This Part 2 may be cited as the "OLDS (On-Lot Disposal System) Management Ordinance of West Manheim Township."

As mandated by the municipal codes, the Clean Streams Law (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"), municipalities have the power and the duty 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 West Manheim 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.

The purpose of this Part 2 is to provide for the inspection, maintenance and rehabilitation of on-lot sewage disposal systems; to further permit the Township to intervene in situations which are public nuisances or hazards to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.

General terms. In the interpretation of this Part 2, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

Specific terms. For the purposes of this Part 2, the terms used shall be construed to have the following meanings:

All other definitions of words and terms used in this Part 2 shall have the same meanings as set forth in Chapter 73, Standards for Onlot Sewage Treatment Facilities, of Title 25, Rules and Regulations, Department of Environmental Protection.[5]

No person shall install, construct or request bid proposals for construction or alter an individual sewage system or community sewage system or construct or request bid proposals for construction 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 indicating that the site and the plans and specifications of such system are in compliance with the provisions of the Pennsylvania Sewage Facilities Act (hereinafter called "Act 537" or "Act") and the standards adopted pursuant to that Act.[1]

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 municipal SEO. If 72 hours have elapsed, excepting Sundays and holidays, since the SEO issuing the permit received notification of completion of construction, the applicant may cover said system or structure, unless permission has been specifically refused by the SEO.

The Township may require applicants for sewage permits to notify the Township's certified SEO of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by Act 537 may be scheduled and performed by the Township's certified SEO at the cost of the applicant.

No building or occupancy permit shall be issued by the Township or its CEO for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the Township's certified SEO.

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 the Township's CEO and the structure's owner receive from the SEO either a permit for alteration or replacement of the existing sewage disposal system or written notification that such a permit will not be required. In accordance with Chapter 73 regulations,[2] the certified SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.

Sewage permits may be issued only by a certified SEO employed by the Township for that express purpose. The DEP shall be notified by the Township as to the identity of its currently employed certified SEO.

No sewage permit may be issued unless proof is provided that the owner of record has owned the lot since May 15, 1972, or that Act 537 planning for that lot has been provided by the Township.

No final Act 247, as amended, approval on a subdivision plan may begin until Act 537 planning is approved by the Township and DEP.

Requirements.

Identification of replacement area.

Construction restrictions.

Relief from replacement area requirement.

Within two years from the effective date of this Part 2, all on-lot sewage disposal systems, cesspools or dry wells within West Manheim Township must be inspected and certified to be in proper working order by the Township's Sewage Enforcement Officer (SEO). Thereafter, on-lot disposal systems must be inspected and certified every four years. The SEO inspection shall be conducted in accordance with all applicable state and federal regulations. All costs associated with inspection, pumping and remediation shall be the responsibility of the property owner; the fees associated with the SEO services shall be established by resolution of the Board of Supervisors.

The Township will send, via regular United States Mail, notice to the property owner that the on-lot disposal system is due for inspection and certification. Within 45 days from receiving notice of intent to inspect from the Township, the owner must schedule an appointment with the SEO.

At the time of the scheduled inspection, the owner shall cause the on-lot disposal system to be pumped so that it may be inspected by the SEO. The tank shall not be pumped until the SEO has visually inspected the tank.

Access to the inside of the dwelling shall be available at the time of inspection. The SEO will ensure that all effluent and gray water from the dwelling is going into the septic system.

A copy of the inspection report shall be furnished to the owner and current resident which shall include all of the following information which is reasonably available to the SEO: date of inspection; name and address of system owner; description and diagram of the location of the system, including location of access hatches, risers, and markers; size of tanks and disposal fields; current occupant's name and number of users; indication of any system malfunctions observed; results of any and all soil and water test; any remedial action required.

