[Adopted 7-9-2014 by Ord.
No. 129[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. III, On-Lot Sewage Management, adopted 3-26-2014 by
Ord. No. 127.
A.
This article shall be known and may be cited as the "Potter Township
Amended On-Lot Sewage Management Ordinance."
B.
In accordance with municipal codes, the Clean Streams Law (Act of
June 27, 1938, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1
to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January
24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq.,
known as "Act 537"), it is the power and the duty of Potter Township
to provide for adequate sewage treatment facilities and for the protection
of the public health by preventing the discharge of untreated or inadequately
treated sewage. The Official Sewage Facilities Plan for Potter Township
indicates that it is necessary to formulate and implement a Sewage
Management Program, to effectively prevent and abate water pollution
and hazards to the public health caused by improper treatment and
disposal of sewage.
C.
The purpose of this article is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further permit intervention in situations which are a public nuisance
or hazard to the public health; and to establish penal and appeal
procedures necessary for the proper administration of a Sewage Management
Program.
A.
ACT
AEROBIC TREATMENT TANK
AUTHORIZED AGENT
BOARD OF SUPERVISORS
BUILDING
COMMUNITY SEWAGE SYSTEM
DEPARTMENT (DEP)
INDIVIDUAL SEWAGE SYSTEM
MALFUNCTION
MARGINAL SOIL CONDITIONS
OFFICIAL SEWAGE FACILITIES PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
OWNER/OCCUPANT
PERSON
PLANNING MODULE FOR LAND DEVELOPMENT
PUMPER/HAULER
REGULATIONS
REHABILITATION
REPAIR
SEPTAGE
SEPTIC TANK
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP/MUNICIPALITY
As used in this article, the following terms shall have the meanings
indicated:
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., known as "Act 537."
A mechanically aerated treatment tank that provides aerobic
biochemical stabilization of sewage prior to its discharge to an absorption
area.
A certified sewage enforcement officer (SEO), employee of
the Township, professional engineer or sanitarian, certified on-lot
sewage disposal inspector, plumbing inspector, soils scientist, water
quality coordinator, or any other person who is employed, contracted
out, or designated to carry out the provisions of this article as
the agent of the Board of Supervisors of Potter Township.
The Board of Supervisors of Potter Township, Beaver County,
Pennsylvania.
Any structure that has water under pressure.
Any system, whether publicly or privately owned, for the
collection of sewage from two or more lots and the treatment and/or
disposal of the sewage on one or more lots or at any other site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into any waters of this commonwealth.
A condition which occurs when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into groundwaters
of this commonwealth, or into surface waters of this commonwealth,
backs up into a building connected to the system, or in any manner
causes a nuisance or hazard to the public health or pollution of groundwater
or surface water or contamination of public or private drinking water
wells. Systems shall be considered to be malfunctioning if any condition
noted above occurs for any length of time during any period of the
year.
A determination made by the municipality's SEO after
proper testing of a parcel or lot.
A comprehensive plan for the provision of adequate sewage
disposal systems adopted by the Board of Supervisors and approved
by the Pennsylvania Department of Environmental Protection, pursuant
to the Pennsylvania Sewage Facilities Act.
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 individual who owns, rents, leases, or occupies property
within the jurisdictional boundaries of Potter Township.
Any individual, association, public or private corporation
for profit or not-for-profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district, authority, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of an association, partnership or firm and the officers of any local
agency or municipal, private or public corporation for profit or not-for-profit.
A revision to, or exception to the revision of, the Official
Plan, submitted in accordance with DEP regulations, and in connection
with the request for approval of a subdivision or land development
plan.
Any sole proprietor, company, partnership or corporation
which engages in cleaning any or all components of a community or
individual on-lot system and evacuates and transports the septage
cleaned therefrom, whether for a fee or free of charge.
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
Work done to modify, alter, repair, enlarge, or replace an
existing on-lot sewage disposal system.
Work done to modify, alter, rehabilitate or enlarge an existing
on-lot system.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
A treatment tank that provides for anaerobic decomposition
of sewage prior to its discharge to an absorption area.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 394) known
as "the Clean Streams Law," as amended.
