[Adopted 4-16-2001 by Ord. No. 96]
This article shall be known and may be cited as the "Pocono
Township On-Lot Sewage Disposal System Management Ordinance."
A.
Word usage. In the interpretation of this article, the singular shall
include the plural, and the masculine shall include the feminine and
the neuter.
B.
ABSORPTION AREA EASEMENT
ACT
AUTHORIZED AGENT
BOARD
COMMUNITY SEWAGE SYSTEM
DEP/DEPARTMENT
DEVELOPER
EQUIVALENT DWELLING UNIT (EDU)
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
LOT
MALFUNCTION
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
OWNER
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PUMPER/HAULER
REHABILITATION
REPLACEMENT ABSORPTION AREA
RETAINING TANK
(1)
(2)
(3)
(4)
(5)
(6)
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE FACILITIES
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SINGLE AND SEPARATE OWNERSHIP
SOIL ABSORPTION SYSTEM
SUBDIVISION
TOWNSHIP
TREATMENT TANK
(1)
(2)
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A portion of a lot, tract, or parcel that encompasses the
primary and replacement absorption area and which shall be delineated
and preserved. The primary and replacement absorption areas need not
be contiguous.
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.
A certified Sewage Enforcement Officer (SEO) or a licensed
pumper/hauler for the Township.
The Board of Commissioners for Pocono Township, Monroe County,
Pennsylvania.
Any system, whether publicly or privately owned, for the
collection of sewage of a liquid nature from two or more lots, 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 Department.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
Any person, partnership, corporation or other legal entity
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.
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.
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 and any waters of the commonwealth of Pennsylvania
or by means of conveyance to another site for final disposition, and
which is located upon the lot which it serves.
Land development includes any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
One or more residential or nonresidential buildings, whether
proposed initially or cumulatively, on a lot or lots, regardless of
the number of occupants or tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.[1]
A parcel of land used or intended to be used as a building
site or separate parcel to be created as a result of approval of a
subdivision or land development application. The term lot shall include
parcels equal to or greater than 10 acres in size where the lot may
be occupied by one or more persons or families.
The condition which occurs when a sewage system causes pollution
to the ground or surface waters of the commonwealth, contamination
of private or public drinking water supplies, nuisance problems or
hazards to public health.
A Comprehensive Plan for the provision of adequate sewage
systems adopted by the Township and approved by the Department in
accordance with the Act and with applicable Department regulations.
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.
Any person having legal title to land within the Township.
Any individual, association, partnership, public or private
corporation whether for profit or nonprofit, trust, firm, 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 imprisonment or the ordering of the action to comply with
the terms of this article, the term "person" shall include the members
of an association, partnership or firm or other legal entity.
A revision to the Township Official Sewage Facilities Plan
submitted in connection with the request for approval of a subdivision
or land development in accordance with the Department regulations.
Any person which engages in cleaning on-lot sewage disposal
systems and transports the septage removed from those systems.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot sewage disposal system.
A location designated as the future location of an OLDS that
shall be installed should the OLDS installed or to be installed fail
or otherwise become inoperable and which shall meet all the regulations
of the Department and all applicable Township ordinances for an OLDS.
Both primary and replacement absorption areas must pass percolation
and probe tests.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes, but is not limited
to the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designated to receive sewage, where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains any waste products or excrement
or other discharge from the bodies of human beings or animals; a substance
harmful to the public health, or to animal or aquatic life or to the
use of water for domestic water supply or for recreation, or a substance
which constitutes pollution to the waters of the commonwealth under
the Clean Streams Law (35 P.S. § 691.1 et seq.), as amended.
A person certified by the Department, who is employed/appointed
by the Board to administer the provisions of this article, the provisions
of the Act, and as further defined in the Act and in Chapters 71,72
and 73 of Title 25 of the Pennsylvania Code.
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 treatment and disposal of sewage or other waste.
The entire Township as designated in the Official Sewage
Facilities Plan.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law,[2] the regulations promulgated thereunder and such other
requirements adopted by the Board to effectively enforce and administer
this article.
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any abutting or adjoining lot.
An on-lot system that uses the renovation capacity of the
soil for final treatment of the effluent. The SEO permitted systems,
except retention tank systems, are soil absorption systems.
The division or redivision of a lot, tract, or other parcel
of land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
lot development. The enumerating of lots shall include as a lot that
portion of the original tract or tracts remaining after other lots
have been subdivided therefrom.
Pocono Township, Monroe County, Pennsylvania.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
C.
Additional definitions. All words within this article which are defined
within Chapter 71, 72 or 73 of Title 25 of the Pennsylvania Code which
are not otherwise defined herein shall have those definitions contained
in said regulations.
A.
From the effective date of this article, its provisions shall apply
to the entire Township. 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.
B.
