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Township of Solebury, PA
Bucks County
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[Ord. 2014-9, 6/17/2014, § I]
This part shall be known as the "Solebury Township On-Lot Sewage Disposal System Permit Ordinance."
This part is adopted pursuant to § 7(a)(1) of the Pennsylvania Sewage Facilities Act, as amended, 35 P.S. § 750.7(a)(1).
The purpose of this part is to provide for the permitting of all on-lot sewage disposal systems within the Township in accordance with the standards and regulations of 25 Pa. Code §§ 71.72 and 71.73, including those systems otherwise eligible for an exemption from the permitting requirements of the Act, as authorized by § 7(a)(1) of the Act, 35 P.S. § 750.7(a)(1).
[Ord. 2014-9, 6/17/2014, § II]
All terms or words defined in the Act that are used in this part have the same definition as in the Act.
[Ord. 2014-9, 6/17/2014, § III]
From and after the effective date of this part, all persons proposing to install an on-lot sewage disposal system on any lot within the Township, including those persons proposing to install such a system on a lot 10 acres or larger and who are otherwise qualified for a permit exemption in accordance with the provisions of § 7(a)(1) of the Act, 35 P.S. § 750.7(a)(1), shall apply to the Bucks County Department of Health for a permit for the installation of such system.
No person shall install or commence construction of any on-lot sewage disposal system for which a permit is required until such permit has been issued by a Sewage Enforcement Officer contracted to the Township.
[Ord. 2014-9, 6/17/2014, § IV; as amended by A.O.]
Any person violating any of the provisions of this part shall be subject to the civil and criminal penalties authorized pursuant to §§ 13 and 13.1 of the Act, 35 P.S. §§ 750.13, 750.13.1 as amended. Upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $500 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
In addition to the penalties for noncompliance set forth in Subsection 1 above, it is further provided that all of the civil and equitable remedies set forth in §§ 12, 14 and 15 of the Act, 35 P.S. §§ 750.12, 750.14 and 750.15, as amended, shall be applicable to violations of this part.
In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this Act or any rule or regulation promulgated under this Act or any order or permit issued by the department, municipality or local agency pursuant to this Act, the Township, after notice and hearing, may assess a civil penalty against any person for that violation. In addition, the Township may assess the cost of damages caused by such violation and the cost of correcting such violation. Before assessing a civil penalty or such costs, the Township shall provide a violator with a notice of proposed assessment which cites the violation of the Act, regulation, permit or order issued thereunder and offer to conduct an assessment hearing to evaluate the violation and the amount of the penalty or cost. The notice of proposed assessment shall contain an explanation of the right to a hearing and appeal. An individual appointed by the Board of Supervisors shall be responsible to hold the assessment hearing. The assessment hearing shall not be governed by requirements for formal adjudicatory hearings and may be held at any time at the convenience of the parties. The civil penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not be less than $300 and not more than $2,500 for each violation. In determining the amount of the penalty, the Township shall consider:
The willfulness of the violation.
Damage to water, land or other natural resources or their uses, cost of restoration and abatement.
Savings resulting to the person in consequence of the violation.
Deterrence of future violation.
Other relevant factors.
If a person against whom costs or a civil penalty has been assessed after notice and hearing pursuant to Subsection 3 of this section fails to pay the assessed costs or penalty in full or to perfect an appeal de novo under Subsection 5 of this section within 30 days following assessment of the civil penalty, such failure to pay or perfect an appeal shall constitute a separate violation for which an additional civil penalty may be assessed pursuant to Subsection 3 of this section. Additional violations shall be deemed to occur and additional civil penalties may be assessed pursuant to Subsection 3 of this section each time a person fails to pay or perfect an appeal under Subsection 5 of this section.
When the department, municipality or local agency has assessed costs or a civil penalty pursuant to Subsection 3 or 4 of this section, the person assessed with the costs or civil penalty shall then have 30 days to pay the costs or penalty in full. If the person wishes to contest the penalty or the fact of the violation, the person shall have a right to an appeal de novo pursuant to § 16 of the Act, 35 P.S. § 750.16. The person shall forward the amount of the civil penalty to the Township within the thirty-day period for placement in an escrow account with the Township Treasurer or any bank in this commonwealth, post an irrevocable letter of credit issued by a federal or commonwealth-chartered lending institution or post an appeal bond to the agency or entity assessing the civil penalty within such 30 days in the amount of the assessed civil penalty or other such amount as may be approved by a court of competent jurisdiction or the Environmental Hearing Board. The bond must be executed by a surety licensed to do business in this commonwealth and in a form satisfactory to the agency or entity assessing the civil penalty. If through administrative or final judicial review of the proposed assessed penalty it is determined that no violation occurred or that the amount of the penalty is reduced, the agency or entity which assessed the civil penalty shall, within 30 days, remit the appropriate amount to the person. Failure to make the required deposit in escrow or submit an irrevocable letter of credit or a surety bond as provided in this subsection shall result in a waiver of all legal rights to appeal the violation or the amount of the penalty.
In any case where the Township determines that damage resulting from the violation is of a continuing nature, the Township may impose a weekly assessment of not more than $2,500 per week for each week the violation continues unabated by the violator. The weekly assessment shall accrue indefinitely after the date of notice of the assessment to the violator.
Costs and civil penalties shall be payable to the Township and shall be collectable in any manner provided by law for the collection of municipal debts and shall constitute a municipal lien. If any person liable to pay these costs or penalty neglects or refuses to pay the same after demand, the amount of the costs or civil penalty, together with interest and any costs that may accrue, shall constitute a judgment in favor of the Township upon the real property of the person from the date it has been entered and docketed on record by the Prothonotary of Bucks County. The Township may, at any time, transmit to the Bucks County Prothonotary certified copies of these judgments, and it shall be the duty of the Bucks County Prothonotary to enter and docket them and to index the same as judgments are indexed without requiring the payment of costs as a condition precedent to the entry thereof.