[HISTORY: Adopted by the Board of Commissioners of the Township
of Bethlehem 3-15-2021 by Ord. No. 03-21. Amendments noted where applicable.]
The purposes of this chapter include:
A.
The regulation of the installation, inspection, operation, rehabilitation,
replacement and timely on-going maintenance of on-lot sewage systems
within the Township; and
B.
The establishment of provisions and safeguards for the Township,
which enable the issuance of permits for bonded systems by and through
the Sewage Enforcement Officer; and
C.
The registration of businesses that remove and dispose of septage;
and
D.
Establishment of minimum standards for the periodic pumping of treatment,
dosing and lift-pump tanks, which are components of on-lot sewage
systems permitted by the SEO; and
E.
Adoption, by reference, of standards for initial inspection and subsequent
pumping of on-lot sewage systems and tanks.
The following words and terms when used in this chapter shall
have the following meanings:
A component of an individual or community sewage system where
liquid from a treatment 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 Pennsylvania Sewage Facilities Act, Act of January 24,
1996, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
A certified Sewage Enforcement Officer (SEO), professional
engineer or sanitarian, plumbing inspector, soils scientist, water
quality coordinator, or any other person who is designated to carry
out the provisions of this chapter as the agent of the Board.
The Board of Commissioners of Bethlehem Township, Northampton
County, Pennsylvania.
An individual sewage system located on a single lot serving
a single-family residence, where soil mottling is within 20 inches
of the mineral soil surface, and the installation, operation and replacement
of which is guaranteed by the property owner.
A system, whether publicly or privately owned, for the collection
of sewage of a liquid nature from two or more lots, and for the treatment
or disposal of the sewage on one or more of the lots or at any other
site.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any person, partnership, corporation or other entity which
erects or contracts to erect a building on property owned by it, with
the intent to sell the building to some other party upon its full
or partial completion, or upon the conveyance of property on which
the building is to be built.
For the purpose of determining the number of lots in a subdivision
or land development, that part of a multiple-family dwelling, commercial,
industrial or institutional establishment with sewage flows equal
to 400 gallons per day.
A sewage disposal system, which uses a system of piping,
tanks and an absorption area for soil absorption of sewage effluent
either on the lot being served or in an easement onto another lot.
An individual sewage system which uses a method of sewage
collection, conveyance, treatment and disposal other than renovation
in a soil absorption area, or retention in a retaining tank.
The condition which occurs when an individual on-lot sewage
system causes pollution to the ground or surface waters, contamination
of private or public drinking water supplies, nuisance problems or
hazard to public health.
A sewage system that encompasses one of the following: bonded
disposal system, community sewage system, individual on-lot sewage
system, or individual sewage system.
Any person, corporation, partnership or other entity holding
deed or fee simple title to lands within the Township.
A revision to, or exception to the revision of, the Official
Plan, submitted in accordance with DEP regulations, and in connection
with the request for approval of a subdivision or land development
plan.
An area on a lot, tract or parcel of land that has been tested
by the SEO and found suitable, based upon the then current DEP site
requirements, for the installation of an on-lot sewage system, and
which will be preserved and protected from alteration for installation
of the initial individual on-lot sewage system for sewage generated
on that lot, tract, or parcel (see "replacement area").
Any sole proprietor, company, partnership, corporation or
other entity which engages in cleaning any or all components of a
community or individual on-lot sewage system and evacuates and transports
the septage cleaned therefrom, whether for a fee or free of charge.
A natural person who engages in cleaning any or all components
of an on-lot sewage system and evacuates and transports the septage
cleaned therefrom, whether for a fee or free of charge.
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
Work done to modify, alter, rehabilitate or enlarge an existing
on-lot sewage system.
An area on a lot, tract, or parcel of land, separate from
the primary area, that has been tested by the SEO and found suitable,
based upon the then current DEP site requirements, for the installation
of an on-lot sewage system, and which will be preserved and protected
from alteration for potential future use if the primary area on the
same lot, tract, or parcel shall fail for any reason (see "primary
area").
