Township of Williams, PA Part 1 ON-LOT SEWAGE DISPOSAL SYSTEMS

§ 18-101 Definitions.

[Ord. 1994-2, -/-/1994, § 1.0; as amended by A.O.]

1. Words and terms used in this Part, shall have the meanings defined in §§ 71.1, 72.1, 73.1 of 25 Pa. Code of the Department's regulations, unless the context clearly indicates otherwise.

2. The following words and terms, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise:

ACT

The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 750.1 et seq., also known as Act No. 537.

CERTIFIED SEWAGE ENFORCEMENT OFFICER

Any person certified as qualified to issue permits for individual or community sewage systems by the certification board.

CHAPTER 71 OF THE DEPARTMENT'S REGULATIONS

Title 25, Pennsylvania Code, Chapter 71, "Administration of Sewage Facilities Planning Program."

CHAPTER 72 OF THE DEPARTMENT'S REGULATIONS

Title 25, Pennsylvania Code, Chapter 72, "Administration of Sewage Facilities Permitting Program."

CHAPTER 73 OF THE DEPARTMENT'S REGULATIONS

Title 25, Pennsylvania Code, Chapter 73, "Standards for Sewage Disposal Facilities."

COMMUNITY SEWAGE SYSTEM

Any system whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

INDIVIDUAL SEWAGE SYSTEM

A system of piping, tanks or other facilities serving a single lot and collection and disposing of sewage in whole or in part into the soil or into any waters of this commonwealth or by means of conveyance to another site for final disposal.

MUNICIPAL OR TOWNSHIP SEWAGE OFFICER

Any person or persons designated as such under § 18-102, Subsection 1, of this Part.

OFFICIAL PLAN

A Comprehensive Plan for the provision of adequate sewage systems adopted by the Township Board of Supervisors and submitted to and approved by the Department's regulations.

PERSON

Same as Act 537, and anyone adding or installing a system.

SINGLE-FAMILY RESIDENCE

A dwelling unit which occupies the structure from ground to roof usually with independent access, services and use of land, including dwelling units which have one or both side walls as a party wall in common with an adjoining dwelling unit.

§ 18-102 Designation of Municipal Sewage Enforcement Officer.

[Ord. 1994-2, -/-/1994, § 2.0]

1. The Township Board of Supervisors shall authorize one or more certified Sewage Enforcement Officers as its Township Sewage Officer(s) to carry out the duties specified in this Part. Such officer shall serve until he resigns, is dismissed by the Board or has his certification suspended or removed by the Department.

2. In January of each year, the Board shall submit the name and address of its Township Sewage Officer(s) to the Department. The Board shall notify the Department within 30 days of any change in the information referred to in this subsection.

§ 18-103 Conduct of Township Sewage Officers.

[Ord. 1994-2, -/-/1994, § 3.0]

All Township Sewage Officers shall abide by the standards of conduct specified in Chapters 71, 72 and 73 of 25 Pa. Code, the Department's regulations. Violation of any of these standards shall be ground for dismissal by the Board.

§ 18-104 General Requirements.

[Ord. 1994-2, -/-/1994, § 4.0; as amended by A.O.]

1. The installation of any treatment tank, subsurface absorption area or any holding tank constitutes either the installation of an individual or a community sewage system and requires a permit prior to beginning the installation of the system or beginning the construction, installation or occupancy of any building or buildings for which such a system will be installed. The installation of an individual or community sewage system shall include the repair, replacement or enlargement of any treatment tank, subsurface absorption area or holding tank. A permit shall be required regardless of the acreage of the tract on which the individual or community sewage system is to be installed or repaired.

2. The Board will issue, deny and revoke permits only by and through its Township Sewage Officer(s).

3. If construction or installation of an individual or community sewage system and of any building or structure for which such system is to be installed has not commenced within three years after the issuance of a permit for such system, the said permit shall expire. A new permit shall be obtained prior to the commencement of said construction or installation.

4. Construction of a new sewage system for a newly occupied building will be known as a "new sewage system" for the purposes of this Part. The repair or replacement of an existing on-lot sewage disposal system for a structure which is occupied at the time of the application for permit issuance shall be known as a "repair sewage system" for the purposes of this Part.

