[Adopted 10-20-2008 by Ord. No. 386-08]
A. 
This article shall be known and may be cited as "An Ordinance Providing for a Sewage Management Program for On-Lot Systems for Easttown Township."
B. 
In accordance with municipal codes, the Clean Streams Law (Act of June 27, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., known as "Act 537"), it is the power and the duty of Easttown Township to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The official sewage facilities plan for Easttown Township indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
C. 
The purpose of this article is to provide for the regulation, inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to permit intervention in situations which may constitute a public nuisance or hazard to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
A. 
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
The sewage enforcement officer, designated by the Chester County Health Department (Health Department) or other person or entity, including the Township Zoning Officer, appointed by the Easttown Township Board of Supervisors to administer or assist in the administration of this article.
BOARD
The Board of Supervisors, Easttown Township, Chester County, Pennsylvania.
COMMUNITY SEWAGE SYSTEM
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.
DEPARTMENT
The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).
HEALTH DEPARTMENT
The Chester County Health Department.
INDIVIDUAL SEWAGE SYSTEM
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.
MALFUNCTION
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 groundwater 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.
OFFICIAL SEWAGE FACILITIES PLAN
A comprehensive plan for the provision of adequate sewage disposal systems, adopted by the Board and approved by the Department, pursuant to the Pennsylvania Sewage Facilities Act.[1]
ON-LOT SEWAGE DISPOSAL SYSTEM
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.
OWNER or PROPERTY OWNER
A person or entity owning property served by an on-lot sewage disposal system.
PERSON
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 "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.
REHABILITATION
Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
SEWAGE
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]
SEWAGE ENFORCEMENT OFFICER (SEO)
A person certified by the Department who is employed by the Health Department. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as may be provided for such person in the Sewage Facilities Act,[3] the rules and regulations promulgated thereunder and this article or any other ordinance adopted by the Township.
SEWAGE MANAGEMENT DISTRICT
Any area or areas of the Township designated in the official sewage facilities plan adopted by the Board as an area for which a sewage management program is to be implemented. For Easttown Township, said district shall include the entire Township, except those areas specifically served by public sewers.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this article, the Sewage Facilities Act, the Clean Steams Law, the regulations promulgated thereunder and such other requirements adopted by the Board or the Health Department to effectively enforce and administer this article.
SUBDIVISION
The division or redivision of a lot or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original lot or tracts remaining after other lots have been subdivided therefrom.
[Amended 12-15-2014 by Ord. No. 424-14]
TOWNSHIP
The Township of Easttown, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.
B. 
For the purposes of this article, any term which is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act[4] and the regulations promulgated thereunder.
[4]
Editor's Note: See 35 P.S. § 750.1 et seq.
From the effective date of this article, its provisions shall apply in any portion of the Township identified in the official sewage facilities plan as a sewage management district. Within such an area or areas, the provisions of this article shall apply to all persons owning any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems.
A. 
No person shall install, construct or request bid proposals for construction, or alter an individual sewage system or community sewage system, without first obtaining a permit from the sewage enforcement officer, 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 and the Pennsylvania Sewage Facilities Act and the regulations adopted pursuant to those Acts.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq. and 35 P.S. § 750.1 et seq., respectively.
B. 
The procedures for application for and granting of a permit shall be established, revised, promulgated and enforced by the Health Department.
C. 
No building or occupancy permit shall be issued for a new building which will contain sewage-generating facilities and for which an individual sewage system or community sewage system is to be installed until a valid sewage permit has been obtained from the sewage enforcement officer.
D. 
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 to an individual sewage system or community sewage system, until either the structure's property owner receives a permit for alteration or replacement of the existing sewage disposal system or until the structure's property owner and the appropriate officials of the Township receive written notification from the sewage enforcement officer that such a permit will not be required. The sewage enforcement officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.
A. 
Any on-lot sewage disposal system may be inspected by the sewage enforcement officer or an authorized agent at any reasonable time as of the effective date of this article.
B. 
Such inspection may include a physical tour of the property.
C. 
A schedule of routine inspections may be established to assure the proper functioning of the sewage systems in the sewage management district.
D. 
The sewage enforcement officer shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the sewage enforcement officer shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of the Department, including but not limited to those outlined in Chapter 73 of Title 25 of the Pennsylvania Code, or is not technically or financially feasible in the opinion of the sewage enforcement officer or a representative of the Department, then the property owner shall mitigate the malfunction.
E. 
There may arise geographic areas where numerous on-lot sewage disposal systems are malfunctioning. A resolution of these areawide problems may necessitate detailed planning and a revision to the portion of the sewage facilities plan pertaining to areas affected by such malfunctions. Immediate corrective action may be compelled whenever a malfunction, as determined by the authorized agent and/or the Department, represents a serious public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot sewage disposal system, including wastes listed in 25 Pa. Code § 73.11(c). 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, oils, antifreeze, industrial soaps and detergents and other similar-type solvents.
D. 
Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.
E. 
Clogging bulky items, including but not limited to sanitary napkins, diapers, paper towels, cigarette filters, cat litter, plastics, egg shells, bones and coffee grounds.
A. 
Each person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a Chester County Health Department licensed liquid waste hauler at least once every three years or whenever an inspection reveals that the septic tank is filled with solids or scum in excess of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler shall be submitted to the Township or reported to a central electronic database, if applicable, within the prescribed three-year pumping period.
B. 