A person certified by DEP who is employed by the Township.
Such person is authorized to conduct investigations and inspections,
review permit applications, issue or deny permits and do all other
activities as may be provided for such person in the Sewage Facilities
Act, the rules and regulations promulgated thereunder and this article
or any other ordinance adopted by the Township.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder
and such other requirements adopted by the Township to effectively
enforce and administer this article.
The division or redivision of a lot, tract or other parcel
of land into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines. The enumerating
of lots shall include as a lot that portion of the original tract
or tracts remaining after other lots have been subdivided therefrom.
Potter Township, Beaver County, Commonwealth of Pennsylvania.
B.
For the purposes of this article, any term which is not defined herein
shall have that meaning attributed to it under the Sewage Facilities
Act and regulations promulgated thereto.
A.
From the effective date of this article, the provisions of this article
shall apply to all persons owning or occupying any property serviced
by an on-lot sewage disposal system and to all persons installing
or rehabilitating on-lot sewage disposal systems in the Township.
B.
The provisions of this article are applicable to all new and existing
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).
Alternate on-lot systems must be in accordance and compliance with
the DEP Alternate Systems Guidance Mannual, as amended, a copy of
which is available at the offices of the municipality.
C.
The provisions of this article are applicable to all new and existing
leech fields, sand mounds, 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 municipality may prepare and approve by resolution rules, regulations
and requirements for on-lot sewage disposal systems pursuant to this
article, including permitting approval and maintenance of said systems.
F.
Any commercial or institutional facilities which utilize holding
tanks shall comply with the provisions of this article.
A.
All individual or community on-lot sewage disposal systems, regardless
of the size of the lot, tract, or parcel on which they are proposed
to be constructed, are subject to issuance of a permit by the sewage
enforcement officer pursuant to the requirements of this article,
the Act and regulations.
B.
No on-lot sewage disposal system shall be altered, extended, augmented,
modified or repaired without the issuance of a repair permit by the
sewage enforcement officer.
C.
Sewage disposal permits may be issued only by a sewage enforcement
officer employed by the Township. DEP shall be notified as to the
identity of each sewage enforcement officer employed by the Township.
D.
Applicants for sewage disposal permits may be 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 may be scheduled and performed by the sewage enforcement officer.
E.
Permit applications for on-lot systems which include electronically,
mechanically, hydraulically or pneumatically operated or controlled
devices shall be accompanied by the respective manufacturer's
recommended maintenance schedule, operational requirements and product
specifications.
F.
No building, zoning, or occupancy permits shall be issued and no
work shall begin on any building to be serviced by an on-lot system,
prior to receiving a permit for the installation of the on-lot system
from the sewage enforcement officer, which permit shall indicate that
the site and the plans and specifications of such system are in compliance
with the provisions of the Clean Streams Law (35 P.S. §§ 691.1
— 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S.
§ 750.1 et seq.) and the regulations adopted pursuant to
those Acts.
G.
No building, zoning, 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 either the structure's
owner receives a permit for alteration or replacement of the existing
sewage disposal system or until the structure's owner and the
appropriate officials of the Township receive written notification
from a sewage enforcement officer that such a permit will not be required.
The sewage enforcement officer shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
H.
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 a sewage enforcement officer. If 72 hours
have clapsed, excepting Sundays and holidays, since the sewage enforcement
officer 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 sewage enforcement
officer.
I.
All planning modules proposing individual or community sewage systems
which require a DEP permit shall include a provision granting the
Township and its agents the right to enter the premises to inspect
the construction and/or operation of the DEP permitted system, and
if the system is not being constructed or operated according to the
permitted design, issue a stop-work order or revoke the occupancy
permit until construction or operation is brought into compliance
with the permit.
J.