A watertight receptacle, which receives and retains sewage
and is designed and constructed to facilitate ultimate disposal of
the sewage at another site. The term includes but is not limited to,
the following:
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.
PRIVYA tank designed to receive sewage where water under pressure is not available.
INCINERATING TOILETA device capable of reducing waste materials to ashes.
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste, employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
The residual scum, sludge and other materials pumped from
septic or aerobic treatment tanks and the systems they serve.
Any substance that contains any waste products, or excrement,
or other discharge from the bodies of human beings or animals, a substance
harmful to the public health, animal or aquatic life, or the use of
water for domestic water supply or for recreation, or a substance
which constitutes pollution to the waters of the Commonwealth of Pennsylvania
under the Clean Streams Law (35 P.S. 691.1 through 691.1001).
A person certified by the State Board for the Certification
of Sewage Enforcement Officers, who is employed by the Township to
administer the provisions of this Ordinance, the provisions of the
Act, and the regulations in PA Code Title 25, Chapters 71, 72 and
73.
Any method of sewage collection, conveyance, treatment, and
disposal, which will prevent the discharge of untreated or inadequately
treated sewage into the waters of the Commonwealth of Pennsylvania,
or otherwise provide for the safe treatment and disposal of sewage
or other waste.
An on-lot system that uses the renovative capacity of the
soil for final treatment of the effluent. All SEO permitted systems,
except retention tank systems, are soil absorption systems.
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.
Refers to both a machine and a process. For the purposes
of this chapter, the word terralift applies to this and all similar
processes, including but not limited to "rejuvenator," and "soil blaster,"
which introduce material into the soil to increase its porosity or
percolation rate.
A process by which small diameter pellets of plastic or a
similar material are injected into the soil in the vicinity of the
absorption area of an on-lot sewage disposal system. The process is
intended to fracture the soil and establish porosity more similar
to the conditions that existed previously on the site.
Bethlehem Township, Northampton County, Pennsylvania.
A watertight tank designed to retain sewage long enough for
satisfactory bacterial decomposition of the solids to take place.
The term includes the following:
SEPTIC TANKA treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.
AEROBIC SEWAGE TREATMENT TANKA mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.
Coordination with building permits; DEP permitted systems.
A.
All on-lot sewage systems, regardless of the size of the lot, tract,
or parcel on which they are proposed to be constructed, are subject
to issuance of a permit by the SEO pursuant to the requirements of
this chapter, the Act and regulations.
B.
Building and zoning permits shall not be issued for any building,
or improvement to real property to be serviced by an on-lot sewage
system, prior to receiving a permit for the installation of the on-lot
sewage system from the SEO.
C.
All system components including absorption areas must be located
on the same lot, tract, or parcel as the structure they will service.
Systems or components cannot be located on a separately deeded parcel,
regardless of the parcel's ownership, or through means of an
easement, right-of-way or other instrument, unless approved by the
SEO.
D.
All planning modules for land development proposing on-lot sewage
systems which require a DEP permit shall include a provision granting
the Township and its agents the right to enter the premises to inspect
the construction and/or operation of the DEP permitted system, and
if the system is not being constructed or operated according to the
permitted design, issue a stop work order or revoke the occupancy
permit issued by the Township until construction or operation is brought
into compliance with the permit.
E.
No on-lot sewage system shall be altered, extended, augmented, modified
or repaired without the issuance of a repair permit by the SEO.
F.
The use of a terralift machine or conducting a terralift procedure
are hereby deemed to constitute the alteration of an on-lot sewage
system, and either or both activities may only be undertaken pursuant
to a permit issued by the SEO. The permit shall validate the absence
of a malfunction and conformity of the site with DEP requirements
for terralift procedures per Chapter 72, Subsection 72.22(b) of the
regulations.
G.
No on-lot sewage system shall be used or loaded in a manner which
is inconsistent with the permit that was issued to authorize that
system's installation.
H.