Notwithstanding
the foregoing, the provisions of this article shall not be applicable
to on-lot sewage disposal system permit applications received by the
Township and in process prior to the effective date of this article.
[Added 9-20-2001 by Ord.
No. 97]
A.
All on-lot sewage disposal systems, regardless of the size of the
lot, tract, or parcel on which they are proposed to be constructed,
must obtain a permit from the Sewage Enforcement Officer (SEO), which
permit shall indicate that the site and the plans and specifications
of such system are in compliance with the provisions of this article,
the Clean Streams Law (35 P.S. § 691.1 et seq.) and the
Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.)
and the regulations adopted pursuant to those Acts. No person shall
install, construct or award a contract for construction, or alter,
repair or connect to an on-lot sewage disposal system or construct,
or request bid proposals for construction, or install or occupy any
building or structure for which an on-lot sewage disposal system is
to be installed without first obtaining said permit.
[Amended 9-20-2001 by Ord. No. 97]
B.
In the event that a sewage permit is issued by the Sewage Enforcement
Officer, it is specifically required that the on-lot sewage disposal
system constructed upon the premises noted on the permit shall not
be covered nor operation of said sewage system permitted until said
system has been inspected and approved by the Sewage Enforcement Officer.
The applicant may cover the installation upon receipt of written approval
by the Sewage Enforcement Officer, or, in the absence of written approval
or disapproval, at the expiration of 72 hours, excepting on Sundays
and holidays, after the system has been inspected by the Sewage Enforcement
Officer unless permission has been specifically refused by the Sewage
Enforcement Officer.
C.
No building or zoning permit shall be issued for a new building which
will contain sewage-generating facilities until a valid sewage permit
has been obtained from the Sewage Enforcement Officer.
D.
No building or zoning permit shall be issued and no work shall begin
on any addition, alteration or conversion of any existing structure,
if said addition, alteration or conversion will result in the increase
or potential increase of sewage flows from the structure, until the
Township's Zoning Officer and the structure's owner receive from the
Sewage Enforcement Officer either a permit for alteration, rehabilitation
or replacement of the existing sewage disposal system or written notification
that such a permit will not be required. The Sewage Enforcement Officer
shall determine whether the proposed addition, alteration or conversion
of the structure will result in increased sewage flows.
E.
No occupancy certificate/permit shall be issued by the Township,
its Zoning Officer or Building Code Official for the occupancy of
any new building, addition, alteration or the change of use of any
building, addition or alteration until the Sewage Enforcement Officer
has informed the Township or said official that the existing or newly
constructed system is complete, operating and has had final inspection
or that no such certification is necessary.
F.
No contractor may proceed to install, construct, rehabilitate or
alter a system without verifying that the property owner has complied
with this section of this article.
G.
Applicants for sewage permits are required to notify the Sewage Enforcement
Officer 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 the Sewage Facilities Act[1] may be scheduled and performed by a Sewage Enforcement
Officer.
[1]
Editor's Note: See 35 P. S. § 750.1 et seq.
H.
No on-lot system shall be altered, extended, augmented, modified
or repaired without the issuance of a repair permit by the SEO.
I.
No on-lot system shall be used or loaded in a manner which is inconsistent
with the permit that was issued to authorize that system's installation.
J.
Permit applications for on-lot sewage disposal systems, which include
electronically, mechanically, hydraulically, or pneumatically operated
or controlled devices shall be accompanied by the respective manufacturer's
recommended maintenance schedule and product specifications.
K.
Only a Sewage Enforcement Officer employed by the Township may issue
sewage permits. DEP shall be notified as to the identity of each Sewage
Enforcement Officer employed by Pocono Township.
A.
A replacement absorption area shall be required for all proposed
lots, which are to be serviced by a soil absorption system.
B.
A replacement absorption area shall be required for all new land
development, as of the effective date of this article, which is intended
to be served by a soil absorption system, but for which a permit to
install an on-lot sewage disposal system has not been issued.
C.
If the property with respect to which an on-site sewage disposal
permit was issued does not have a designated replacement absorption
as of the effective date of this article, and a lot owner applies
only for an addition or alteration to an existing building on the
lot which does not involve any expansion of nor alterations to the
existing on-site sewage disposal system, a replacement absorption
area will not be required.
[Amended 9-20-2001 by Ord. No. 97]
D.
Allowance of open land for the replacement absorption area, without
performance of appropriate soil probes and percolation testing to
verify suitability of the land for a replacement absorption area,
shall not constitute compliance with the requirements of this section.
E.
The location of the primary and replacement absorption areas shall
be delineated and identified as an absorption area on the plot plans
and maps or diagrams submitted as part of the permit application and
subdivision or land development plan. Both the primary and replacement
absorption areas must pass percolation and probe tests witnessed by
the Township Sewage Enforcement Officer.