At the time of pumping, the on-lot sewage disposal system shall be inspected to insure that the absorption area is being protected from physical damage, to insure that the electrical, mechanical, and chemical components are in good working order and that the proper supply of power is maintained to the system as required.
C. 
The required pumping frequency may be increased at the discretion of an authorized agent if the septic tank is undersized compared to the current standard; if solids buildup in the tank is above average; if the hydraulic load on the system increases significantly above design capacity; if the system malfunctions; or for other good cause shown.
D. 
If any person can prove (e.g., pumping certificate, invoice) that such person's septic tank had been pumped within three years of the effective date of this article, then that person's initial required pumping shall conform to the general three-year frequency requirement, except where an inspection reveals a need for more frequent pumping frequencies.
E. 
All septic tanks shall be pumped through the manhole access of each tank or tank chamber.
F. 
Upon completion of the pumping of any septic tank, the interior of the tank, if accessible, shall be inspected to determine if the baffles in the septic tank are in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact the sewage enforcement officer for approval of the necessary repair.
G. 
Any person owning a building served by an on-lot sewage disposal system, which contains an aerobic treatment tank, shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the Township within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township, or to a central electronic database, if applicable, at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks.
H. 
Any person owning a building served by a cesspool or dry well in an area of numerous malfunctions or in an area where a repair is not technically feasible shall have that system pumped according to the schedule prescribed for septic tanks to mitigate potential pollution. As an alternative to this scheduled pumping of the cesspool or dry well, and pending any scheduled replacement of the substandard system as identified in the official sewage facilities plan, the property owner may apply for a sewage permit from the sewage enforcement officer for a septic tank to be installed preceding the cesspool or dry well. For this interim repair system consisting of a cesspool or dry well preceded by an approved septic tank, only the septic tank must be pumped at the prescribed interval. The cesspool or dry may be pumped to aid operating efficiency.
I. 
Additional maintenance activity may be required as needed, including but not necessarily limited to cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, etc.
J. 
The property owner shall provide an adequate supply of electric power with the proper phase, frequency and voltage as recommended by the equipment manufacturers of the various components of the on-lot sewage disposal system.
K. 
The property owner agrees not to plant trees or shrubs in any absorption area or to otherwise excavate or damage the absorption area. The property owner also agrees to protect all absorption area(s) from vehicle traffic and to protect all absorption area(s) and system components from stormwater runoff from roof gutters and downspouts, driveways, swales and sump pump discharges.
L. 
The property owner agrees not to build any structures, including swimming pools and sprinkler systems, on or within 10 feet of any absorption area or any components of the system.
M. 
The property owner agrees to use water conservation devices when feasible (including low-flow toilets, shower heads, dishwashers and clothes washers) and to promptly repair any leaking plumbing fixtures.
A. 
No person shall operate or maintain an on-lot sewage disposal system in such a manner that it malfunctions. No sewage systems shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit for such discharge has been obtained from the Department.
B. 
A written notice of violation shall be issued to any person who is the property owner of any property which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging sewage without a permit. The sewage enforcement officer shall be notified of all violations.
C. 
Within 30 days of notification by the Township or Health Department that a malfunction has been identified, the property owner shall make application to the sewage enforcement officer for a permit to repair or replace the malfunctioning system. Within 90 days of initial notification by the Township, construction of the permitted repair or replacement shall commence, weather permitting. Within one year of the original notification by the Township, the construction shall be completed, unless seasonal or unique conditions mandate a longer period, in which case the Township, in cooperation with the sewage enforcement officer, shall set an extended completion date.
D. 
The sewage enforcement officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank, or any other alternative approved by the sewage enforcement officer or the Department appropriate for the specific site.
E. 
In lieu of or in combination with the remedies described above, the authorized agent may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances, or they may be required to be replaced by water-conserving devices.
F. 
In the event that the rehabilitation measures described above are not feasible or effective as determined by the sewage enforcement officer or the Department, the property owner may be required to apply to the Department for a permit to install a single-residence treatment and discharge system. Upon receipt of said permit, the property owner shall complete construction of the system within six months, weather permitting.
G. 
Should none of the remedies in this section be totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent possible.
A. 
All sewage originating within the sewage management district shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq., as amended) and all other applicable laws and at sites or facilities approved by the Department. Approved sites or facilities shall include the following: sewage treatment facilities, wastewater treatment plants, composting sites and approved farmlands.
B. 
Pumpers/haulers of sewage operating within the sewage management district shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003, as amended) and all other applicable laws.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person failing to comply with any provisions of this article may be subject to a civil penalty of not less than $300 and not more than $2,500 for each violation and, in addition, may be assessed the cost of damages caused by such violation and the cost of correcting such violation. Each day of noncompliance shall constitute a separate offense.
B. 
The Township's Zoning Officer shall have the power and authority to determine issues related to compliance with the provisions of this article and to bring and prosecute in the name of the Township enforcement and penalty proceedings for violations of its provisions.
C. 
If it appears that a violation of this article has occurred, the Township Zoning Officer has the authority to issue an enforcement notice and pursue enforcement remedies as set forth in Chapter 455, Zoning.
D. 
The property owner of record of the subject property against which enforcement action has been taken shall have those appeal rights as set forth in Chapter 455, Zoning.
The Board shall, by resolution, adopt a fee schedule for the administration of this article. Said schedule shall be kept on file by the Township Secretary and shall be reviewed and revised as necessary.