Permit applications for on-lot sewage systems, which include electronically,
mechanically, hydraulically or pneumatically operated or controlled
devices shall be accompanied by the respective manufacturer's
recommended maintenance schedule and product specifications.
I.
Permit applications for which the provisions of § 201-5 of this chapter apply shall include a fully executed maintenance contract indicating the person or company responsible to carry out the required maintenance, the maintenance schedule, and a provision that if the contract is terminated that the Township be so notified, in writing, within three days of such termination.
A.
A replacement area shall be required for all proposed lots, which
are intended to be serviced by a soil absorption system.
B.
A replacement area shall be required for all unimproved lots existing
prior to the effective date of this chapter, which are intended to
be serviced by a soil absorption system.
C.
Allowance of open land for the replacement area, without performance
of appropriate soil testing to verify suitability of the land for
a replacement area, shall not constitute compliance with the requirements
of this section.
D.
The location of the primary and replacement areas shall be delineated
and identified as an absorption area on the plot plans, maps or diagrams
submitted as part of the permit application and subdivision or land
development plan.
E.
The description, including metes and bounds, of every absorption
area shall be recorded as part of the deed for each lot created as
part of a subdivision or land development, and shall contain language
reflecting the following:
(1)
No improvements, whether permanent or temporary, shall be constructed
upon or within the absorption area.
(2)
No permanent or temporary alterations, grading, excavation, stockpiling
of any soil or any other material shall take place on or in the absorption
area.
(3)
During any construction or other activities, the absorption area
shall be so marked to prevent equipment with greater wheel loadings
than a common garden tractor/riding mower from traveling over or operating
upon the surface of the absorption area.
(4)
The final cover or improvement to every absorption area shall be
limited to shallow-rooted plant matter.
F.
An owner wishing to alter the use of the absorption area must first
document, through a site evaluation by the SEO, that an additional
area suitable for the installation of an on-lot sewage system exists,
and upon such a finding shall:
A.
The owner of a property upon which an on-lot system is constructed
shall at all times operate and maintain the on-lot sewage system in
such condition as will permit it to function in the manner in which
it was designed and to prevent the unlawful discharge of sewage.
B.
The owner of a property upon which an on-lot sewage system is constructed
shall maintain the area around such on-lot sewage system so as to
provide convenient access for inspection, maintenance and pumping,
and divert surface water and downspouts away from the absorption area
and system components.
C.
In the event an owner detects conditions that indicate or could reasonably
be interpreted to indicate a malfunction, the owner shall contact
the SEO and, if repair or replacement is necessary, apply for a permit
to repair or replace malfunctioning on-lot sewage system.
(1)
Owners who disclose to the SEO the presence of a malfunction upon
their lands shall not be penalized for the disclosure.
(2)
If an owner who has disclosed the presence of a malfunction fails
to make voluntary repairs, the Township may seek injunctive or other
relief to compel the repair of the malfunction or cause the repair
to be effectuated.
D.
Every aerobic or septic treatment tank, which discharges effluent to a soil absorption area, shall be pumped out according to the schedule in § 201-10 of this chapter. If a component's manufacturer requires a more frequent pumping interval than contained in this chapter, that interval shall be deemed the minimum interval for pumping.
E.
When an on-lot sewage system's treatment tank is pumped out,
all dosing tanks, lift tanks and other tanks associated with the on-lot
sewage system shall also be pumped out.
F.
Retaining tanks and privies shall be pumped out at such intervals
as will prevent overflow, leakage, backup, other malfunction, or a
public health hazard or nuisance, but no less frequently than one
time per year in accordance with the Township holding tank regulations
and requirements.
G.
Upon completion of each required pumping, the pumper/hauler business
shall provide the required information in compliance with the pumping
license requirements of the Township.
H.
The first time an on-lot sewage system's tank is pumped, the
applicant shall retain a certified inspection agency or inspector
to conduct an overall certification of their existing on-lot sewage
system. The inspector/agency shall provide a report to the Township
which includes the following minimum information which shall be developed,
discovered or otherwise obtained as a result of an on-lot sewage system
inspection conducted according to the then current inspection protocol
of the Pennsylvania Septage Management Association:
I.