[Amended 9-20-2001 by Ord. No. 97]
F.
The following shall apply with respect to designated absorption areas:
[Amended 9-20-2001 by Ord. No. 97]
(1)
No improvements, whether permanent or temporary, shall be constructed
upon or within the absorption area.
(2)
No permanent or temporary alterations, grading, excavation, stockpiling
of any soil or any other material shall take place on or in the absorption
area.
(3)
During any construction or other activities, the absorption area
shall be adequately marked to prevent equipment with greater wheel
loadings than a common garden tractor/riding mower from traveling
over or operating upon the surface of the absorption area.
(4)
The final cover or improvement to every absorption area shall be
limited to shallow-rooted plant matter (grass).
G.
Altering or terminating absorption area.
[Amended 9-20-2001 by Ord. No. 97]
(1)
A lot owner who desires to alter or terminate an absorption area
must first establish, through a site evaluation by the SEO and with
percolation test and soil probe results, that a substitute area suitable
for the installation of an on-lot sewage disposal system exists. If
the SEO concurs that the proposed substitute area is suitable for
the installation of an on-lot sewage disposal system, the lot owner
shall submit an amendment to the sewage permit application/sewage
permit on file with the Township with the information and in the format
then required by the Township for new on-site sewage permit applications,
together with the appropriate fee as established by resolution of
the Board of Commissioners.
(2)
In the event there is a recorded plan which depicts the replacement absorption area and/or absorption area that is being terminated, the lot owner shall submit to the Township a revised plan of the lot which depicts both the replacement absorption area being terminated and the substitute replacement absorption area which plan shall meet the requirements of, and be reviewed and approved in accordance with, the requirements of Chapter 390, Subdivision and Land Development, of the Code of the Township of Pocono.
H.
Within 90 days of the approval of the plan required by § 333-19G(2) of this article, if applicable, the lot owner shall record the same in the Monroe County Recorder of Deeds' office. Failure to do so shall result in said approval automatically becoming null and void.
[Amended 9-20-2001 by Ord. No. 97]
I.
The lot owner shall provide a copy of the recorded plan (pursuant to § 333-19H of this article) to the Township, and, until receipt of the same, no sewage or building permits shall be issued which would permit land development in accordance with the change to the recorded absorption area.
[Amended 9-20-2001 by Ord. No. 97]
A.
All applications for on-lot sewage disposal systems which propose
to use an individual residential spray irrigation system as the treatment
method shall be accompanied by one of the following:
(1)
An operation and maintenance agreement in form and substance satisfactory
to the Township between the lot owner and an individual, firm, corporation
or other legal entity experienced in the operation and maintenance
of individual residential spray irrigation systems; or
(2)
An operation and maintenance agreement in form and substance satisfactory
to the Township between the landowner and an association, trust or
other legal entity, which is structured to provide, and which accepts
the responsibility for, the proper operation and maintenance of the
individual residential spray irrigation system.
B.
Applications for individual residential spray irrigation systems
shall be accompanied by a financial guarantee in the form of an irrevocable
letter of credit from a federally or commonwealth chartered lending
institution authorized to do business in the Commonwealth of Pennsylvania;
a lending or escrow account in such a lending institution; or other
financial security acceptable to the Board as follows:
(1)
From the date the permit application is submitted to the SEO or Township
and continuing for a period ending two years after the completed system
installation is approved by the SEO, the amount of the financial guarantee
shall be equal to the contract price for the installation of the individual
residential irrigation system and all piping, tankage, and other related
system components.
(2)
Beginning two years after the date the completed system's installation
is approved by the SEO and continuing for the system's design life,
the financial guarantee shall be reduced to an amount not less than
10% of the actual construction cost for the installation of the individual
residential irrigation system and all piping, tankage, and other related
system components.
C.
The financial guarantee shall assure that the Township has access
to sufficient funds to operate, maintain, repair, or replace any component
of the individual residential spray irrigation system in the event
that the owner:
(1)
Fails to maintain the system or any of the system's components according
to the manufacturer's specifications;
(2)
Fails to service, clean, inspect, and/or pump the treatment tank(s)
according to the other applicable standards of this article;
(3)
Fails to conduct testing and monitoring at least annually or more
frequently if required by DEP regulation and report the results of
any laboratory analysis to the Township; or
D.
The Township shall have the right to draw upon said financial guarantee
and apply the funds to the repair, operation or maintenance of the
system when:
(1)
The system is not maintained according to the standards of this article,
applicable DEP regulations, or the manufacturer's specifications;
(2)
The treatment tank(s) are not serviced, cleaned, inspected and/or
pumped according to the applicable standards of this article;
(3)
The testing and monitoring are not conducted according to the standards
of this article; or
E.
