[Ord. 8-2011, 12/14/2011[1]]
1.
This Part shall be known and may be cited as "An Ordinance providing
for an On-Lot Sewage Management Program for Lower Oxford Township."
2.
In accordance with municipal codes, the Clean Streams Law (Act of
June 27, 1937, 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 Lower Oxford
Township to provide for adequate sewage treatment and disposal 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 Lower Oxford 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.
3.
The purpose of this Part is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems;
to further allow intervention in situations which may constitute a
public nuisance or hazard to the public health; and to establish penalties
and appeal procedures necessary for the proper administration of a
sewage management program.
[1]
Editor's Note: This Ordinance superseded former Part
2, On-Lot Sewage Disposal Systems, adopted 8/13/2008 by Ord. 5-2008.
[Ord. 8-2011, 12/14/2011]
1.
ACT 537
AUTHORIZED AGENT
BOARD
CHESTER COUNTY SEPTAGE MANAGEMENT DATA SYSTEM
COMMUNITY ON-LOT SEWAGE SYSTEM
DEPARTMENT
INDIVIDUAL ON-LOT SEWAGE SYSTEM
INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM (IRSIS)
INITIAL TREATMENT UNIT
LIQUID WASTE
LIQUID WASTE HAULER
LOT
MAINTENANCE CONTRACTOR
MALFUNCTION
OFFICIAL SEWAGE FACILITIES ACT 537 PLAN
ON-LOT SEWAGE DISPOSAL SYSTEM
PERSON
REHABILITATION
RETAINING TANK
SEPTAGE
SEWAGE
SEWAGE ENFORCEMENT OFFICER (SEO)
SEWAGE MANAGEMENT DISTRICT
SEWAGE MANAGEMENT PROGRAM
SUBDIVISION
TOWNSHIP
As used in this Part, the following terms shall have the meanings
indicated:
The Act of January 24, 1966, P.L. 1535, as amended, 35 P.S.
§ 750.1 et seq., known as the "Pennsylvania Sewage Facilities
Act."
A person with demonstrated knowledge and experience regarding
on-lot sewage disposal system design, operation, and maintenance who
is authorized to function within specified limits as an agent of Lower
Oxford Township to administer or enforce the provisions of this Part.
The Board of Supervisors, Lower Oxford Township, Chester
County, Pennsylvania.
The electronic database maintained by Chester County, into
which Chester County Health Department licensed liquid waste haulers
are required, by Chester County law, to enter a record for every septic
tank or holding tank that they pump. The data is intended for municipal
use in the administration of an on-lot sewage management program.
A sewage system which serves two or more lots, or two or
more equivalent dwelling units, and uses a system of piping, tanks,
or other facilities for collecting, treating, and disposing of sewage
into a soil absorption area, retaining tank, or cesspool.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
A sewage system which serves a single lot and a single equivalent
dwelling unit and uses a system of piping, tanks, or other facilities
for collecting, treating, and disposing of sewage into a soil absorption
area, spray field, retaining tank, or cesspool.
An individual sewage system which serves a single dwelling
and which treats and disposes of sewage through using a system of
piping, treatment tanks, and soil renovation through spray irrigation.
A term used to describe the on-lot disposal system receiving
unit to which sewage is delivered from a sewage-generating facility.
The term includes, but is not limited to, septic tanks, retaining
tanks, aerobic treatment units, and cesspools.
Septage pumped from septic tanks, cesspools, holding tanks,
privies, or chemical toilets which does not include any toxic, industrial,
or hazardous wastes.
Any person engaged in the business of pumping and transporting
liquid waste within Chester County. Each vehicle used for such purpose
shall be licensed by the Chester County Health Department.
A part of a subdivision or a parcel of land used as a building
site or intended to be used for building purposes, whether immediate
or future, which would not be further subdivided. Whenever a lot is
used for a multiple-family dwelling or for commercial or industrial
purposes, the lot shall be deemed to have been subdivided into an
equivalent number of single-family residential lots as determined
by estimated sewage flows.
A private independent contractor who has been given training
by the original equipment manufacturer of an applicable sewage system
components, has been authorized by the manufacturer to service said
components, or has demonstrated technical expertise in the field of
on-lot sewage system maintenance. All maintenance contractors shall
be approved by the Township to provide such maintenance services within
the borders of the Township.
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 ground-
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 comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Board and approved by the Pennsylvania
Department of Environmental Protection, pursuant to the Pennsylvania
Sewage Facilities Act.
Any community on-lot sewage system or individual on-lot sewage
system as defined herein.
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 legal
agency or municipal, public or private corporation for profit or not
for profit.
