[Adopted 2-20-2018 by Ord. No. 18-01]
A.
This article shall be known and may be cited as "An ordinance providing
for an On-Lot Sewage Management Program for Lower Paxton Township."
B.
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 Paxton 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 Lower Paxton
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 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.
As used in this article, the following terms shall have the
meanings indicated:
A sewage enforcement officer, employee of the Township, professional
engineer, plumbing inspector, or any other qualified or licensed person
who is authorized to function within specified limits as an agent
to administer or enforce the provisions of this article.
The Board of Supervisors, Lower Paxton Township, Dauphin
County, Pennsylvania.
A below ground cavity built of loose rock or blocks that
provides for the temporary storage of sanitary sewage until the sewage
drains into the surrounding area.
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 the Commonwealth of Pennsylvania.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The condition occurring when an on-lot sewage disposal system
discharges sewage onto the surface of the ground, into ground waters
of the commonwealth, into surface waters of the commonwealth, backs
up into a building connected to the on-lot 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 of
the conditions noted above occur for any length of time during any
period of the year.
Lower Paxton Township, Dauphin County, Pennsylvania.
A comprehensive plan for the provision of adequate sewage
disposal systems, adopted by the Township and approved by the Pennsylvania
Department of Environmental Protection, as described in and required
by the Pennsylvania Sewage Facilities Act.
A comprehensive set of legal and administrative requirements
including this article, the Act, the Clean Streams Law, and all regulations
and requirements adopted by the Board to enforce and administer this
article.
Any system for disposal of sewage involving pretreatment
and subsequent disposal of the clarified sewage into the soil for
final treatment and disposal; including both individual sewage systems
and community sewage systems.
Any person having an equitable or legal interest in real
estate in Lower Paxton Township.
Any individual, association, partnership, public or private
corporation whether for profit or not-for-profit, partnership, firm,
trust, estate, department, board, bureau or agency of the Commonwealth,
political subdivision, municipality, district, authority or other
legally recognized entity which is recognized by the 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 offices of any local 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 disposal system.
Any human excrement, other domestic or restaurant waste,
or other material or substance removed from a portable toilet, septic
tank, seepage pit, treatment tank, cesspool, or other enclosure used
for the storage or decomposition of sewage, but does not include liquid
industrial waste.
Township form to be completed by the pumper/hauler for each
individual tank and forwarded to the Township after each inspection
and/or pumping.
A watertight tank that provides for the treatment of sanitary
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 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. 94), known as "the
Clean Streams Law," as amended.
An agent of the Township, certified by DEP to issue and review
permit applications and conduct such investigations and inspections
as are necessary to implement Act 537 and the rules and regulations
promulgated there under.
Any method of sewage collection, conveyance, treatment, and
disposal, which will prevent the discharge of, untreated or inadequately
treated sewage into the waters of this Commonwealth or otherwise provide
for the safe and sanitary treatment and disposal of sewage.
Any area or areas of the Township designated in the 537 Plan
adopted by the Board as an area where sewage management is to be implemented.
Lower Paxton Township, Dauphin County, Pennsylvania.
From the effective date of this article, its provisions shall
apply to every owner of a lot served by an on-lot sewage system within
Lower Paxton Township and all persons or businesses servicing on-lot
sewage systems (constructing, pumping, inspecting, or repairing on-lot
sewage systems) within the Township.
A.
No person shall install, construct or request bid proposals for construction,
or alter an individual sewage system or community sewage system or
construct or request bid proposals for construction or install or
occupy any building or structure for which an individual sewage system
or community sewage system is to be installed without first obtaining
a permit 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.
B.
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 elapsed, excepting Sundays and Holidays, since the sewage enforcement
office 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.
C.
Applicants for sewage permits shall 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 a sewage enforcement officer.
D.
No building or occupancy permit shall be issued for a new building
which will contain sewage generating facilities until a valid sewage
permit has been obtained from a sewage enforcement officer.
E.
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 for alteration or replacement of the existing
sewage disposal system or until the structure's owner and the
appropriate officials of Lower Paxton 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.
F.
Sewage permits may be issued only by a sewage enforcement officer
employed by Lower Paxton Township. DEP shall be notified as to the
identity of each sewage enforcement officer employed by the Township.
A.
An inspection shall be conducted whenever an on-lot sewage system
is pumped in accordance with this article. It shall be the property
owner's responsibility to schedule the inspection with a licensed
pumper/hauler who is registered with the Township for the same time
as the system is pumped.
B.
The person completing the inspection shall prepare a written report
on the inspection findings using the Lower Paxton Township septic
system report form and immediately provide the completed form to the
property owner who shall be responsible for submitting the completed
form to the Township.
C.
Any on-lot sewage disposal system may be inspected by an authorized
agent at any reasonable time as of the effective date of this article.
D.
An authorized agent shall have the right to enter upon land for the
purposes of inspections described in this section.
E.
The inspection by the Township's SEO may include a physical
tour of the property, the taking of samples from surface water, wells,
other groundwater sources, the sampling of the contents of the sewage
system itself and/or the introduction of a traceable substance into
the interior plumbing of the structure served to ascertain the path
and ultimate destination of wastewater generated in the structure.
The owner will bear the cost of the inspection and the analysis of
any sample(s).
F.
An authorized agent shall inspect systems known to be, or alleged
to be, malfunctioning. Should said inspections confirm that the system
is malfunctioning, the authorized agent shall order action to be taken
to correct the malfunction. If total correction cannot be done in
accordance with the regulations of DEP including, but not limited
to, those outlined in Chapter 73 of Title 25 of Pennsylvania Code
or, is not technically or financially feasible in the opinion of the
authorized agent and a representative of DEP; then action by the property
owner to mitigate the malfunction shall be required.