If at any time the Township draws on the financial guarantee, the owner shall, upon 10 days' written notice, provide the Township with such additional financial guarantees as are necessary to restore the amount of the financial guarantee to the amount then required pursuant to Subsection B above.
A.
An authorized agent may inspect any on-lot sewage disposal system
at any reasonable time after the effective date of this article with
the permission of the owner or occupant of the property.
B.
On-lot sewage disposal inspections can include a physical tour of the property, the taking of samples from surface waters, wells, other groundwater sources, the sampling of the contents of the on-lot sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served by said system to ascertain the path and ultimate destination of wastewater generated in the structure. In the event an owner or occupant shall refuse permission for any type of inspection which the authorized agent believes to be necessary to make an adequate determination as to whether the on-lot sewage disposal system is functioning properly and/or the extent of any malfunction, the authorized agent shall note that fact in the written reports issued by the authorized agent pursuant to § 333-23 of this article.
C.
Each owner, at the owner's cost and expense, shall arrange for and have an authorized agent of Pocono Township conduct an initial inspection conforming to the schedule in § 333-25 of this article for the purpose of determining the type and functional status of each on-site sewage disposal system in each respective sewage management district. The authorized agent shall prepare a written report of the results of the inspection, a copy of which shall be furnished to the owner of the property inspected and a copy of which shall be provided to Pocono Township to be maintained in the Township's records. The ultimate responsibility for ensuring that Pocono Township has received a copy of such written report shall be upon the owner.
D.
After the initial inspection referred to in Subsection C above, each owner, at the owner's cost and expense, shall arrange for, and have performed, routine inspections by an authorized agent in conjunction with the minimum pumping schedule for that owner's property as provided in § 333-25 of this article, to assure the on-lot sewage disposal system continues to function properly. The authorized agent shall prepare a written report of the results of the inspection, a copy of which shall be furnished to the owner of the property inspected and a copy of which shall be provided to Pocono Township to be maintained in the Township's records. The ultimate responsibility for ensuring that Pocono Township has received a copy of such written report shall be upon the owner.
E.
In the event an inspection reveals that an on-lot sewage disposal system is malfunctioning, Pocono Township and the owner shall proceed in accordance with the provisions of § 333-27 of this article.
F.
If at any time there is a geographic area where numerous on-lot sewage
disposal systems are malfunctioning, a resolution of these area-wide
problems may necessitate detailed planning and a revision to the portion
of the Sewage Facilities Plan pertaining to areas affected by such
malfunctions. If a DEP-authorized Official Sewage Facilities Plan
revision has been undertaken, repair or replacement of individual
malfunctioning on-site sewage disposal systems within the area affected
by the revision may be delayed pending the outcome of the plan revision
process. However, immediate corrective action will be required whenever
a malfunction, as determined by Pocono Township Officials 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. 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 and other solvents; and
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps, and french drains.
A.
The owner of the property upon which an on-lot sewage disposal system
is constructed shall at all times operate and maintain the on-lot
sewage disposal system and the area around the system in such condition
as will permit it to function in the manner it was designed and to
prevent a malfunction.
B.
In an event a lot owner detects conditions that indicate or could
reasonably indicate a malfunction, the lot owner shall contact the
SEO and, if repair and replacement is necessary, apply for a permit
to repair or replace the malfunctioning system within 14 days after
the determination by the SEO that repair or replacement is necessary.
(1)
Owners who disclose to the SEO the presence of a malfunction upon
their lands shall not be penalized for the disclosure, provided that
voluntary repairs are scheduled and commenced with 60 days after the
determination by the SEO that repair or replacement is necessary,
and completed within 90 days after the determination by the SEO that
repair or replacement is necessary, unless seasonal or unique conditions
mandate a longer period, in which case the Township shall set an extended
commencement and/or completion date.
(2)
Notwithstanding the foregoing, the Township may compel or take immediate
corrective action whenever a malfunction represents a public health
hazard or environmental threat.
(3)
If a lot owner that has disclosed the presence of a malfunction fails
to make voluntary repairs, the Township may, in addition to any other
rights or remedies available to it, seek injunctive or other relief
to compel the repair of the malfunction or cause the repairs to be
effectuated. In the event the Township causes the repairs to be effectuated,
all costs and expenses incurred by the Township in relation to the
same shall be borne and paid by the lot owner upon demand, and shall
constitute a lien against the property until paid.
C.
Every aerobic or septic treatment tank which discharges effluent to a soil absorption area or to an individual residential spray irrigation system shall be pumped out according to the schedule in § 333-25 of this article. If a component's manufacturer recommends or requires a more frequent pumping interval than that contained in this article, the Township shall be notified of that fact and that interval shall be deemed to be the minimum interval for pumping.
D.
When an on-lot sewage disposal system's treatment tank(s) is/are
pumped out, all dosing tanks, lift tanks and other tanks associated
with the system shall also be pumped out.