All individual sewage system components, including absorption areas,
must be located on the same lot, tract, or parcel as the structure
they will serve. Individual sewage systems or components cannot be
located on a separately deeded parcel, regardless of the parcel's
ownership, or through means of an easement, right-of-way or other
instrument. All community sewage system components, including absorption
areas, may be located on separate lots, tracts, or parcels from the
structures they will serve. Community sewage systems or components
may be located on a separately deeded parcel or through means of an
easement, right-of-way or other instrument.
K.
No on-lot sewage disposal system shall be used or loaded in a manner
which is inconsistent with the permit that was issued to authorize
that system's installation.
L.
In order to have a permit issued for a new on-lot sewage disposal
system covered by this article, the applicant may be required to post
a bond and/or security as required by and acceptable to the municipality
and in the amount set by the municipality at the time the permit is
to be issued. This bond and/or security should be sufficient to cover
the anticipated costs associated with inspections of the on-lot system
for its entire useful life. The posting of sufficient security, if
required, is a condition precedent to the continued validity of the
permit. Failure to post sufficient security shall result in revocation
of the permit.
M.
A complete set of as-built plans for the system shall be provided
to the Township within 30 days of completion of construction, along
with literature/publications as to the recommended care and maintenance
for the subject on-lot system.
A.
An authorized agent shall have the right to enter upon land for the
purposes of inspections as hereinafter described and as provided for
in this section. The authorized agent designated by the Township will
establish a schedule of inspections to assure continued compliance.
B.
An initial inspection shall be conducted by the municipality's
authorized agent within one year of construction of the system for
the purpose of determining the type and functional status of each
on-lot sewage disposal system in the sewage management district. A
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.
C.
Any on-lot sewage disposal system shall be inspected by an authorized
agent at any reasonable time as of the effective date of this article
but no more than every three years, or sooner, provided that sufficient
evidence of a malfunctioning on-lot sewage disposal system exists
on the property or where it can be observed from a public street that
an on-lot sewage disposal system is malfunctioning or being operated
improperly.
D.
Should inspections authorized in Subsection C of this section reveal that the system is indeed malfunctioning, the authorized agent shall order action to be taken to correct the malfunction.
E.
Such inspection, herein authorized in Subsection C of this section, may include a physical tour of the property, the taking of samples from surface water, private wells that provide service to the public, or 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 or any component of the on-lot sewage disposal system of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure. All other private wells shall be inspected, provided that the property owner and/or occupant grants authorization to the authorized agent prior to inspection. If the authorized agent is not granted authorization to test a well, the property owner and/or occupant assumes all responsibility and risks associated with the contaminated well and further acknowledges that the Township has no responsibility or liability associated with such well. A report of the above inspection results will be provided to the system owner.
F.
Prior to entry for inspection, herein authorized in Subsection C of this section, the Township shall give advance notice to the owner and/or occupant of a property to enable the owner and/or occupant to be personally present or be represented by an agent at the time of such entry.
G.
Advance notice shall be given at least 10 business days prior to
entry, unless waived, and shall be by any of the following:
(1)
First-class United States mail addressed to the last known address.
(2)
A written notice of distinguishable size, shape or color posted at
the entrance to the structure or other place where it is likely to
be seen by the owner or occupant.
(3)
A written notice shall be given to the owner or occupant of said
premises either by delivering the same to such owner or occupant personally
or by delivering the same to and leaving it with an adult person in
charge of such premises.
(4)
If the property appears to be vacant, notice shall be given by first-class
United States mail to the owner of record, at the last known address
which appears in the records of the Tax Assessor's office of
Beaver County.
H.
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 established in this article.
I.
If a situation arises in 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 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 compelled whenever
a malfunction, as determined by Township officials and/or the Department,
represents a serious public health or environmental threat.
A.
Only normal domestic waste shall be discharged into an on-lot sewage
disposal system. The following shall not be discharged into the systems:
(1)
Industrial waste;
(2)
Automobile oil and other nondomestic oil;
(3)
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;
(4)
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
B.
Owners are encouraged to use water conservation devices to reduce
hydraulic overloading to the system.
A.