Work done to modify, alter, repair, enlarge or replace an
existing on-lot sewage disposal system.
A watertight receptacle that receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. This term is synomomous with the term
"holding tank."
The residual scum, sludge, and other materials pumped from,
but not limited to, initial treatment units, other treatment tanks,
pump tanks, and the systems they serve.
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 the DEP who is employed by the Chester
County Health Department. Such person is authorized to conduct investigations
and inspections, review permit applications, 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 Part or any
other ordinance adopted by the Township or Chester County Health Department.
Any area or areas of the Township designated in the Official
Sewage Facilities Plan adopted by the Board as an area for which a
sewage management program is to be implemented.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this Part, the Sewage Facilities
Act, the Clean Streams Law, the regulations promulgated thereunder,
and such other requirements adopted by the Board to effectively enforce
and administer this Part.
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.
The Township of Lower Oxford, Chester County, Pennsylvania.
2.
For the purposes of this Part, any term which is not defined herein
shall have that meaning attributed to it under the Sewage Facilities
Act and regulations promulgated thereto.
[Ord. 8-2011, 12/14/2011]
From the effective date of this Part, its provisions shall apply
to all portions of the Township served by on-lot sewage disposal systems.
Within such an area or areas, the provisions of this Part 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.
[Ord. 8-2011, 12/14/2011]
1.
No building permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until Act 537 planning approval
has been issued by the Department and the appropriate on-lot sewage
disposal system permit has been issued by the Chester County Health
Department SEO. Proof of on-lot sewage disposal system permit issuance
shall be presented to the Township in the form of a properly executed
permit signed by the Chester County Health Department SEO.
2.
No occupancy permit shall be issued for a new building which will
utilize an on-lot sewage disposal system until the sewage disposal
system has been installed and the completed installation is approved
by the Chester County Health Department SEO. Proof of on-lot sewage
disposal system final installation approval shall be presented to
the Township in the form of a properly executed permit signed by the
Chester County Health Department SEO.
3.
No building 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 from the Chester County Health Department
SEO 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 the Chester County
Health Department SEO that such a permit will not be required. The
Chester County Health Department SEO shall determine whether the proposed
alteration or conversion of the structure will result in increased
sewage flows.
4.
Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Chester County Health Department.
[Ord. 8-2011, 12/14/2011]
1.
Any on-lot sewage disposal system may be inspected by the Township's
authorized agent at any reasonable time as of the effective date of
this Part.
2.
Such inspection may include a physical tour of the property and examination
of any or all on-lot sewage disposal system components for the purpose
of identifying maintenance needs.
3.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section, after notices to
the property owners.
4.
Initial Inspections.
A.
An initial inspection shall be conducted by the Township's authorized
agent within three years of the effective date of this Part for the
purpose of determining the type, condition, and maintenance needs
of each on-lot sewage disposal system in the Sewage Management District.
B.
The Board may further define geographic subsets of the Sewage Management
District and associated timing of initial inspections to facilitate
administration.
C.
A written inspection report signed by the authorized agent shall
be furnished to the owner of each property inspected, and a copy of
each report shall be maintained in the Township records. All written
inspection reports shall be on a form provided by the Township.
D.
Initial inspection requirements may be waived if a person owning
a lot served by an on-lot sewage disposal system has had a new system
installed in accordance with all Chester County Health Department
and DEP standards within one year prior to the effective date of this
Part. Copies of all approved Chester County Health Department permit
data, including plot plan, design specifications, percolation test
reports, and installation inspection reports, must be submitted to
the Township within 30 days of the effective date of this Part to
qualify for a waiver from the initial inspection requirements.
5.
Routine Inspections.
A.
Each person owning a building served by an on-lot sewage system shall
employ a qualified maintenance contractor to complete routine inspections.
B.
Routine inspections shall be completed every three years after either
the date of initial inspection or a new on-lot sewage disposal system
installation pursuant to Subsection 4D, as applicable. Routine inspections
shall also be completed every three years after final installation
approved by the Chester County Health Department SEO for all on-lot
sewage disposal systems constructed after the effective date of this
Part.
D.
A written inspection report signed by the maintenance contractor
shall be furnished to the Township within 30 days of the applicable
period described in Subsection 5B. All written inspection reports
shall be on a form provided by the Township.
[Ord. 8-2011, 12/14/2011]
1.
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.
D.
Clean surface water or groundwater, including water from roof or
cellar drains, springs, basement sump pumps and french drains.
E.
Wastewater resulting from hair treatment at a multi-chaired beauty
shop.
F.
Any nonbiodegradable materials.
2.