E.
Retaining tanks shall be pumped out at such intervals as will prevent
overflow, leakage, backup, other malfunction, or a public health hazard
or nuisance, but no less frequently than what is recommended by the
manufacturer.
F.
Upon completion of each required pumping, the pumper/hauler shall:
G.
The first time an on-lot sewage disposal system's tank(s) are pumped,
the pumper reports shall include the following minimum information
which shall be developed, discovered or otherwise obtained as the
result of a system inspection conducted according to the then-current
inspection protocol of the Township (Pocono Township On-Lot Sewage
Disposal System Sludge Manifest):
(1)
Date of pumping, tank capacity, and material.
(2)
Name and address of system and lot owner.
(3)
Property address where tank is located, if different from owner's.
(5)
Presence and condition of baffles in ALL tanks and ALL compartments.
(6)
Permit number and date existing system was installed (if known, month/year).
(7)
List of maintenance performed (if available).
(8)
Indications of system malfunction observed.
(9)
Amount (gallons) of septage, sludge, or other material removed.
(10)
DEP permit number and site name for destination of the septage.
(11)
Pumper/hauler truck operator's and pumper/hauler business owner's
signature(s).
H.
Initial and periodic tank pumping shall be performed in accordance
with these minimum standards unless an equipment manufacturer specifies
other standards:
I.
Periodic tank pumping shall include an inspection and a report to
the Township on forms provided by the Township regarding the presence
of any or all of the following:
(1)
Defective tank components (lids, baffles, dividers, etc.).
(2)
Water level above outlet pipe elevation.
(3)
Backflow from the absorption area following pump out.
(4)
Inflow from the building(s) served to verify connection to the building(s).
(5)
Presence of surface discharge, ponding or other signs of malfunction
in the vicinity of the absorption area.
J.
Any person owning a building served by an aerobic treatment tank
or an on-lot sewage disposal system, which includes any electrically,
mechanically, hydraulically, or pneumatically operated or controlled
device, shall follow the maintenance recommendations of the equipment's
manufacturer.
(1)
If not on file with the Township, a copy of the manufacturer's recommendations
and owner's manual shall accompany the pumper's report the first time
the system is pumped after the effective date of this article.
(2)
Owners of systems with components requiring periodic maintenance
shall submit receipts as proof that maintenance/service was performed
at the intervals called for and in a manner consistent with the various
components' manufacturer.
(4)
At the time of the first inspection/pumping, the system owner must
have all risers installed and raised to grade of the land if not already
preexisting.
K.
The SEO may require additional maintenance activities including,
but not limited to, cleaning or unclogging of piping, servicing or
repair of mechanical equipment, leveling of distribution boxes, tanks
and lines, removal of obstructing roots or trees, and diversion of
surface water away from soil absorption areas.
L.
In addition to the foregoing, grease traps shall be inspected a minimum
of once every six months and pumped out a minimum of once a year.
Grease shall be pumped out, hauled and disposed of in accordance with
the same requirements as septage. The grease trap baffles and structural
integrity shall be checked each time the trap is pumped out. A written
statement from the pumper/hauler stating that the grease trap is in
good working order shall be provided to the Township; otherwise the
Township shall be promptly notified in writing of any deficiencies
found.
All pumper/hauler businesses operating within the Township shall
annually, by the last business day of December:
A.
Register with the Township and comply with all reporting requirements
established herein;
B.
Operate in a manner consistent with the provisions set forth by the
Township;
C.
Provide a current fee schedule for all services required under this
article; and
D.
Provide documentation that all septage pumped from properties within
the Township boundaries will be delivered to a DEP-approved site or
facility.
A.
The Township is hereby divided into five districts, designated District
1, 2, 3, 4, and 5 as illustrated on the Management District Map which
is attached to this article as Appendix A and incorporated herein
by reference.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter..
B.
Every on-lot sewage disposal system in the Township shall be inspected
and every tank associated with every such system shall be pumped,
in accordance with the provisions of this article, at least one time
by August 31, 2006. Notwithstanding the immediately preceding sentence,
if an owner had its system pumped within one year immediately prior
to the date of adoption of this article, and acceptable written proof
of such pumping is submitted to the Township on or before the date
initial system inspection and pumping of that system is otherwise
required pursuant to the provisions of this article, the owner shall
have until August 31, 2006, to have its system initially inspected
and pumped, regardless of the Management District in which the owner's
property is located.
[Amended 11-21-2005 by Ord. No. 119; 6-5-2006 by Ord. No. 124]
C.