5. The minimum isolation distances described in Department regulations shall be the same as indicated in those regulations, except that subsurface absorption areas shall not be located closer than 100 feet from any stream, lake or other surface water, for the installation of a new system.

6. All on-lot sewage disposal systems shall be constructed and/or installed in strict accordance with the requirements in Chapters 71, 72 and 73 of Title 25 Pa. Code of the Pennsylvania Department of Environmental Protection Rules and Regulations, and the requirements of this Part, whichever are more restrictive.

§ 18-105 Application Procedures and Permit Issuance.

[Ord. 1994-2, -/-/1994, § 5.0]

1. Application for a permit shall be made by the property owner to the Township Sewage Officer prior to the commencement of construction of any such system or of any building for which such a system is to be installed.

2. The application shall contain the following:

A. The information found on the application form ER-BWQ-290 prescribed by the Department.

B. Such further information as may be required by the Township Sewage Officer to insure that the proposed action complies with the regulations promulgated by the Department.

Application forms may be obtained from The Township Sewage Officer or Township Secretary.

3. When the Township Sewage Officer has found an application incomplete, or the Township Sewage Officer is unable to verify the information submitted, the applicant shall be notified in writing within seven days, and the time for acting thereon shall be extended 15 days beyond the date of receipt of adequate supplementary or amendatory data. If adequate supplementary or amendatory data is not provided within 30 days after the Township Sewage Officer requests such data, the application may be denied.

4. Applications for permits for new sewage systems which are not consistent with the Official Plan of the Township shall not be accepted.

5. New Sewage Systems.

A. For new systems, the application and review process consists of the following four stages:

(1) Preliminary stage.

(2) Site evaluation stage.

(3) System design stage.

(4) Final inspection stage.

B. In the preliminary stage, the applicant obtains a copy of form ER-BWQ-290 from the Township Sewage Officer, completes Part I of the form and submits it along with the appropriate permit fee to the Township Sewage Officer. The Township Sewage Officer reviews Part I and an on-site evaluation is scheduled at a mutually agreed time.

C. In the site evaluation stage, the Township Sewage Officer observes the soil test pit, percolation test and slope measurements and completes Part IV of the application. It shall be the responsibility of the applicant to prepare the site for inspection, including the digging of a minimum of one soil test pit at least seven feet deep, in accordance with 25 Pa. Code § 73.14, any general clearing of the site necessary to make slope measurements, and arranging for the preparation and testing of a minimum of one percolation test, in accordance with 25 Pa. Code § 73.15. After the site evaluation stage, the applicant will be notified if the site is suitable, or receive a letter of permit denial if it is not. The applicant may request the Township Sewage Officer to conduct the required percolation test. In this case, an additional permit fee should be submitted to the Township in accordance with the Fee Schedule.

D. The system design stage involves the completion of Parts II and III of the application form by the applicant. All application information and designs must be to scale and locate all the key components with respect to two intervisable markers in a neat and legible manner and must show the following:

(1) All information required under Part III of application.

(2) All test pits and percolation tests (pass or fail).

(3) Alternate absorption area location, if required.

(4) Location and width of all right-of-way, easements, building restriction lines, including any limitations on their use.

(5) Spot elevations for the following:

(a) First floor elevation of any structure.

(b) Elevation at each corner and high point of the proposed absorption area. And, in addition, if an elevated sand system is required, the existing grades of each corner of the toe of berm must be shown.

(c) Elevation of existing grade at the proposed pump tank or lift station, if required.

(6) The location of all items required in Subsection 5D(5)(b) and (c) and two intervisible permanent markers that have been set in the field prior to permit issuance.

The Township Sewage Enforcement Officer may provide advice and assistance, but the system design shall be the responsibility of the applicant.

E. When the Township Sewage Officer has determined that the application is complete and meets the requirements of 25 Pa. Code, Chapters 71, 72 and 73 of the Department's regulations and this Part, a permit shall be issued.

F. Permits shall be issued or denied by the Township Sewage Officer in writing within seven days after receiving a completed application for permit, except as shown in Subsection 5D. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.

6. Repair Sewage Systems.

A. For repair sewage systems, the application and review process consists of the following four stages:

(1) Preliminary stage.

(2) Site evaluation stage.

(3) System design stage.

(4) Final inspection stage.

