[Adopted 5-2-2018 by Ord.
No. 2018-02]
A.
This article shall be known as "On-Lot Sewage Disposal Facilities."
B.
In accordance with the Second Class Township Code (53 P.S. § 65101
et seq.), the Pennsylvania Clean Streams Law (35 P.S. § 691.1
et seq.) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq., known as Act 537), municipalities have the power and the
duty 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 Township has made
a commitment to formulate and implement a sewage management program
for all lots within the Township utilizing on-lot sewage disposal
systems.
C.
The purpose of this article is to provide for the regulation, maintenance,
inspection, and repair of on-lot sewage disposal systems; and to establish
responsibilities for the proper administration and enforcement of
a sewage management program.
As used in this article, the following terms shall have the
meanings indicated below, unless the context indicates otherwise.
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[1] and regulations promulgated thereto:
A component of an individual or community sewage system where
liquid from a septic tank seeps into the soil; it consists of an aggregate
filled area containing piping for the distribution of liquid and the
soil or sand/soil combination located beneath the aggregate.
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 the
Township to administer and enforce the provisions of this article.
The Board of Supervisors of East Caln Township, Chester County,
Pennsylvania.
The Chester County Health Department, Chester County, Pennsylvania.
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.
A watertight receptacle which receives and retains sewage
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site. A "holding tank" shall not include
a privy, chemical toilet or other facility designed to receive sewage
where there is no water under pressure.
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 use of a system of
piping, treatment tanks, and soil renovation through spray irrigation.
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.
Any system for disposal of sanitary sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil through
either a cesspool, an absorption area, or a sprayfield (individual
residential spray irrigation systems) for final treatment and disposal,
including both individual on-lot sewage systems and community on-lot
sewage systems.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any individual, company, 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 having rights and duties. Whenever used
in any clause prescribing and imposing a penalty or imposing a fine,
the term "person" shall include the members of an association, partnership
or firm and the officers of any local agency or municipal, public
or private corporation for profit or not for profit.
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 synonymous with the term
"holding tank."
The residual scum, sludge, and other materials pumped from,
but not limited to, initial treatment units, other treatment tanks,
retaining 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,"[2] as amended.
A person certified by the Department of Environmental Protection
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,[3] the rules and regulations promulgated thereunder and this
article or any other ordinance adopted by the Township or Chester
County Health Department.
A comprehensive set of legal and administrative requirements
encompassing the requirements of this article, the Sewage Facilities
Act,[4] the Clean Streams Law,[5] the regulations promulgated thereunder and such other
requirements adopted by the Board to effectively enforce and administer
this article.
A sewer facility that serves single-family residences, duplexes
and small commercial establishments with domestic type sewage not
exceeding 2,000 gallons per day. These facilities ultimately discharge
treated wastewater directly to surface waters.
East Caln Township, Chester County, Pennsylvania.
A tank that provides for aerobic or anaerobic decomposition
of sewage to take place prior to discharge to an absorption area.
This term shall also include all types of cesspools.
This article shall be effective throughout the Township and
shall apply to all portions of the Township served by OLDS. Within
such an area or areas, this article shall apply to all persons owning
a property served by an OLDS and to all persons installing or repairing
an OLDS.
A.
No building permit shall be issued for a new building which will
utilize an OLDS until the Act 537 planning approval has been issued
by PaDEP and the appropriate permit has been issued by the CCHD. Proof
of permit issuance shall be presented to the Township.
B.
No occupancy permit shall be issued for a new building which will
utilize an OLDS unless the sewage disposal system has been installed
and the completed installation is approved by the CCHD. Proof of OLDS
final installation approval shall be presented to the Township.
C.
No building or occupancy permits shall be issued or 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 CCHD for the alteration or replacement
of the existing sewage disposal system or until the structure's owner
and the Township receive written notification from the CCHD that such
a permit is not required.
D.
Sewage permits may be issued only by an SEO employed by the CCHD.
A.
Each person owning a building served by an OLDS or SFSTF shall have
their system pumped by a licensed sewage hauler on or before September
1, 2018, and on or before September 1 of each third year thereafter.
B.
Removal of septage or other solids from treatment tanks shall be
performed at least once every three years or whenever an inspection
program reveals that the treatment tank is filled with solids or with
scum in excess of 1/3 of the liquid depth of the tank.
C.
The required pumping frequency many be increased at the discretion
of either the Township, the CCHD, or the PaDEP 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 is used in the building, if the system malfunctions,
or for other good cause shown.
D.
Any person owning a building served by an OLDS or SFSTF shall:
(1)
Have the system on their property inspected during the pumping activities
in accordance with the Septic System Inspection Checklist as prepared
by the Pennsylvania Septage Management Association.
(2)
Provide the Township with a receipt documenting the date that the
system was inspected and a copy of the inspection checklist. Such
receipt and checklist must be submitted to the Township within 30
days of the inspection.
(3)
Discharge only normal domestic waste into the OLDS. 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 or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and French drains.
(e)
Wastewater resulting from hair treatment at a multichaired beauty
shop.