Persons conducting inspections of existing on-lot sewage systems
for the purpose of system certifications shall have successfully completed
the On-Lot Wastewater Treatment System Inspector program of the Pennsylvania
Septage Management Association and be so certified. Inspectors shall
be registered with the Township so that they will be able to file
notices of certification inspection reports with the Township.
J.
Initial and periodic tank pumping shall be performed to these minimum
standards unless other standards are specified by an equipment manufacturer:
(1)
Tanks shall only be pumped from/through the manhole/access port,
i.e., the largest tank opening.
(2)
Tanks shall not be pumped from/through the observation port.
(3)
Every pump-out shall include a visual inspection of the interior
of the tank. The inspection shall include a determination regarding
the presence of baffles and their condition, as well as the physical
condition of the treatment tank. Presence and condition of observation
port(s) shall also be reported.
(4)
At all times, and in all phases of operations, pumper businesses
and equipment operators shall comply with all laws and regulations
regarding the activities associated with on-lot wastewater system
septage disposal.
K.
Any person owning a building served by an aerobic treatment tank
or an on-lot sewage system, which includes any electrically, mechanically,
hydraulically or pneumatically operated or controlled device, shall
follow the maintenance recommendations of the equipment manufacturer.
(1)
A copy of the manufacturer's recommendations and owner's
manual shall be on file with the Township after the effective date
of this chapter.
(2)
Owners of systems with components requiring periodic maintenance
shall be required to submit reports of maintenance performed to the
Township, documenting maintenance/service was performed at the intervals
called for an in a manner consistent with the various components'
manufacturers.
L.
The SEO may require additional maintenance activities including,
but not limited to, cleaning or unclogging of piping, servicing or
repair of mechanical equipment, leveling of distribution boxes, tanks
and lines, removal of obstructing roots or trees, and diversion of
surface water away from soil absorption areas.
A.
All on-lot sewage systems shall be operated by the user in a manner
that is in full compliance with the terms of this chapter, the Act
and regulations, and the on-lot sewage system's permit.
B.
Only sewage and normal domestic wastes shall be discharged into any
on-lot sewage system.
C.
D.
All water used within a residence, including kitchen and laundry
wastes and water softener backwash, and all sewage shall be discharged
into a treatment tank.
E.
Any property that discharges non-residential wastewater to the on-lot
sewage system may be classified as industrial waste users by PA DEP.
These owners shall obtain an operating permit from PA DEP. In addition,
large volume systems (over 10,000 gpd) shall also be permitted by
PA DEP.
F.
No on-lot sewage system shall discharge untreated or partially treated
sewage to the surface of the ground, or into the waters of the Commonwealth
of Pennsylvania, unless a permit to discharge has been obtained from
the PA DEP.
A.
All permits for the installation of on-lot sewage systems shall be
conditioned upon the inclusion of language in the deed to the property
establishing a grant of right of entry by the owner, his heirs, successors,
and assigns to the Township for the limited purpose of inspecting,
maintaining, sampling, testing, evaluating or repairing on the on-lot
sewage system described in the application and permit ("right of entry').
B.
The grant of right of entry cannot be revoked, suspended or discontinued
by the present or any future owner.
C.
Any property on which an on-lot sewage system presently exists, or
on which an on-lot sewage system is under construction, shall not
be conveyed by the owner of the property without the inclusion of
language in the deed establishing and assigning a non-revocable grant
of right of entry by the owner, his heirs, successors, and assigns
to the Township for the limited purpose of inspecting, maintaining,
sampling, testing, evaluating or repairing the on-lot sewage system
described in the application and permit.
D.
In the event that the on-lot sewage system is abandoned and not replaced
by another on-lot sewage system, and all sewage is collected and treated
at a site not on the lot, the Township shall terminate the right of
entry, which then shall cease.
A.