Any person owning or occupying a building serviced by an on-lot sewage
disposal system which contains a septic tank shall have the septic
tank pumped by a qualified pumper/hauler within one year of the effective
date of this article. If any person can prove that such person's
septic tank has been pumped within three years of the sixth-month
anniversary date of the effective date of this article, then that
person's initial required pumping may be delayed to conform to
the general three-year frequency requirement, except where an inspection
reveals a need for more-frequent pumping frequencies.
B.
After the initial pumping, all tanks in all systems shall be pumped
out at a minimum regular interval of once every three years from the
year of either the initial pumping or a subsequent pumping or whenever
an inspection reveals that the septic tank is filled with solids or
scum in excess of 1/3 of the liquid depth of the tank(s). Tanks that
have been subjected to more-frequent pumping than the regular interval
of three years described in this section, by the nature of their size,
loading rate or other system characteristics, shall continue to be
pumped at the more-frequent interval. This article establishes the
minimum pump-out requirement for all treatment tanks that do not exhibit
characteristics that indicate more-frequent pumping is required.
C.
Any person owning or occupying a building served by an on-lot sewage
disposal system may choose to have tanks pumped out more frequently.
When more-frequent pump-outs are undertaken in a manner consistent
with this section of this article, the date of the subsequent regular
pump-out shall be deemed to be the last day of the last month three
years following the year of the voluntary pump-out.
D.
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/disposal
is used in the building, if the system malfunctions, or for other
good cause shown. All receipts from the pumper/hauler shall be retained
by the property owner or occupant after each required pumping and
made available to the Township or an authorized agent of the Township
upon demand.
E.
Any person owning or occupying a building serviced by an on-lot sewage
disposal system, including a septic holding tank, shall follow the
operation and maintenance recommendations of the equipment manufacturer.
A copy of the manufacturer's recommendations and a copy of the
service agreement shall be submitted to the Township within six months
of the effective date of this article. Thereafter, service receipts
shall be maintained by the owner or occupant of the property for maintenance
performed at intervals specified by the manufacturer's recommendations.
The system owner is required to maintain the system for its lifetime.
Where necessary and appropriate, a current service agreement for the
system shall be provided at the time of inspection. The system owner
shall submit service receipts and maintenance reports to the Township
within 30 days of service.
F.
Additional maintenance activity may be required as needed, including,
but not necessarily limited to, cleaning and unclogging of piping,
servicing and the repair of mechanical equipment, leveling of distribution
boxes, tanks and lines, removal of obstructing roots or trees, the
diversion of surface water away from the disposal area, maintenance
of surface contouring and other reasonable measures consistent with
Chapter 73, to divert stormwater away from the treatment facilities
and absorption areas and protect these areas from physical damage.
A.
No person shall operate or 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 waters
of the commonwealth unless a permit for such discharge has been obtained
from DEP.
B.
The Township shall compel corrective action whenever a malfunction
is identified.
(1)
The Township shall issue a written notice of violation to any person
who is the owner or occupant 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 discharged without a permit.
(2)
Within three days of notification by the Township that a malfunction
has been identified, the owner or occupant shall provide the Township
with all receipts and/or other specified information documenting the
dates on which the sewage disposal system was pumped, inspected, or
repaired.
(3)
Within seven days of notification by the Township that a malfunction
has been identified, the owner or occupant shall make application
for a repair permit to abate the malfunction.
(4)
Within 30 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.
(5)
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.
C.
The Township shall compel, or may take, immediate corrective action
whenever a malfunction represents a public health hazard or environmental
threat. In such instances the owner shall fully indemnify and hold
the Township harmless from all claims associated with said corrective
action.
D.
The Township's 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 (RTG):
(1)
Cleaning;
(2)
Repair 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;
(8)
Limiting or eliminating the use of laundry facilities;
(9)
Other alternatives as appropriate for the specific site to lessen
or mitigate the malfunction to the greatest extent possible.
E.
In the event that the rehabilitation measures in Subsections A through D are not feasible or effective, the owner or occupant may be required to apply for a permit to install an individual spray irrigation treatment system or submit a permit application to DEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner or occupant shall complete construction of the system within 30 days.