B. In the preliminary stage, the applicant obtains a copy of form ER-BCE-128 from the Township Sewage Officer or Township Secretary, completes Part I of the form and submits it along with the appropriate permit fee to the Township Sewage Officer. The Township Sewage Officer reviews Part I and an on-site evaluation is scheduled at a mutually agreed time.

C. In the site evaluation stage, the Township Sewage Officer may require and observe soil test pits, percolation tests and/or slope measurements, and shall complete Part IV of the application. For repair sewage systems, this soils evaluation is not always required, but will be required if additional absorption area is required. If percolation tests are performed, the procedure may follow the procedure outlined in § 18-105, Subsection 2.

D. The system design stage involves the completion of Parts II and III of the application form in accordance with § 18-105, Subsection 3, by the applicant. The Township Sewage Officer may provide advice and assistance, but the system design shall be the responsibility of the applicant.

E. When the Township Sewage Officer has determined that the application is complete, and the requirements of this Part have been met, a permit shall be issued or denied.

F. Permits shall be issued or denied by the Township Sewage Officer in writing within seven days after receiving a completed application for permit, except as shown in § 18-105, Subsection 3. Permits may be denied at any stage during the application and review process. Reasons for denial shall be stated in the letter.

7. General Department Requirements.

A. Any application for a permit for an individual or community sewage system where a license, certificate or registration or permit is required from the Department under its regulations shall receive the concurrence of the Department in writing prior to its issuance by the Township Sewage Officer.

B. Any application for a permit for an experimental individual or community sewage system shall receive the concurrence of the Department in writing prior to its issuance by the Township Sewage Officer. Experimental sewage systems shall be subject to the requirements specified in 25 Pa. Code, Chapter 73, of the Department's regulations.

8. Inspections.

A. Prior to any earth disturbance for the installation of the permitted on-lot sewage disposal system, the applicant and/or contractor for the applicant must contact the Sewage Enforcement Officer to arrange for a preconstruction meeting at the site.

B. In the final inspection stage, the applicant notifies the Township Sewage Officer when the installation is complete and ready for inspection or reinspection.

C. No part of any installation shall be covered nor, in the case of new systems, shall the building for which it is intended be occupied until it is inspected and given final written approval by the Township Sewage Officer except that the applicant may cover the installation in absence of written approval or disapproval, at the expiration of 72 hours, excepting weekends and holidays, from the date the Township Sewage Officer receives the notice to inspect. The Township Sewage Officer may by order require an installation to be uncovered at the expense of the applicant, if the installation was covered contrary to the provisions of this section.

D. Elevated Sand Mounds and Trenches.

(1) First notification upon completion of scarification of system site.

(2) Second notification upon completion of placement of sand.

(3) Final inspection upon completion of all piping and permanent installation of pump and alarm.

§ 18-106 Application and Review Fees.

[Ord. 1994-2, -/-/1994, § 6.0]

1. All fees paid under this section shall be made payable to the Township, and shall be in the form of either checks or money orders. These fees shall be submitted to the Township Sewage Officer. The application fee portion of the individual permit shall be non-refundable after being paid.

2. New system fees and repair system fees, as well as any other fees made or required pursuant to this Part, shall be as set forth in a resolution passed by separate action of the Board of Supervisors of the Township, as amended which is attached hereto and made a part of this Part and marked Exhibit A.[1] The Township may adjust these fees and charges from time to time by amending resolutions. No increase in rates, charges or fees may be made except as authorized by the Township after a public notice for such increase is given and interested parties have been afforded an opportunity to comment thereon. All rates, fees and charges shall be reasonable, compensatory and nondiscriminatory.

[1] Editor's Note: Exhibit A is on file in the Township office.

§ 18-107 Revocations and Reinstatement of Permits.

[Ord. 1994-2, -/-/1994, § 7.0]

1. A permit shall be revoked by the Township Sewage Officer at any time for any one or more of the following reasons, which shall be incorporated into the notice of revocation:

A. When any change which has occurred in the physical conditions of any lands which will materially affect the operations of any individual or community sewage disposal system covered by any permit issued by the Township Sewage Officer under the provisions of 25 Pa. Code, Chapter 72, of the Department's regulations.

