[Adopted 1-26-2009 by Ord. No. 707 (Ch. 18, Part 5, of the
1981 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
The Act of January 24, 1966, P.L. 1535 as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
Any on-lot sewage systems so designated as an alternate type
by the Department of Environmental Protection.
A Certified Sewage Enforcement Officer, Code Enforcement
Officer, Professional Engineer, Plumbing Inspector, Municipal Secretary,
or any other qualified or licensed person who is delegated by the
municipality to function within the specified limits as the agent
of the municipality to carry out the provisions of this article.
The Council, Peters Township, Washington County, Pennsylvania.
An individual employed by or in place as an independent contractor
by the municipality to administer and enforce other ordinances in
the municipality.
Any system, whether publicly or privately owned, for collection
of sewage from two or more residences or commercial buildings, and
the treatment and/or disposal of the sewage on one or more lots or
at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A system of piping, tanks or other facilities serving a single
lot and a single residence or commercial building and collecting and
disposing of sewage in whole or in part into the soil or into any
waters of the commonwealth.
The condition which occurs when an on-lot sewage disposal
system or holding tank discharges sewage onto the surface of the ground,
into groundwaters of the commonwealth, into surface waters of the
commonwealth, backs up into the building connected to the system,
or otherwise causes a nuisance 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 of the conditions noted above occur for any length of time
during any period of the year.
Any time the municipality's Sewage Enforcement Officer
determines a parcel or lot as marginal soils after properly testing
said parcel or lot.
Peters Township, Washington County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the municipality and approved by the
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act.[1]
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual and community
sewage systems, including, but not limited to, drip irrigation, AB
soil and community systems and any other currently DEP-approved and
sewage disposal systems or which may be approved by DEP in the future
it being the intent of this article to address all such systems.
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 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.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
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 Stream Law," as amended.[2]
The designated official of the municipality certified by
the Commonwealth of Pennsylvania, who issues and reviews permit applications
and conducts such investigations and inspections as are necessary
to implement Act 537 and the rules and regulations promulgated thereunder
which includes the WCSC/Council.
Any area or areas of a municipality for which a sewage management
program is recommended by the municipality's adopted Act 537
Official Sewage Facilities Plan. A sewage management district may,
or may not, encompass the entire municipality.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article and other administrative
requirements adopted by the municipality to effectively enforce and
administer the article.
The Washington County Sewage Council, an intergovernmental
cooperative organization which provides certain services to member
municipalities.
From the effective date of this article, its provisions shall
apply in any portion of the municipality.
A.
Any supplements or revisions or exemptions to the Municipality's
Official Sewage Facilities Plan which are prepared pursuant to the
applicable regulations of the Pennsylvania Department of Environmental
Protection for subdivision or development of land with marginal soils
within the municipality shall provide for the testing, identification,
and reservation of an area of each lot or developed property suitable
for the installation of a replacement on-lot sewage disposal system.
This requirement is in addition to the testing, identification and
reservation of an area for the primary sewage disposal system.
B.
No permit shall be issued for any proposed on-lot sewage disposal
system on any newly created or subdivided property in any sewage management
district that has any lots designated as marginal soils unless and
until a replacement area is approved, identified and reserved for
the lots with the marginal soils designation. The replacement area
must be identified on the land survey at the time of subdivision approval.
This section shall only apply when revising the Official Sewage
Facilities Plan and should only be applicable to the area affected
by such revision.
A.
Any on-lot sewage disposal system may be inspected by the municipality's
authorized agent at any reasonable time as of the effective date of
this article.
B.
The inspection may include a physical tour of the property, the taking
of samples from surface water, wells, other groundwater sources, the
sampling of the contents of the sewage disposal system itself and/or
the introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and ultimate destination
of wastewater generated in the structure.
C.
The municipality's authorized agent shall have the right to
enter upon land for purposes of inspection described above.
D.
An initial inspection shall be conducted by the municipality's
authorized agent within one year of the effective date of this article
for the purpose of determining the type and functional status of each
on-lot sewage disposal system in the sewage management district. The
written report shall be furnished to the owner of each property inspected
as evidence of said inspection and a copy of said report shall be
maintained in the municipal records.
E.
A schedule of routine inspections may be established by the municipality,
if necessary, to assure the proper function of the on-lot sewage disposal
systems in the sewage management district.
F.
The municipality and its authorized agent shall inspect systems known
to be, or alleged to be, malfunctioning. Should said inspections reveal
that the system is indeed malfunctioning; the municipality and its
authorized agent shall take action to require the correction of the
malfunction. If total correction is not technically or financially
feasible in the opinion of the authorized agent and a representative
of DEP, then action by the property owner to mitigate the malfunction
shall be required.
G.
There may arise geographic areas within the municipality where numerous
on-lot sewage systems are malfunctioning. A resolution of these area-wide
problems may necessitate detailed planning and a municipality-sponsored
revision to the area's Act 537 Official Sewage Facilities Plan.
When a DEP-authorized Official Sewage Facilities Plan revision has
been undertaken by the municipality, mandatory repair or replacement
of individual malfunctioning sewage disposal systems within the proposal
area may be delayed, at the discretion of the municipality, pending
the outcome of the plan revision process. However, the municipality
may compel immediate corrective action whenever a malfunction, as
determined by the Municipal officials and DEP, represents a serious
public health or environmental threat.
Only normal domestic wastes shall be discharged into any on-lot
sewage disposal system. The following shall not be discharged onto
the system:
A.
Industrial wastes;
B.
Automobile oil and other non-domestic oil;
C.
Toxic or hazardous substances or chemicals, including, but not limited
to, pesticides, disinfectants, acids, paints, paint thinners, herbicides,
gasoline and other solvents; or
D.
Clean surface- or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and french drains.
A.
The provisions of this article are not applicable to conventional
leach field and conventional sand mound sewage systems.
B.
The provisions of this article are applicable to all new alternate
systems currently listed in the DEP Alternate Systems Guidance Manual
as well as other alternate on-lot systems subsequently approved by
the Pennsylvania Department of Environmental Protection (DEP).
C.
The provisions of this article are applicable to community on-lot
disposal systems, small stream discharge systems, and holding tanks.
D.
The provisions of this article are applicable to on-lot disposal
systems located in subdivisions with marginal soil conditions for
long-term use of on-lot sewage disposal.
E.
The WCSC shall prepare and approve by resolution, rules, regulations
and requirements for on-lot sewage disposal systems applicable to
this article including permitting approval and maintenance of said
systems.
F.
In order to have a permit issued for a new on-lot sewage disposal
system covered by this article, the property owner must post a bond
and/or security when required as acceptable by the municipality and
in the amount set by the municipality at the time the permit is to
be issued.
A.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
article. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.[1]
B.
The penalty for actual malfunctions of any on-lot sewage disposal
system will come under the rules and regulations of the Pennsylvania
Code, Title 25, Chapter 73, and the Pennsylvania Consolidated Statutes
(Health and Safety), Title 35, § 150.14, Nuisance, and Title
35, § 750.13, Penalties.
