enforcement Officer. The
installation of the system and its start-up shall be under the supervision
of the design engineer.
B.
The system shall be inspected by the Township's authorized agent
quarterly during its first year of operation and, at a minimum, twice
annually thereafter, which inspection shall include sampling and testing
of effluent. The cost of inspections and testing shall be borne by
the owner. The Township's agent shall prepare a report to rate
performance of the system and outline any deficiencies requiring maintenance
and/or repair.
[Ord. 95-2A, 12/21/1995, § 8]
The Township shall have the right and power by resolution to
fix, alter, charge and collect charges for permits to install holding
tanks, community subsurface and small-flow systems and for the periodic
inspection and/or testing of the same. Amounts for fees, permits,
escrow accounts, and fines as established by this Part may be modified,
from time to time, by resolution of the Board of Supervisors of Allen
Township.
[Ord. 95-2A, 12/21/1995, § 9; as amended by Ord.
2007-04, 11/8/2007]
1.
The disposal of sewage by community on-lot and/or small-flow treatment
facilities shall be in accordance with Addendum #2 to the Allen Township
Comprehensive Wastewater Plan. The applicant is required to prepare
land planning modules for an official plan revision and submit a comprehensive
report as outlined in §§ II through VII of Plan Addendum
#2.
2.
An installation and/or operations application will not be accepted
unless the Allen Township Comprehensive Wastewater Plan revision has
been approved first by Allen Township and then by the Pennsylvania
Department of Environmental Protection (PaDEP) as required by the
ordinance and PaDEP Regulations embodied in Title 25, Chapter 71.
For clarification of the permit processes, refer to the flow chart
appended to this Part.[1]
[1]
Editor's Note: The flow chart is on file and may be seen
at the Township offices.
[Ord. 95-2A, 12/21/1995, § 10; as amended by Ord.
2007-04, 11/8/2007]
No community on-lot sewage system or small-flow treatment system, as defined in the Allen Township Comprehensive Wastewater Plan, shall be permitted to be installed, constructed, or operated to service any structure or use as permitted by Allen Township Zoning Regulations [Chapter 27] until such facility has been permitted by the Township and PaDEP. Permit applications shall be on PaDEP forms and shall be accompanied by an administrative processing fee and posting of an escrow account to be established by resolution of the Board of Supervisors.
A.
For Sewage Facility Plan Revision. Accompanying the form for plan
revisions shall be the following:
(1)
Planning modules to revise the Township Act 537 Sewage Facilities
Plan.
(2)
A site topographic plan drawn to a scale of 50 feet to the inch
or larger and, if to a stream or ground surface, extending 400 feet
beyond the owner's property line. The site topographic plan shall
be prepared by a registered engineer and surveyor. The plan shall
show existing and proposed contours at two-foot intervals, wooded
areas, buildings, wells, wetlands, streams, on-lot sewage systems,
plantings, grading, fences, and other pertinent topographical features.
(3)
Data as required per Title 25, Chapter 71, and the Township's
Comprehensive Plan.
(4)
System design calculations and report.
(5)
If sludge or wastes are to be disposed of off site, a signed
agreement with the facility accepting the waste.
(6)
Township application fee and escrow fee.
B.
For Construction Plan Approval:
[Ord. 95-2A, 12/21/1995, § 11; as amended by Ord.
2007-04, 11/8/2007]
1.
All wastewater systems constructed and installed in accordance with
this Part and other applicable ordinances in the Township of Allen
after the effective date of this Part shall be designed and installed
in strict conformity to the requirements of the Pennsylvania Sewage
Facilities Law (52 P.S. § 750.1 et seq.), the Pennsylvania
Clean Streams Law (35 P.S. § 691.1 et seq.), the regulations
of the Department of Environmental Protection applicable thereto,
and the design standards set forth in this Part. All permits, licenses
and approvals as may be required and necessary to be obtained at the
applicant's sole cost and expense from any and all federal, state,
and local agencies, departments or boards.
2.
Applicants shall, prior to any installation, construction, or acquisition
of materials, obtain and provide, at applicant's sole cost and
expense, five copies or sets of design documents consisting of complete
and detailed drawings and specifications of the collection, conveyance,
or treatment facility and appurtenances prepared by a professional
engineer registered in the State of Pennsylvania, copies of which
design documents shall be submitted to the Township for review. The
sole cost and expense shall be borne by applicants, which design documents
shall be subject to the following conditions:
A.
The design of community on-lot sewage systems and small-flow treatment
systems shall be prepared in accordance and compliance with:
(1)
PaDEP Title 25, Chapter 73, entitled "Standards for Sewage Disposal
Facilities."
(2)
PaDEP Domestic Wastewater Facilities Manual, Publication No.
DEP 1397, latest edition.