The requirements of this section shall become effective in a sequential
manner as follows:
[Amended 8-19-2002 by Ord. No. 105; 11-21-2005 by Ord. No. 119; 6-5-2006 by Ord. No. 124]
Area
|
First Pumping and Inspection Completed by
| |
---|---|---|
Area 1
|
June 30, 2003
| |
Area 2
|
June 30, 2003
| |
Area 3
|
December 31, 2003
| |
Area 4
|
December 31, 2004
| |
Area 5
|
August 31, 2006
|
E.
After the initial inspection and pumping, all tanks in all on-lot sewage disposal systems shall be pumped out at a minimum regular interval of once every four years from the year of either the initial pumping or a subsequent pumping. All inspections and pumping shall be performed by an authorized agent, arranged for by the property owner, at the owner's cost and expense. The authorized agent shall prepare the pumping and inspection reports as specified in § 333-23 of this article, a copy of which shall be furnished to the owner of the property inspected/pumped and a copy of which shall be provided to Pocono Township to be maintained in the Township's records. The ultimate responsibility for insuring that Pocono Township has received a copy of such written reports shall be upon the owner.
F.
Owners may choose to have their system inspected and tanks pumped out more frequently than required by this section of this article. In the event of a more frequent inspection and pumping by performed by an authorized agent, and the receipt by Pocono Township of the report and certification by such authorized agent as specified in Subsection E above, the date of the subsequent required regular inspection and pump out shall be deemed to be the last day of the month four years after such voluntary inspection and pump out. The ultimate responsibility for insuring that Pocono Township has received a copy of such written report shall be upon owner.
G.
In the event Pocono Township shall not have received a copy of the
required written inspection/pumping reports for any property by the
expiration of the inspection/pumping period applicable to that property,
Pocono Township shall provide written notification of that fact by
United States Registered or Certified Mail to the owner at the address
of the owner as set forth in the Monroe County real estate tax assessment
records, and request the owner to provide a copy of the required written
reports to Pocono Township within 30 days of the date of such notice.
Failure of the owner to provide a copy of the required written reports
to Pocono Township within 30 days of the date of such notice shall
constitute a violation of this article.
A.
In the event of a suspected or reported malfunction, the SEO or other
authorized agent shall attempt to contact the owner and/or occupant
of the property to obtain permission to enter upon that property during
reasonable hours for the purposes of further inspection to attempt
to determine whether a malfunction does in fact exist and the extent
of the same. In the event that access to inspect the property is denied,
the Township shall proceed according to law to obtain a search warrant
and conduct the inspection. If a search warrant is obtained and a
malfunction is discovered or confirmed as a result of that inspection,
all costs incurred by Pocono Township in obtaining the search warrant,
including but not limited to all legal fees and expenses, shall be
borne by the owner, be payable on demand and shall be lienable as
a municipal claim against the property to the extent allowed by law.
B.
If the property appears to be vacant, written notice shall be given
by the SEO or other authorized agent, by registered or certified and
ordinary United States Mail to the address of the owner as set forth
in the Monroe County real estate tax assessment records, and by posting
a copy of the same at the entrance to the structure or other place
where it is likely to be seen by the owner or occupant, informing
such owner that Pocono Township desires access to the property to
inspect the same for a possible on-lot sewage disposal system malfunction,
and advising the owner that if no objection to such desired access
to the property is received by the SEO or other authorized officer
who sent the notice within 10 days of the date of the notice, it will
be presumed that the SEO or other authorized officer has permission
to enter in and upon such property for making such inspection. If
the owner or occupant does notify the SEO or other authorized officer
who sent the notice within 10 days of the date of the notice, or at
the time of the desired inspection, that they will not permit access
to the property, the Township shall proceed according to law to obtain
a search warrant and conduct the inspection. If a search warrant is
obtained and a malfunction is discovered or confirmed as a result
of that inspection, all costs incurred by Pocono Township in obtaining
the search warrant, including but not limited to all legal fees and
expenses, shall be borne by the owner, be payable on demand and shall
be lienable as a municipal claim against the property to the extent
allowed by law.
C.
If an inspection reveals that an on-lot sewage disposal system is malfunctioning, or if a malfunction can be observed from an off-property location without an on-property inspection being conducted, the Township shall follow the procedures set forth in § 333-27 of this article.
D.
In the event that an owner fails to fully perform owner's responsibilities as set forth in § 333-27 of this article after being provided with notice from the Township as provided therein, upon written report from the SEO that an imminent health hazard exists due to the failure of a property owner to properly operate, maintain, repair or replace an on-lot sewage disposal system as required by the provisions of this article, the Board shall have the authority to perform or contract to have performed, any repairs or replacements as may be directed by the SEO or the DEP to abate the health hazard.
E.
All costs, fees, and expenses of any such repairs or replacements,
including but not limited to the costs for actual repairs, repair
permits and site investigations in support of the permit, as well
as all other costs, fees and expenses, including but not limited to
legal fees, related to any enforcement or collection efforts on the
part of the Township, shall be borne and paid by the owner upon demand,
and the Township may take whatever action is necessary to recover
these costs, fees and expenses in accordance with law, including entering
a lien against the property.
