[Adopted 2-3-2005 by Ord. No. 1-2005]
A.
This Part 2 may be cited as the "OLDS (On-Lot Disposal System) Management
Ordinance of West Manheim Township."
B.
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.
C.
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.
A.
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.
B.
Specific terms. For the purposes of this Part 2, the terms used shall
be construed to have the following meanings:
- ACT
- The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
- ALTERNATIVE SYSTEM
- A system for the disposal of domestic wastewaters not operating below ground level but located on or near the site of the building or buildings being served (e.g., composting toilets, gray water recycling systems, incinerating toilets, spray irrigation and black water recycling systems, etc.).
- AUTHORIZED AGENT
- A licensed sewage enforcement officer, professional engineer or sanitarian, plumbing inspector, soils scientist, or any other qualified or licensed person who is delegated to function within the specified limits as the agent of the Board of Supervisors of West Manheim Township to carry out the provisions of this Part 2.
- BOARD
- The Board of Supervisors of the Township of West Manheim Township, York County, Pennsylvania.
- CODE ENFORCEMENT OFFICER (hereinafter called "CEO")
- An individual employed by the Township to administer and enforce this Part 2 and other ordinances in the Township.
- COMMUNITY SEWAGE SYSTEM
- Any system, whether publicly or privately owned, for the collection of sewage from two or more lots or uses, or two or more equivalent dwelling units, and the treatment and/or disposal of the sewage on one or more of the lots or at any other site and which shall comply with all applicable regulations of the DEP.
- DEP
- The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
- DEVELOPER
- Any person, partnership or corporation which erects or contracts to erect a building on property owned by it with the intent to sell the building to some other party upon its full or partial completion, or upon the conveyance of property on which the building is to be built.
- EQUIVALENT DWELLING UNIT (EDU)
- For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial, or institutional establishment with sewage flows equal
to 400 gallons per day.[Amended 9-2-2010 by Ord. No. 4-2010]
- IMPROVED PROPERTY
- 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.
- INDIVIDUAL SEWAGE SYSTEM
- Any 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 any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal.
- LAND DEVELOPMENT
- A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
- LOT
- A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
- MALFUNCTION
- The condition which occurs when an on-lot sewage disposal system causes pollution to the ground or surface waters, contamination of private or public drinking water supplies, nuisance problems or hazard to public health. Indications of malfunctioning systems include, but are not limited to, foul odors, lush grass growing over the system, backup of wastewater in the attached buildings, soggy ground over the system, surfacing sewage effluent flowing over the ground and occurring at any time of the year.
- MANAGEMENT PROGRAM
- The management program shall encompass the entire area of West Manheim Township serviced by sewage facilities or any other alternative system which discharges into the soils of the Township. All systems shall be operated under the jurisdiction of the West Manheim Township Board of Supervisors regulating the subsurface disposal and/or alternate systems, and other applicable laws of the Commonwealth of Pennsylvania.
- OFFICIAL PLAN
- A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the DEP in accordance with the Act and with applicable DEP regulations. [1]
- OMD
- On-lot management districts.
- ON-LOT SEWAGE DISPOSAL SYSTEM
- Any sewage system disposing of sewage in whole or in part into the soil or any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, and which is located upon the lot which it serves.
- OWNER
- Any person, corporation, partnership, etc., holding deed/title to lands within West Manheim Township.
- PERSON
- Any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of action to comply with the terms of this Part 2, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
- PLANNING MODULE FOR LAND DEVELOPMENT
- A revision to, or exception to the revision of, the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.
- PUMPER/HAULER
- Any person, company, partnership or corporation which engages in cleaning community or individual sewage systems and transports the septage cleaned from these systems.
- PUMPERS REPORT/RECEIPT
- York County Sludge/Septage Manifest and Report (Manifest);
form which shall be used by all licensed pumpers/haulers to report
each pumping of on-lot sewage disposal systems in the Township.[Amended 9-2-2010 by Ord. No. 4-2010]
- REHABILITATION
- Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.
- REPLACEMENT AREA
- An area designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the DEP and all applicable Township ordinances for an individual on-lot sewage system, and shall be protected from encroachment by an easement recorded on the final plan as filed with the York County Recorder of Deeds.
- SEPTAGE
- The residual scum and sludge pumped from septic systems.