(3)
PaDEP Technical Supplement for Small STP's, A Supplemental
Guide to the Sewerage Manual.
(4)
PaDEP Operation and Maintenance Considerations in the Design
of Treatment Facilities, A Supplemental Guide to the Sewerage Manual.
(5)
PaDEP "Design Guidelines" for Spray Irrigation.
(6)
The latest edition of the Allen Township Authority's Construction
Specifications for the Installation of Sanitary Sewers and Appurtenances.
(7)
BOCA Plumbing Code.
B.
A topographic plan shall be specifically prepared by field survey
and/or photographmetic methods in accordance with national map accuracy
standards attached hereto as Exhibit A and shall depict the site by
specifically delegated boundaries, including any evidence or information
regarding ownership, topography, vegetation cover, watercourses, and
further identifying, if required by the Township, the proposed location
for an all-weather access road to the treatment facility of a minimum
width of 10 feet constructed from the nearest public roadway, a vehicle
turnaround providing a minimum paved area of 200 square feet, a fence,
a screen planting and lawn order to enhance the aesthetic quality
of the site.
C.
Such designs and standards as will achieve the Township's policy
to maximize the efficiency and reliability of the facility while providing
reliable and consistent access for service by operating personnel,
minimizing maintenance and upkeep and avoiding such adverse impacts
to the health, safety and welfare of the Township in the operation,
use and maintenance of said system.
D.
Any wastewater conveyance or treatment facility requiring a building
to house equipment shall be constructed of concrete block or brick,
designed and installed in such a manner to be compatible with the
surrounding, neighboring, or adjacent structures with any and all
controls and/or generators to be held within said superstructure,
the same being in conformity with the then-applicable municipal building
code to the extent such code establishes minimum standards and regulates
health and firesafety issues, demands for integrity to withstand exterior
weathering conditions and ingress and egress factors for individuals
in the operation, and maintenance of the system and equipment installation
or removal as may be determined necessary by the Township.
E.
Complete installation drawings of all proposed equipment and materials
for the collection, conveyance or treatment facility shall be submitted
for review and written approval of the design engineer prior to acquisition,
purchase, fabrication, delivery or installation of the same. A copy
of the approved drawings shall be provided to the applicant and the
Township. If the equipment/material to be installed differs from that
approved at the time of design, it shall also be approved by the Township
prior to acquisition and installation.
F.
Operations and/or instruction manuals explaining how the system is
to be operated and maintained, as well as manuals for any and all
equipment, materials, or machinery installed in said system, shall
be provided by the design engineer to the Township for review and
approval prior to plant startup. Adequacy of the manual shall be approved
by the Township. Upon approval by the Township, the manual shall be
distributed by the design engineer to the Township (two copies), the
owner of the system, and a copy kept at the facility.
G.
Any and all equipment, material, and machinery to be incorporated
or installed in any such facility shall be inspected by the applicant's
(design) engineer prior to installation of the same to assure that
it conforms to the approved design documentation and shop drawing,
which compliance shall be certified in writing to the Township by
the applicant's engineer prior to installation.
H.
The applicant shall provide for initial testing and "start-up" of
all such equipment, materials, and machinery by the manufacturer or
fabricator's representative and shall secure from said representative,
at the applicant's sole cost and expense, a written certification
as to property installation of such equipment, materials or machinery
providing copies of any operating materials, manuals or certifications
and warranties prior to said installation and to provide for any and
all necessary on-site training and demonstration of such equipment,
materials and machinery for the operating personnel or licensed operator
of such facility.
I.
The applicant shall schedule tests as deemed appropriate by applicant's
engineer and a final facilities inspection with the Township representative
prior to any active operation of the facility and shall correct, at
the applicant's expense, to the satisfaction of the Township,
any defects or problems noted during such tests for final inspection
or within the applicable maintenance period as hereinafter set forth,
as part of which final inspection the applicant's engineer shall
present a written certification that the facility and all appurtenances
thereto have been installed and constructed in accordance with the
approved design documents and shop drawings.
J.
When determined appropriate by the Township Engineer, every such
facility shall have installed on site an emergency generator.
K.
Any and all excavation, grading, and/or earthmoving activities must
be conducted in full and complete compliance with the rules, regulations,
and requirements for soil and sedimentation control activities established
by the Northampton County Soil Conservation District and the Pennsylvania
Department of Environmental Protection and must be done subject to
and in compliance with any and all appropriate permits as may be issued
by the aforesaid agencies or other departments, bureaus, or agencies
having appropriate authority to regulate the same.
[Ord. 95-2A, 12/21/1995, § 12]
1.
Holding Tanks. The owner of an improved property that utilizes a
holding tank shall:
A.