(4)
Provide an adequate supply of electrical power with the proper phase,
frequency, voltage as recommended by the equipment manufacturer of
the various components of the system.
(5)
Not plant trees or shrubs in the absorption area or to otherwise
excavate or damage the absorption area.
(6)
Protect the absorption area from vehicle traffic and protect the
absorption area and system components from stormwater runoff.
E.
No building of any structures, including but not limited to swimming
pools or sprinkler systems, on or within 10 feet of the absorption
area or any components of the system.
F.
Any person owning a building served by an OLDS or SFSTF that contains
pre-treatment components or technologies deemed by PaDEP and the Township
to require more detailed operation and maintenance requirements than
provided for in this article, including but not limited to peat filters,
sand filters, UV or chlorine disinfectant and nitrate reductions systems,
shall:
(1)
Follow the operation and maintenance recommendations of the equipment
manufacturer.
(2)
In no case may the service or pumping intervals for pre-treatment
treatment tanks exceed those required for septic tanks. 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.
(3)
Provide the Township with a receipt documenting the service activities
at the intervals specified by the manufacturer's recommendations.
Such receipt must be submitted to the Township within 30 days of the
cleaning or inspection.
G.
Any person owning a building served by an OLDS or a SFSTF that is
found to be in unsatisfactory condition by the SEO shall:
(1)
Have the OLDS or SFSTF repaired within 60 days from the date if the
unsatisfactory condition was identified, weather permitting.
(2)
Provide the Township with a receipt documenting the date on which
the system was repaired along with a copy of the CCHD permit authorizing
the repair. Such receipt and permit must be submitted to the Township
within 30 days of the completion of the repair.
H.
Any person owning a building served by a SFSTF shall:
(1)
Follow all requirements stated in the permit issued by the PaDEP,
including maintenance of all pre-treatment equipment and water quality
sampling and monitoring.
(2)
Remain in compliance with the permit issued by the PaDEP, including
all requirements through the National Pollutant Discharge Elimination
System (NPDES) regulations.
(3)
Annually submit a copy of the annual maintenance report prepared
by a service provider and/or manufacturer's qualified inspector and
documentation of any repairs performed to the Township.
I.
Any person owning a building served by a community on-lot sewage
system or an OLDS which utilized technologies or components deemed
by PaDEP or the Township to require more detailed operation and maintenance
requirements than provided for in this article, including but not
limited to individual residential spray irrigation systems, alternate
systems or experimental systems, shall be further subject to the maintenance
responsibilities recommended by PaDEP for the system. These responsibilities
shall be memorialized in individual sewage facilities operation and
maintenance agreement for each such use, to which both the Township
and the property owner shall be a party. Such agreement shall contain
system-specific requirements for the proposed system type and will
define responsibilities for the proper protection and maintenance
of the system. The operation and maintenance agreement shall provide
for the deposit of a nonrefundable fee to the Township for administration
and future compliance and monitoring and shall further require the
owner to post financial security in an amount established by the Township
to guarantee the proper operation and maintenance of the proposed
facility in accordance the Act 537 and the terms of this article.
Property owners who are required to enter into operation and maintenance
agreements pursuant to this article shall provide potential buyers
of their property with a copy of the agreement, the Township maintenance
requirements and the maintenance and repair record for the system.
Authorized agents of the Township are authorized to inspect
the pumping, maintenance, service, or repair of an OLDS or SFSTF upon
presentation of proper credentials and reasonable notice to the property
owner.
The Board, or its authorized agents, is hereby authorized to
give notice, by personal service or by the United States mail, to
the person who owns the property on which an on-lot sewage disposal
system or small flow sewage treatment facility is located, requiring
such owner to pump, inspect, or repair the on-lot system and provide
the Township with a receipt and other specified information documenting
the date on which the on-lot sewage system was pumped, inspected or
repaired.
A.
Cost for the municipal administration of the management program,
including but not limited to maintaining on-lot system information
and monitoring compliance, shall be assessed to property owners included
in the program and be set by resolution from time to time.
B.
The Township may retain qualified individuals or firms to assist
the Township in the administering and enforcing of the terms of this
article. Those individuals shall include an authorized agent and may
include such other persons as may be necessary to carry out the provisions
of this article.
C.
It shall be each property owner's responsibility to contract with
a licensed sewage hauler and certified on-lot sewage system inspector
for the pumping and inspection of the on-lot sewage system.
A.
Any person who violates or permits the violation of any provision
of this article shall, upon being found liable therefore in a civil
enforcements proceeding commenced by the Township before the District
Justice, pay a judgment of not more than $600 plus all costs, including
but not limited to reasonable attorney fees incurred by the Township
as a result thereof. 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, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
shall constitute a separate violation.
B.
In addition to the remedies set forth above, the Township may proceed
in law or equity to remove or abate any continuing violation of this
article and in addition, may proceed to impose and collect the costs
of such removal or abatement, together with a penalty as set forth
in this article.
C.
Enforcement proceedings under this article are separate from any
proceedings or penalties imposed for violation of any regulations
of the CCHD or PaDEP.