The Township may require the installation of water-conservation devices
and other operation or maintenance procedures to improve on-lot sewage
disposal system performance.
[Ord. 8-2011, 12/14/2011]
1.
Each person owning a building served by an on-lot sewage disposal
system shall have that system pumped out within three years of the
effective date of this Part by a Chester County Health Department
licensed liquid waste hauler. Thereafter, that person shall have the
system pumped at least once every three years or whenever an inspection
reveals that the initial treatment unit is filled with solids or with
scum in excess of 1/3 of the liquid depth of the tank. Liquid waste
haulers are required to enter an electronic record in the Chester
County Septage Management Data System of each pumping conducted within
Chester County. These records may be utilized by the Township to document
all pumping requirements described herein. Receipts from the Chester
County Health Department licensed liquid waste hauler shall be submitted
to the Township within the prescribed three-year pumping periods in
the event said hauler fails to electronically report an on-lot sewage
disposal system pumping activity.
2.
The required pumping frequency may be modified at the discretion
of the Township if the initial treatment unit is undersized, if an
inspection reveals solids or scum in excess of 1/3 of the liquid depth
of the tank, if the hydraulic load on the system increases significantly
above average, if a garbage grinder is used in the building, if the
system malfunctions, or for other good cause shown. If a person can
prove that such person's tank had been pumped within one year
of the effective date of this Part, 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
shorter pumping intervals.
3.
All on-lot sewage disposal system pumping shall be performed in accordance
with Chapter 504 of the Chester County Health Department regulations
and shall also conform to the following minimum standards, unless
other standards are specified by an equipment manufacturer:
A.
At all times, the pumper truck operator's personal safety, as
well as protection of the environment and the landowner's property,
shall receive the highest priority.
B.
Tanks shall only be pumped from or through the manhole or access
port (i.e., the largest tank opening).
C.
Tanks shall not be pumped from or through the observation or inspection
port.
D.
When necessary to break up solids, backwashing with clean water or
material of a similar nature already on board the pumper truck may
be employed. Mechanical means (scraping, raking, etc.) are not necessary
but may be employed, provided that appropriate safeguards are taken
to prevent injury.
E.
When backwashing, care shall be taken not to fill or refill the tank
to a level greater than 12 inches below the elevation of the outlet
pipe.
F.
No liquids or solids are to be discharged into or through the outlet
pipe.
G.
Tanks shall be deemed to be cleaned when all organic solids are removed
and the total average liquid depth remaining in the tank is less than
one inch.
H.
Every pumping shall include a visual inspection, by the maintenance
contractor, to determine the presence and condition of treatment tank
baffles and the physical condition of the treatment tank. All resulting
observations shall be entered as an electronic record in the Chester
County Septage Management Data System.
I.
At all times, and in all phases of operations, the maintenance contractor
shall comply with all laws and regulations regarding the activities
associated with on-lot sewage disposal system maintenance and disposal
of materials removed therefrom.
4.
Any person owning a building served by an on-lot sewage disposal
system which contains an aerobic treatment 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 Part. Thereafter, service receipts shall
be submitted to the Township at all intervals specified by the manufacturer's
recommendations.
5.
Any person owning a building served by an on-lot sewage disposal
system which utilizes any components or technologies deemed by DEP
to require more-detailed operation and maintenance requirements than
provided for in this Part, including, but not limited to, individual
residential spray irrigation systems (IRSIS), alternate systems, or
experimental systems, shall be further subject to the maintenance
responsibilities recommended by the DEP for said system. These responsibilities
shall be memorialized in individual operation and maintenance agreements
for each such use, to which both the Township and the property owner
shall be party. The Township may impose additional requirements as
deemed necessary, including, but not limited to, collection of an
annual fee and additional financial security.
6.
Surface contouring shall be required as necessary to direct surface
water and drainageways from all components of on-lot sewage disposal
systems.
7.
Additional maintenance activity may be required as needed, including,
but not limited to, providing reasonable access to the initial treatment
unit, cleaning and unclogging of piping, servicing and the repair
of mechanical and electrical equipment, leveling of distribution boxes,
tanks and lines, removal of obstructing roots or trees, etc.
[Ord. 8-2011, 12/14/2011]
1.
Whenever any inspection reveals a suspected malfunction, the Township
shall convey all pertinent information to the Chester County Health
Department SEO, who shall make a final determination as to functional
status and rehabilitation measures required. Any person owning a building
served by an on-lot sewage disposal system determined to be in a state
of malfunction by the Chester County Health Department SEO shall perform
all corrective measures required by the SEO to abate the malfunction.