Maintain the holding tank in conformance with this Part or any ordinance
of this Township, the provisions of any applicable law, and the rules
and regulations of any federal governing body, the Township and/or
any administrative agency of the Commonwealth of Pennsylvania.
B.
Provide monthly to the SEO, pumping receipts and disposal receipts
for the permitted tank, the same to be certified by property owner
to be true and correct pumping and/or disposal receipts. Said property
owner shall also provide, within 30 days of occurrence, reports of
inspections or repairs.
C.
Permit only persons approved in writing by the Township to collect,
transport, and dispose of the contents of the holding tank.
D.
As a condition precedent to the issuance of a permit for a holding
tank pursuant to the provisions of this Part, the owner shall execute
an escrow holding tank agreement and establish an escrow account to
be held by the Township in an amount calculated at the rate of $300
per 1,000 gallons of tank capacity. Interest from the escrow account
shall inure to the Township. The Township may use the funds held in
said escrow account at any time and at its sole discretion to correct
any maintenance, service, or pumping deficiency regarding the holding
tank which the owner fails to perform as required by the terms of
this Part. In the event the sum of money held in escrow by the Township
is depleted below 50% of the original amount (or the then-current
amount required by the Township to be maintained in the escrow account),
the owner shall, within 30 days of demand by the Township, deposit
with the Township sufficient funds to restore the account balance
to the initial amount. In the event said amount is not deposited with
the Township within the thirty-day period, all rights of the owner
to the within Part or any agreement entered into in accordance therewith
shall be revoked automatically.
E.
As a further condition of the issuance of a permit for a portable
chemical toilet pursuant to this Part, the property owner shall obtain
a permit from and pay a permit fee of $5 to the Township Secretary.
The permit/fee shall be filed with the Township a minimum of seven
days prior to installation of the portable toilet. The property owner
shall notify the Township when the portable toilet is removed. The
permit fee shall also apply to renewable permits. The Township shall
be exempt from all permit fees.
2.
Community Subsurface and Small-Flow Treatment Systems.
A.
Installation and Maintenance Agreement. The Township and the owner
of the land upon which the system will be installed shall enter into
an installation, maintenance, and escrow agreement which shall include
the following provisions:
(1)
The system shall be designed, installed, operated, and maintained
in accordance with the requirements of applicable state laws and regulations
and the requirements of the Township as set forth in this Part.
(2)
If required, the Township shall issue a maintenance/repair order
to the applicant stipulating the extent of required maintenance, the
system performance criteria, and a time frame by which repairs need
to be completed. The Township may issue a temporary operating permit
until such time that all maintenance and repair work is completed.
A temporary operating permit shall expire after 90 days of issuance.
(3)
Upon failure of the system/property owner to properly repair
or maintain the system, the Township shall have the right to enter
the property in order to perform required maintenance or repairs,
charge the cost thereof to the owner, and file a municipal lien in
default of payment.
(4)
The agreement will be recorded and run with the land and will
be binding upon the owners, their successors, and assigns.
B.
Annual Operating Permit. At least 30 days prior to each anniversary
of the date on which the system is placed in operation, the owner
shall apply for or obtain from the Township an annual operating permit
for the system and shall pay therefor a fee of $100 per year which
shall be applied against the cost to the Township of the inspections
required in the installation and maintenance agreement.
[Ord. 95-2A, 12/21/1995, § 13; as amended by Ord.
2007-04, 11/8/2007]
1.
The collection and transportation of all sewage from any improved
property utilizing a sewage disposal system permitted under this Part
shall be done by a hauler approved by the Township or the SEO. Disposal
thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Protection of the Commonwealth
of Pennsylvania.
2.
The Township SEO shall receive, review and retain pumping and disposal
receipts from property owners (or their designated agents) of permitted
holding tanks and treatment systems. Receipts shall be maintained
for a period of six years by the Township.
[Ord. 95-2A, 12/21/1995, § 14; as amended by Ord.
2007-04, 11/8/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 95-2A, 12/21/1995, § 15]
In addition to any other remedies provided in this Part, any violation of § 18-212 above shall constitute a nuisance and shall be immediately abated by the Township.
[Ord. 95-2A, 12/21/1995, § 16]
By accepting an installation and/or operating permit, the system/property
owner agrees to indemnify and hold harmless the Township and its duly
authorized representatives for any adverse condition, claims, or pollution
resulting from or relating to the operation of the system.
[Ord. 95-2A, 12/21/1995, § 17]
The standards, terms, and conditions of this Part set forth
the minimum standards which are acceptable to the Township, it being
recognized that no single document can fully or adequately describe
or consider all specific details of every anticipated system, and
it is therefore assumed that any such standards, terms, or conditions
shall be supplemented by the design review and appropriate comments
and communications by the Township Sewage Enforcement Officer and/or
consulting engineer and the applicant's engineer.