B. When one or more tests material to the issuance of the permit has not been properly conducted.

C. When information material to the issuance of the permit has been falsified.

D. When the original decision of the Township Sewage Officer otherwise failed to conform with the provisions of the Act and the Department's regulations.

E. When the permittee has violated the provisions of 25 Pa. Code, Chapter 71, 72 or 73, of the Department's regulations.

F. When the inspection reveals that the installation of the system, water supply location or the underlying soil or geologic conditions differ from those stated in the application.

2. Revocation of a permit becomes effective after the applicant receives written notice and the ten-day opportunity to request a hearing under the terms of § 18-108, Subsection 2, has elapsed.

3. Upon receipt of written notice of revocation, no further construction of either the system or the building for which it is intended shall take place until the permit has been reinstated in writing.

4. A permit which has been revoked under this section will not be reinstated. A "new permit" must be applied for and all regulations in place at the time of the application must be addressed prior to receiving a permit to utilize the currently unpermitted existing system.

§ 18-108 Review of Revocations and Denials.

[Ord. 1994-2, -/-/1994, § 8.0]

1. Upon receipt by the applicant of a notice of denial of a permit, the applicant may request, in writing, within 30 days of receipt of said notice, a hearing before the Township Board of Supervisors. The Board shall hold a hearing within 30 days after receipt of such a request. The Department shall be notified of the hearing by the Board.

2. Revocation of permits shall occur only after written notice and 10 days opportunity to request a hearing have been granted to the permittee. The Board shall hold a hearing within 30 days after receipt of such a request. The Department shall be notified of the hearing by the Board.

§ 18-109 Waiver of Liability.

[Ord. 1994-2, -/-/1994, § 9.0; as amended by A.O.]

Although this Part is intended to provide guidelines for the proper installation of on-lot sewage disposal systems, nothing contained herein should be interpreted as a guarantee to the applicants that systems installed under the provisions of this Part will function as intended. Uncontrollable variables such as undefined soil characteristics, actual water usage and material or construction inadequacies, may cause a system malfunction, even though the general guidelines of the State Department of Environmental Protection and this Part are followed.

§ 18-110 Nuisances and Penalties.

[Ord. 1994-2, -/-/1994, § 10.0; as amended by A.O.]

1. Any person who shall be found to be discharging sewage to the surface of the ground shall be deemed to be creating a nuisance, and upon written notice, shall be required to repair his or her sewage system to eliminate such nuisance. A thirty-day limitation for the satisfactory repair of the system shall be respected.

2. Any person, firm or corporation who shall violate any provision of this Part, 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 $100 and costs, 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.

§ 18-111 Requirements for Official Sewer Plan Revisions (For Subdivisions and Land Development).

[Ord. 1994-2, -/-/1994, § 11.0; as amended by A.O.]

1. Testing shall be conducted in accordance with the requirements of § 18-105, Subsection 3, of this Part for all subdivisions and land developments proposing on-lot sewage disposal as part of the Official Plan revision planning process.

2. For nonresidential uses and subdivisions involving more than 10 residential lots or dwelling units, the developer shall contact the Department of Environmental Protection via form ER-BCE-116 (DEP postcard) which may be obtained from the Sewage Enforcement Officer.

3. Prior to initiating testing, the developer shall provide a sketch plan showing test locations and shall have the locations staked at the site with a designation corresponding with that on the plan. Any additional testing shall be marked in the same manner.

4. The developer shall pay the required fees or deposits for testing review.

5. Plans must be provided as supporting documentation to a request for approval of an Official Plan revision, and these plans shall show all data required by the Department and shall show among other things:

A. Proposed and existing building structures (approximate).

B. Location of soil probes and percolation tests, whether passing or failing.

C. Proposed or existing water supplies or wells.

D. Location of all existing and proposed street and right-of-way lines.

E. Existing and proposed lot lines.

F. Existing and proposed primary on-lot absorption areas and alternate locations (if required).

6. The plans shall show primary and tested alternate absorption areas sufficient to illustrate that such systems can be placed while maintaining required isolation distances.

7. The applicant requesting that the Township consider an Official Plan revision shall be responsible for completion of the appropriate components of the Department planning module for land development and for providing the required testing, supporting plans and other data. The module will be reviewed and approved or denied in accordance with the procedures specified in 25 Pa. Code, Chapter 71, of the Department's regulations.