The Chester County Health Department SEO shall have the authority
to require abatement of any malfunction by the following methods:
cleaning, repair or replacement of components of the existing system,
adding capacity or otherwise altering or replacing the system's
initial treatment unit, expanding the existing disposal areas, replacing
the existing disposal area, replacing the system with a retaining
tank, frequent pumping, or any other alternative appropriate for the
specific site.
2.
In lieu of, or in combination with, the remedies described in this
section, the Chester County Health Department's Sewage Enforcement
Officer and/or the authorized agent may require the installation of
water-conservation equipment and the institution of water-conservation
practices in structures served. Water-using devices and appliances
in the structure may be required to be retrofitted with water-saving
appurtenances or they may be required to be replaced by water-conserving
devices.
3.
Should none of the remedies described in this section be totally
effective in eliminating the malfunction of an existing on-lot sewage
disposal system, the property owner is not absolved of responsibility
for that malfunction. The Township and the Chester County Health Department
may require whatever action is necessary to lessen or mitigate the
malfunction to the extent necessary.
4.
There may arise geographic areas where numerous on-lot sewage disposal
systems are known or are suspected to be 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. When a DEP-authorized Official
Sewage Facilities Plan revision has been undertaken, mandatory 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 may be compelled whenever a malfunction, as determined by the
Chester County Health Department and/or the Department, represents
a serious public health or environmental threat.
[Ord. 8-2011, 12/14/2011]
1.
Retaining tanks shall only be utilized as a remedy for a malfunctioning
on-lot sewage disposal system when it has been determined by the Chester
County Health Department SEO and the Township that no other remedy
is viable.
2.
Retaining tank installation and use shall be subject to all the requirements of Pa. Code Title 25, Chapter 71.63 (relating to retaining tanks), the requirements of the Chester County Health Department, and Lower Oxford Township Ordinance No. 4-2008 (relating to holding tanks) [Part 1 of this chapter].
3.
Any person owning a building served by a retaining tank shall annually provide to the Township a copy of a maintenance contract with an authorized maintenance contractor. For the purposes of this section, a maintenance contractor shall be a Chester County Health Department licensed liquid waste hauler. The contract shall provide for regular removal of the retaining tank contents in accordance with § 18-211 and with a frequency sufficient to prevent the contents from overflowing on the ground surface, and shall further specify the Chester County Health Department license number of the maintenance contractor.
[Ord. 8-2011, 12/14/2011]
The Township, upon written notice from an authorized agent or
from the Chester County Health Department's Sewage Enforcement
Officer that an imminent health hazard exists due to failure of the
property owner to maintain an on-lot sewage disposal system as provided
under the terms of this Part, shall have the authority to perform,
or contract to have performed, the work required by the authorized
agent or the Chester County Health Department's Sewage Enforcement
Officer. The owner shall be charged for the work performed, and, if
necessary, a lien shall be entered therefor in accordance with law.
[Ord. 8-2011, 12/14/2011]
1.
All septage originating within the Sewage Management District 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 all other applicable laws and at sites or facilities approved
by the DEP. Approved sites or facilities shall include the following:
septage treatment facilities, wastewater treatment plants, composting
sites, and approved farm lands.
2.
Pumper/haulers operating in the Sewage Management District 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),
all other applicable laws, and Chester County Health Department regulations.
[Ord. 8-2011, 12/14/2011]
1.
The Township shall fully utilize those powers it possesses through
enabling statutes and ordinances to effect the purposes of this Part.
2.
The Township shall use qualified individuals to carry out the provisions
of this Part. Those qualified individuals may include an authorized
agent 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
Part.
3.
All records, reports, files and other written materials relating
to the inspection, operation and maintenance of on-lot sewage disposal
systems in the Sewage Management District 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.
4.
The Board shall establish all administrative procedures necessary
to properly carry out the provisions of this Part.
5.
The Board may establish a fee schedule, and authorize the collection
of fees, to cover the cost to the Township of administering this Part,
consistent with local municipal code.
[Ord. 8-2011, 12/14/2011]
In addition to a proceeding under any other remedy available
to the Township at law or in equity for a violation of any provision
of this Part or any rule or regulation promulgated under this Part
or any order or permit issued by the Township pursuant to this Part,
the Township, after notices and hearing, may assess a civil penalty
against any person for that violation. All proceedings by the Township
to impose civil penalties pursuant to this section shall be governed
in all respects by the provisions of Section 13.1 of Act 537 (35 P.S. § 750.13a),
which are incorporated herein by reference in their entirety.
[Ord. 8-2011, 12/14/2011]
If any section or clause of this Part shall be adjudged invalid,
such adjudication shall not affect the validity of the remaining provisions,
which shall be deemed severable therefrom.