F.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing on-lot system, the owner
or occupant is not absolved of responsibility for any negative effects
caused by the malfunction. The Township may require whatever action
is necessary to lessen or mitigate the malfunction to the extent necessary,
including the use and maintenance of holding tanks to resolve a malfunction
when no other remedies are available.
A.
Upon written notice from the sewage enforcement officer that an imminent
health hazard exists due to failure of a property owner or occupant
to properly operate, maintain, repair or replace an on-lot system
as provided under the terms of this article, the Board shall have
the authority to perform, or contract to have performed, any repairs
as may be directed by the SEO to abate the health hazard.
B.
The costs for the actual repair, repair permit and site investigations
in support of the permit shall be borne by the property owner or occupant.
C.
The Township may take whatever action necessary to recover these
costs in accordance with law, including entering a lien against the
property.
D.
The Township may seek injunctive relief to prevent continued use
of a malfunctioning on-lot system.
A.
All septage originating within the Township shall be disposed of
in accordance with the requirements of the Pennsylvania Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.)
and all other applicable laws and at sites or facilities approved
by DEP. Approved sites and facilities shall include the following:
septage 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 of the Pennsylvania Solid
Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003)
and all other applicable laws.
C.
Septic tank pumping services/haulers shall provide the system owner
and the Township a signed receipt containing the following information:
(1)
Date of pumping.
(2)
Name and address of system owner.
(3)
Address of tank location, if different from that of the owner, and
tax parcel number.
(4)
Size of tank.
(5)
Itemization of any maintenance performed on the tank.
(6)
Amount of septage or other solids or semisolid material removed.
(7)
Any indications of observed system malfunction.
(8)
Waste hauler's state license number permitting the collection
and hauling of septage in the Commonwealth of Pennsylvania.
(9)
Itemization of any suggested recommendations.
A.
The Township shall fully utilize those powers it possesses through
enabling statutes, regulations and policies which relate to the Sewage
Management Program and ordinances to effect 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 and 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 official 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 Pennsylvania
Department of Environmental Protection.
D.
The Board of Supervisors shall establish, by resolution, which may
be amended from time to time as necessary, all administrative procedures
necessary to properly carry out the provisions of this article, including
a fee schedule for services rendered by the Township or its authorized
agent to implement the Sewage Management Program.
E.
The Board of Supervisors may establish a fee schedule by resolution,
which may be amended from time to time as necessary, and authorize
the collection of fees, to cover the cost to the Township of administering
this program. All costs associated with the implementation of this
article by the Township shall, upon request, be reimbursed to the
Township within 30 days of invoice.
F.
The Township shall supply to all existing and new on-lot system owners
a copy of this article along with any literature/publication as to
the care and maintenance for the on-lot system the owner is using.
A.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the Township Board of Supervisors
in writing within 30 days from the date of written notification of
the decision in question.
B.
The appellant shall be entitled to a hearing before the Board of
Supervisors at its next regularly scheduled meeting, provided that
a written 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 regularly scheduled
meeting. The municipality 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 30 days of the date
of the hearing.
A.
Any person, partnership or corporation who violates or permits the
violation of the provisions of this article shall, upon being found
liable therefor in a civil enforcement proceeding commenced by Potter
Township, pay a judgment of not less than $500 and not more than $1,000,
plus all court costs, including reasonable attorneys' fees incurred
by Potter Township as a result thereof. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Beaver County
Jail for a term of not more than 90 days. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, Potter Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
continues shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines
that there was a good-faith basis for the person, partnership or corporation
violating this article to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation.
B.
District Justices shall have initial jurisdiction in proceedings
brought under this section. However, nothing contained herein shall
be construed or interpreted to prevent the Township from bringing
any other action, including an injunction action, to enforce the provisions
hereof.
C.
In addition to any other remedies provided by this article, any violation
of this article shall constitute a nuisance and may be abated by the
Township through equitable or legal relief from the Beaver County
Court of Common Pleas.