The Township's authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is malfunctioning, the Township shall take action to require the correction of the malfunction. If total correction cannot be done in accordance with the regulations of DEP, including but not limited to those outlined in Chapter 73 of Title 25 of the Pennsylvania Code, or it is not technically or financially feasible in the opinion of the authorized agent or representative of DEP, then action by the property owner to mitigate the malfunction shall be required.

The Township's authorized agent shall have the right to enter upon land for the purposes of inspections described above. In the event that access to inspect the property is denied, the following steps shall be taken:

Only normal domestic wastes shall be discharged into any on-lot sewage disposal system.

The following shall not be discharged into the system:

After the initial inspection and certification as required by this Part 2, the property owner shall have the tank pumped, inspected and certified every four years.

The required pumping frequency may be increased at the discretion of an authorized agent, if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown.

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 available for inspection by the SEO. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks.

The Township may require additional maintenance activity 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. Repair permits issued by the certified SEO must be secured for these activities.

No person shall operate and maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the Commonwealth of Pennsylvania unless a permit to discharge has been obtained from the DEP.

The Township shall issue a written notice of violation to any person who is the owner of a property in the Township which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging raw or partially treated sewage without a permit.

Within seven days of notification by the Township that a malfunction has been identified, the owner shall make application to the Township's certified SEO for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days 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 shall set an extended completion date.

The Township's certified SEO 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, expanding the existing disposal area, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank or other alternatives as appropriate for the specific site.

In lieu of, or in combination with, the remedies described in Subsection D, the SEO 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 may be required to be replaced by water-conserving devices and appliances. Wastewater generation in the structure may also be reduced by requiring changes in water-usage patterns in the structure served. The use of laundry facilities may be limited to one load per day or discontinued altogether, etc.

In the event that the rehabilitation measures in Subsections A through E of this section are not feasible or do not prove effective, the Township may require the owner to apply for a permit to construct a holding tank or install an alternative treatment system in accordance with the Township ordinance and DEP regulations. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.

Should none of the remedies described above prove totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the 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 that it feels necessary.

The Township, upon written notice from the SEO that 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 Part 2, shall have the authority to perform or contract to have performed the work required by the SEO.

The owner shall be charged for the work performed, and, if necessary, a lien shall be entered therefor in accordance with law.

All septage pumpers/haulers operating within the Township shall be certified with the Township and shall comply with all reporting requirements established by the Township.

All septage originating within the municipal sewage management district shall be disposed of at sites or facilities approved by the DEP. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.

Septage pumpers/haulers operating within the Township 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 to 6018.1003). Any septage pumper/hauler who violates any of the provisions of this Part 2 or regulations of West Manheim Township or the conditions of its state permit or of any state or local law governing its operation shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. If any pumper/hauler shall have been convicted on two occasions of any violation of this Part 2, or for violating the conditions of its state permit or of any state or local law governing its operation, the Board shall have the power to suspend said pumper/hauler from operating within the Township for a period of not less than six months nor more than two years for each violation, as determined by the Township. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Part 2 that is violated shall also constitute a separate offense.[1]

The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this Part 2.

The Township shall employ qualified individuals to carry out the provisions of this Part 2. Those employees shall include a certified SEO, a CEO, a secretary, administrator or other persons as required. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this Part 2.

All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems shall become the property of the Township. Existing and future records shall be available for public inspection during required business hours at the official municipal office. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the Township's OLDS management program shall be made available, upon request, for inspection by representatives of the DEP.

The Board shall establish all administrative procedures necessary to properly carry out the provisions of this Part 2.

The Board may, by resolution, establish a fee schedule, and subsequently collect fees to cover the cost to the Township of administering this program.

Appeals from decisions of the Township or its authorized agents under this Part 2 shall be made to the Board in writing within 45 days from the date of the decision in question.

The appellant shall be entitled to a hearing before the Board 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 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. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.

A decision shall be rendered in writing within 45 days of the date of the hearing. If a decision is not rendered within 45 days, the release sought by the appellant shall be deemed granted.