A.
Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system.
(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 or groundwater, including water from roof or cellar
drains, springs, basement sump pumps and trench drains.
A.
The Township shall notify all owners of property served by an on-lot
sewage disposal system that their system must be pumped and inspected
within 12 months from the date the notification letter is postmarked.
The Township shall follow a schedule whereby approximately 1/3 of
all owners of properties within the Township served by on-lot sewage
disposal systems are notified annually of the pumping and inspection
requirement, such that all owners are notified at least once every
three years. Any person owning a building served by an on-lot sewage
system within the boundaries of Lower Paxton Township, which contains
a treatment tank, shall have the tank pumped by a licensed pumper/hauler
who is registered with the Township. The property owner must have
his system pumped within the time period specified in the Township's
notification letter, unless he can provide the Township with a receipt,
or other written evidence showing that his tank has been pumped within
the past one year. Property owners providing such written documentation
satisfactory to the Township can request a postponement of their initial
required pumping until the end of a three-year period following enactment
of this article.
B.
Property owners within the Sewage Management District must provide
a fully completed septic system report to the Township within 30 days
of the date of pumping. The property owner shall mail or hand-deliver
the septic system report to the Township Municipal Center at 425 Prince
Street, Harrisburg PA 17109.
C.
Commencing from the date of pumping as prescribed in Subsection A above, removal of septage or other solids from treatment tanks shall be performed every three years or whenever an inspection program reveals the treatment tanks are filled with solids in excess of 1/3 of liquid depth of the tank or filled with scum in excess of 1/3 the liquid depth of the tank.
D.
The required pumping frequency may be increased at the discretion
of the SEO 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 (as determined
by the SEO).
E.
Treatment tanks to be pumped more frequently than the required three
years must have a septic system report prepared and provided to the
Township within 30 days of each pumping occurrence.
F.
The Township may allow a treatment tank to be pumped less than once
every three years if it is demonstrated to the satisfaction of the
Township that the system will operate to its maximum efficiency with
less frequent pumping. In no case shall the period extend beyond six
years. Such a request may be made after the initial pumping and inspection.
Requests must be in writing with all supporting documents attached.
The Township, in making its determination, shall take into account
the information submitted by the applicant, the sewage permit issued
by the Township SEO upon installation or rehabilitation of the system
and supporting documentation, reports of inspection and maintenance
of the system including documentation that the sludge depth and/or
scum layer is less than 1/3 of the tank capacity as determined by
a pumper/hauler, and other relevant information, and may conduct an
on-site inspection. The applicant shall bear the cost of any inspection,
surface or subsurface, and soil or wastes sampling conducted for the
purposes of evaluating the request. The applicant shall receive a
decision within 30 days of receipt of all necessary information by
the Township.
G.
The owner of a property upon which an on-lot sewage system is constructed
shall maintain the area around such system so as to provide convenient
access for inspection, maintenance, and pumping; and divert surface
water and downspouts away from the absorption area and other on-lot
sewage system components.
H.
Tanks shall only be pumped from/through the manhole/access port,
i.e. the largest tank opening. Tanks shall not be pumped from/through
the observation port.
I.
Any person owning a building served by an on-lot sewage disposal
system which utilizes alternate technology or 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 article. Thereafter,
service receipts shall be submitted to the Township at the intervals
specified by the manufacturer's recommendations. In no case may
the service or pumping intervals for aerobic treatment tanks exceed
those required for septic tanks.
J.
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, or other acceptable
means as determined by the SEO and/or DEP.
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 the
waters of the commonwealth unless a permit for such discharge has
been obtained from DEP.
B.
A written notice of violation shall be issued to any person who is
the owner of any property which is found to be served by a malfunctioning
on-lot sewage disposal system or which is discharging sewage without
a permit.
C.
Within seven days of notification by the Township that a malfunction
has been identified, the property owner shall make application to
the sewage enforcement officer for a permit to repair or replace the
malfunctioning system. Within 30 days of initial notification by the
Township, construction of the permitted repair or replacement shall
commence. 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.
D.
A sewage enforcement officer shall have the authority to require
the repair 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 treatment
tank, expanding the existing disposal areas, replacing the existing
disposal area, replacing a gravity distribution system with a pressurized
system, replacing the system with a holding tank, or any other alternative
appropriate for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, a sewage enforcement officer 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.
The Township, upon written notice from the SEO that an imminent
health hazard exists due to failure of property owner to maintain,
repair or replace an on-lot sewage disposal system as provided under
the terms of this article, shall have the authority to perform, or
contract to have performed, the work required by the SEO. The owner
shall be charged for the work performed and, if necessary, a lien
shall be entered therefor in accordance with law.
A.
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 DEP.
B.
Pumper/haulers of septage operating within 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) and all other applicable
laws.
C.
All pumper/haulers of septage operating in the Township shall maintain
registration with the Township and shall pay all registration fees
as set forth by the Township.
A.
The Township shall employ or contract with qualified individuals
to carry out the provisions of this article.
B.
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 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 DEP.
C.
The Township Board of Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
D.
The Township Board of Supervisors may establish a fee schedule, and
authorize the collection of fees, to cover the cost to the Township
of administering this program.
A.
Appeals from final decisions of the Township or any of its authorized
agents under this article shall be made to the 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, if 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. If the appeal is received within 14 days of the next regularly
scheduled meeting, the appeal shall be heard at the next 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.
Any person failing to comply with any provision of this article
shall be subject to a fine of not less than $500 and costs, and not
more than $5,000 and costs, or in default thereof shall be confined
in the county jail for a period of not more than 90 days. Each day
of noncompliance shall constitute a separate offense.