F.
In addition to the foregoing, but not in limitation thereof, the
Township may also seek injunctive relief to prevent continued use
of the property serviced by a malfunctioning on-lot sewage disposal
system, as well as pursue any and all other rights and remedies as
provided by this article or which may be otherwise available to the
Township at law or in equity.
A.
The Township shall require corrective action whenever a malfunction
is identified.
(1)
The Township shall issue a written notice of violation to any person
who is the owner of a property in the Township on which is found a
malfunctioning on-lot sewage disposal system, or on which raw or partially
treated sewage is being discharged without a permit.
(2)
Within 14 days of notification by the Township that a malfunction
has been identified, the owner shall make application to the Township
for a repair permit to abate the malfunction.
(3)
Within 60 days of the original notification by the Township, construction
of the permitted repair or replacement shall commence unless seasonal
or unique conditions mandate a longer period, in which case the Township
shall set an extended commencement date.
(4)
Within 90 days of the original notification by the Township, the
repair or replacement shall be completed unless seasonal or unique
conditions mandate a longer period, in which case the Township shall
set an extended completion date.
B.
The Township shall require, or may take, immediate corrective action
whenever a malfunction represents a public health hazard or environmental
threat.
C.
The SEO shall require the repair of malfunctions by any of the following
methods, either individually or in combination, which are consistent
with the DEP's policies regarding best technical guidance (BTG):
(1)
Cleaning.
(2)
Repair and/or replacement of components of the existing system.
(3)
Adding capacity or otherwise altering or replacing the system's treatment
tank.
(4)
Expanding or replacing the existing absorption area.
(5)
Replacing a gravity distribution system with a pressurized system.
(6)
Replacing the system with a holding tank.
(7)
Installation or replacement of existing water-consuming devices,
fixtures or equipment with water-conserving devices, fixtures or equipment
and/or the institution of water conservation practices noted by the
Sewage Enforcement Officer and submitted to the Township.
(8)
Limiting or eliminating the use of laundry facilities noted by the
Sewage Enforcement Officer and submitted to the Township.
(9)
Other alternatives as appropriate for the specific site to lessen
or mitigate the malfunction to the greatest extent possible.
D.
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, is not technically or financially
feasible in the opinion of the SEO and a representative of DEP; then
partial correction of the malfunction is required by the owner in
a manner satisfactory to the SEO and the DEP.
E.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing on-lot system, the owner
may be required to apply for a permit to install a single residence
treatment and discharge system. Upon receipt of said permit, the owner
shall complete construction of the system within 30 days.
The Township, upon written notice from an SEO pursuant to § 333-26D of this article 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 article, shall have the authority to perform, or contract to have performed, the work to correct or abate the malfunction, and the owner shall be charged for the work performed and, if necessary, a lien shall be entered therefor against the property in accordance with law.
A.
All septage 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.) and other applicable laws and at sites or facilities approved
by DEP. Approved sites or facilities shall include the following:
sewage treatment facilities, wastewater treatment plants, composting
sites, and approved farmlands.
B.
Pumper/haulers of septage operating within the Township shall operate
in a manner consistent with the provisions set forth by the Township
and all other applicable laws.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes, regulations and ordinances to effectuate the purposes
of this article.
B.
The Township shall employ qualified individuals to carry out the
provisions of this article. Those employees shall include a Sewage
Enforcement Officer and may include an administrator and such other
persons as may be necessary. The Township may also contract with private
qualified persons or firms as necessary to carry out the provisions
of this article.
C.
All permits, records, reports, files and other written materials
relating to the installation, operation, maintenance and malfunction
of on-lot sewage disposal systems in the Township shall become the
property of, and be maintained by, the Township. Existing and future
records shall be available for public inspection during regular business
hours at the municipal office of the Township. All records pertaining
to sewage permits, building permits, occupancy permits, and all other
aspects of the sewage 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 article.
E.
The Board may by resolution establish and revise forms and a fee
schedule, and authorize the collection of fees to cover the costs
of the Township, in administering this article.
A.
Appeals from the determination of the Sewage Enforcement Officer
or other authorized agent under this article, shall be filed with
the Board of Commissioners. Such appeals shall be in writing, signed
by the appellant, addressed to Board of Commissioners at the Township's
business office and be filed within 30 days of the date of the determination
appealed from. The appeal shall set forth the determination appealed
from, the reason or basis for the appeal and the relief sought.
B.
Hearings. The Board of Commissioners shall conduct hearings and make
decisions pursuant to the Act of December 2, 1968 (P.L. 1133, No.