- SEWAGE
- Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or any noxious or deleterious substance 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.
- SEWAGE ENFORCEMENT OFFICER (hereinafter called "SEO")
- A person appointed by the Board to administer the provisions of this Part 2 and authorized by the DEP in accordance with Chapter 72, Administration of Sewage Facilities Permitting Program, of Title 25, Rules and Regulations,[2] to perform percolation tests, site and soil evaluation and issue sewage permits for on-lot disposal systems.
- SEWAGE FACILITIES
- Any method of sewage collection, conveyance, treatment, and disposal which will prevent the discharge of untreated or inadequately treated sewage into the waters of this commonwealth or otherwise provide for the safe and sanitary treatment of sewage.
- SEWAGE MANAGEMENT PROGRAM
- A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part 2, the Sewage Facilities
Act,[3] the Clean Streams Law,[4] the regulations promulgated thereunder and such other
requirements adopted by the Board of Supervisors to effectively enforce
and administer this Part 2.[Added 9-2-2010 by Ord. No. 4-2010]
- SINGLE AND SEPARATE OWNERSHIP
- The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
- SUBDIVISION
- A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101 et seq.
- TOWNSHIP
- West Manheim Township, York County, Pennsylvania.
From the effective date of this Part 2, its provisions shall
apply to all persons owning any property in the Township 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 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]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
B.
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.
C.
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.
D.
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.
E.
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.
[2]
Editor's Note: See 25 Pa. Code Ch. 73.
F.
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.
G.
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.
H.
No final Act 247, as amended, approval on a subdivision plan may
begin until Act 537 planning is approved by the Township and DEP.
Any person who shall install new or rehabilitated systems shall
provide a marker or markers (locatable with a metal detector) at ground
level locating the subsurface waste disposal tank and other important
components of the system requiring periodic inspection and maintenance.
Requirements for marker types and locations will be determined by
the Township's SEO. In addition, a riser or access hatch shall
be constructed so as to enable easy access to the waste disposal tank,
and prevent odors from escaping and to prevent children from removing
the hatch. Accessibility for visual inspection and maintenance shall
be provided in the drainage fields via four-inch vertical, non-perforated
PVC pipe connected directly to the drain tile at a minimum of four
locations in the drainage field. If not installed by the Township
or its authorized agent, such installation shall be subject to its
approval.
A.
Requirements.
(1)
After the effective date of this Part 2, a replacement area for an individual on-lot sewage system shall be required for all lots or lots to be created which are not serviced or to be serviced by a community sewage system, or for which a valid permit for installation of an individual on-lot sewage system has not been issued. Lots existing prior to the effective date of this Part 2 shall be exempt from the requirements of this section.
(2)
The
replacement area provided shall comply with the Act and with all regulations
issued by the DEP as incorporated into this Part 2 concerning individual
on-lot sewage systems, including isolation distances, and with the
terms of this Part 2 and any other applicable Township ordinances.
B.
Identification
of replacement area.
(1)
Each
applicant who shall submit a plan for the subdivision or development
of land or who shall apply for a permit for the installation of an
individual on-lot sewage system, or who shall request approval of
a planning module for land development or the adoption of a revision,
exception to revision, or supplement to the Official Plan shall demonstrate
to the satisfaction of the SEO that a suitable area exists on the
lot or on each lot to be created for an initial individual on-lot
sewage system and for the replacement area. The SEO shall perform
or observe all tests required for the location of an individual on-lot
sewage system to confirm the suitability of the replacement area.
Allowance of open land for the replacement area without testing performed
or observed by the SEO shall not constitute compliance with the requirements
of this section.
(2)
The
location of the initial individual on-lot sewage system and the replacement
area as confirmed by the SEO shall be identified on the plot plans
and diagrams submitted as part of the permit application.
(3)
If
the application has been submitted as a part of an application for
subdivision or land development approval or as part of a request that
the Township approve a planning module for land development or amend
its Official Plan, or a request for an exception to the revision of
the Official Plan, the location of each initial individual on-lot
sewage system and each replacement area shall be noted upon the plans.