353), known as the "Local Agency Law,"[1] and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the Sewage Enforcement
Officer or other authorized agent whose determination is being appealed
and such other persons as the municipality shall designate by ordinance,
to any person who has made timely request for the same and to such
other persons as the Board of Commissioners shall determine. Written
notice shall be given at such time and in such manner as shall be
prescribed by rules of the Board of Commissioners, but shall be given
not less than 15 days prior to said hearing.
(2)
The municipality may prescribe reasonable fees with respect to hearings,
which may include notice and advertising costs and necessary administrative
overhead connected with the hearing.
(3)
The hearing shall be held within 60 days after the date the appeal
is properly filed with the Board of Commissioners, unless the appellant
has agreed, in writing, to an extension of time.
(4)
The hearing shall be conducted by the Board of Commissioners, two
of the members of which shall constitute a quorum.
(5)
The decision of the Board of Commissioners shall be made in writing
within 45 days after the conclusion of the hearing, unless the appellant
has agreed, in writing, to an extension of time, and shall be communicated
to the appellant and any other parties who have entered their written
appearance and requested a copy of the decision, at the addresses
provided by them either by personal delivery or by United States First
Class Mail, postage prepaid.
(6)
The Chairman or acting Chairman of the Board of Commissioners or
presiding officer shall have the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
(7)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence.
Reasonable examination and cross-examination shall be permitted.
(8)
Formal Rules of Evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(9)
The Board of Commissioners may, but is not required to, make a stenographic
record of the proceedings. In the event a stenographic record of the
proceedings is not provided by the Board of Commissioners, a stenographic
record shall be made and kept at the request of any party agreeing
to pay the costs thereof. Any party or other person desiring a copy
of the stenographic record shall order the copy directly from the
stenographer who prepared the same and shall pay the cost imposed
by the stenographer for the copy directly to the stenographer.
(10)
The Board of Commissioners shall not communicate directly or
indirectly with any party or any party's representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memorandum, or other materials, except advice from
their solicitor, unless the parties are afforded an opportunity to
contest the material so noticed and shall not inspect the site or
its surroundings after the commencement of hearings with any party
or any party's representative unless all parties are given an opportunity
to be present.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
C.
Relief from replacement area requirement.
(1)
If any unimproved lot held in single and separate ownership, which
is in existence upon the effective date of this article, does not
contain suitable land for both a primary and replacement absorption
area, the owner may apply to the SEO for relief from the requirement
for a replacement absorption area.
(2)
At a minimum, owners seeking relief shall present documentation or
other evidence to the SEO demonstrating:
(a)
That the lot was held in single and separate ownership on the
effective date of this article and continues to be so held;
(b)
The size of the lot;
(c)
The locations and results of soil evaluations and tests conducted
on the lot which establish that the soil conditions on the lot are
of an extent and/or nature that only a primary absorption area can
exist on the lot;[2]
(d)
Any other information which the owner believes supports the
owner's request.
(3)
Within 21 days after complete receipt of the foregoing by the SEO,
the SEO, after conducting such site inspections as are deemed reasonably
necessary by the SEO to enable a determination to be made, shall render
a written determination to the owner granting or denying the request.
Failure of the SEO to render a written determination within said twenty-one-day
period shall be deemed to be a denial of the request.
D.
No lot shall be completely exempted from the requirements of § 333-25 of this article regarding initial system inspection and/or periodic tank pumping.
(1)
The required pump-out frequency for treatment tanks may be altered
by the Township. The SEO may reduce (shorten) the interval between
pump outs to assure proper operation of the system based on:
(2)
The SEO may lengthen the required pump-out interval upon application
where the owner can demonstrate that the system can operate properly
without the need for pump out for a period longer than four years,
provided that supporting documents conclusively verify:
(a)
Reduced system loading; or
(b)
Accumulation of sludge, scum or other residual materials to
a level of less than 1/3 the liquid capacity of the tank; or
(c)
For aerobic tanks, the manufacturer's recommendations that indicate
a greater interval are appropriate;
(d)
A report from the SEO resulting from a site evaluation indicating
that no apparent malfunction exists on the property;
(e)
The system is consistent with the permit that was issued for
the property.
(3)
Any altered pumping frequency shall automatically end when the factors
upon which the altered requirements are predicated are removed or
are no longer applicable.
A.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. All fines, penalties, costs and
reasonable attorney's fees collected for the violation of this article
shall be paid to Pocono Township for its general use.[1]
B.
Any pumper/hauler which has been convicted on two occasions for violations
of this article, or with respect to which a final determination has
been made by the DEP or a court of competent jurisdiction that there
has been a violation of the conditions of the pumper/hauler's DEP
permit relating to the handling, treatment, or disposition of septage
materials, or of any state law or other Township ordinance governing
the operations of the pumper/hauler, shall be barred from operating
within the Township for a period of not less than six months nor more
than two years, as determined by the Board.