If the application is for subdivision or land development approval,
a note constituting a permanent easement shall be added to the plans
stating that no improvements shall be constructed upon the replacement
area, and the deed to be recorded for each lot created as part of
the subdivision or land development shall contain language reflecting
this limitation.[1]
(4)
Any
revisions to a permit or plan affecting a replacement area which previously
has been approved pursuant to the provisions of this Part 2 shall
be reviewed for approval by the Board or its authorized representative.
C.
Construction
restrictions.
(1)
The
easement for the replacement area noted upon the plan and recorded
with the York County Recorder of Deeds shall state that no permanent
or temporary improvements of any character, other than shallow-rooted
plant matter, shall be constructed upon the replacement area.
(2)
This
provision shall be enforced by the Township unless the person who
desires to construct such improvements shall demonstrate to the satisfaction
of the SEO that an alternate replacement area which complies with
all applicable regulations of the DEP, this Part 2 and all other applicable
Township ordinances exists upon the lot. If such an alternate replacement
area shall be identified, the alternate replacement area may be considered
to be the replacement area required by this Part 2 and shall be designated
as the replacement area. The newly designated replacement area shall
thereafter be considered the replacement area for the purposes of
this Part 2.
D.
Relief
from replacement area requirement.
(1)
If
any lot held in single and separate ownership as of the effective
date of this Part 2 does not contain land suitable for a replacement
area, the applicant submitting a land development plan or a planning
module for land development or desiring to install an individual on-lot
sewage system may request that the Board grant an exception to the
requirement of providing a replacement area. The applicant for such
an exception shall present credible evidence to the Board demonstrating
that the lot was held in single and separate ownership on the effective
date of this Part 2; the size of the lot; inability of the applicant
to acquire adjacent land or the unsuitability of adjacent land which
might be able to be acquired; and the testing conducted to determine
that the lot is not suitable to provide a replacement area.
[Amended 9-2-2010 by Ord. No. 4-2010]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
(1)
The matter shall be referred to the Township Manager and/or Board
of Supervisors for action.
(2)
The Board may schedule a review at the next scheduled meeting, or,
if the situation threatens the health or safety of the residents of
the Township, the Board may commence an immediate procedure to obtain
a search warrant from the Magisterial District Judge.
(3)
Upon receipt of a search warrant to inspect the property, the authorized agent of the Township shall be accompanied by an officer of the Township Police, and the inspection shall be completed in accordance with this Subsection G.
(4)
Any cost incurred by the Township shall be charged to the property
owner, and, if reimbursement is not made, a lien shall be placed on
the property.
(5)
The provisions of this Subsection G for obtaining a search warrant may be waived only when the Board and its authorized agent have reason to believe that the sewage facilities or alternative system is malfunctioning or being operated improperly such that the situation poses an immediate and substantial safety, water pollution or health hazard.
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system.
B.
The following shall not be discharged into the system:
(1)
Industrial
waste.
(2)
Automobile
oil and other nondomestic oil.
(3)
Toxic
or hazardous substances or chemicals, including, but not limited to,
pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents.
(4)
Clean
surface water or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
[Amended 9-2-2010 by Ord. No. 4-2010]
A.
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.
(2)
Upon completion of each required pumping, the private septage waste
hauler shall fill out and submit a pumper report/receipt, copies of
which shall be provided by the Township by a licensed pumper/hauler.
The private septage pumper/hauler shall provide one copy of the pumper's
report/receipt to the owner and one copy to the Township. Copies must
be received at the Township's business office within 30 days
of the date of pumping.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
[Amended 9-2-2010 by Ord. No. 4-2010]
G.
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.
A.
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.
B.
The owner
shall be charged for the work performed, and, if necessary, a lien
shall be entered therefor in accordance with law.
A.
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.
B.
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.
C.
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]
A.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part
2.
B.
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.
C.
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.
D.
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this Part 2.
E.
The Board may, by resolution, establish a fee schedule, and subsequently
collect fees to cover the cost to the Township of administering this
program.
A.
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.
B.
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.
C.
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.
[Amended 9-2-2010 by Ord. No. 4-2010[1]]
Any person failing to comply with any provision of this Part 2 shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day following the forty-five-day scheduling period provided in § 207-34B hereof that the owner fails to make arrangement for inspection with the Township SEO and/or fails to have the on-site sewage disposal system inspected, certified, and pumped shall constitute a separate and distinct offense.