At least seven days before offering inspection services to owners
that will enable their compliance with the terms of this chapter,
all inspectors and businesses shall:
(1)
Register with the Township and comply with all reporting requirements
established herein;
(2)
Document membership in the PA Septic Management Association;
(3)
Document that there is at least one employee/owner certified by the
PA Septic Management Association to perform on-lot wastewater treatment
inspections;
(4)
Identify all employees/owners that will provide these services in
the Township;
(5)
Provide a current fee schedule for all services required under this
chapter.
B.
When there is a change in the personnel/employees that provides services
in accordance with this chapter, it shall be the duty and obligation
of the business owner to notify the Township of the changes within
seven days of the effective date of the change.
The Board may from time to time, by resolution, establish a
fee schedule and collect fees to cover the Township's actual
costs of administering this chapter.
A.
Every on-lot sewage system in the Township shall be inspected and
every treatment tank associated with every on-lot sewage system shall
be pumped out and cleaned at least one time every three years upon
notification by the Township. The Township shall notify every property
owner utilizing an on-lot sewage system on or about one year in advance
of the required three-year pumping cycle deadline.
B.
After the initial inspection and pumping, all treatment tanks in
all on-lot sewage systems shall be pumped out at a minimum regular
interval of once every three years from the year of either the initial
pumping or a subsequent pumping. Treatment tanks that have been subjected
to more frequent pumping, by the nature of their size, loading rate
or other system characteristics, should continue to receive that frequency
of pumping. This chapter is not an instruction to reduce the frequency
of pumping and should not be construed as such. This chapter establishes
the minimum pump-out requirement for all treatment tanks that do not
exhibit characteristics that indicate more frequent pumping is required.
In the event that on-lot sewage system is no longer used to service
a property, whether on that property or on an easement established
on another lot, the right of entry under this chapter shall cease.
D.
Owners may choose to have treatment tanks pumped out more frequently. When more frequent pump-outs are undertaken in a manner consistent with § 201-5 of this chapter, the date of the subsequent regular pump-out shall be deemed to be deemed to be the last day of the last month three years following the year of the voluntary pump-out.
E.
Inspections may also include, but are not limited to:
(1)
Taking samples from surface water, wells, other groundwater sources;
(2)
Sampling of the contents of the sewage disposal system;
(3)
Introduction of a traceable substance into the interior plumbing
of the structure served to ascertain the path and/or ultimate destination
of wastewater generated in the structure.
F.
In the event that an owner fails to obtain the required initial inspection
or subsequent treatment tank pump-out, the Township's SEO shall
have the right to enter upon land for the purposes of conducting inspections
required by this chapter pursuant to the right of entry.
G.
Prior to entry for inspection, the Township shall give advance notice
to the occupant of a property to enable the occupant to be personally
present or be represented by an agent at the time of such entry.
H.
Any adult occupant present on the property at the time a request
to enter is made by the SEO may waive their right of advance notice.
I.
Advance notice shall be given at least 24 hours prior to entry, unless
waived, and shall be by any of the following:
(1)
Telephone.
(2)
Ordinary U.S. mail.
(3)
A written notice posted at the entrance to the structure or other
place where it is likely to be seen by the owner or occupant.
(4)
If the property appears to be vacant, notice shall be given by ordinary
U.S. mail to the owner of record, at the last known address, which
appears in the records of the Northampton County Tax Assessor's
Office.
J.
In the event that access to inspect the property is denied, the Township
shall proceed according to law to obtain a search warrant and conduct
the inspection established in this chapter.
K.
No provision of this chapter shall require notice to be given before
entry, where it can be observed from a public street that an on-lot
sewage system is malfunctioning or being operated improperly.
A.
Upon written notice from the SEO that an imminent health hazard exists
due to failure of an owner to properly operate, maintain, repair or
replace an on-lot sewage system as provided under the terms of this
chapter, the Board shall have the authority to perform, or contract
to have performed, any repairs as may be directed by the SEO to abate
the health hazard.
B.
The costs for the actual repair, repair permit and site investigations
in support of the permit shall be borne by the owner.
C.
The Township may take whatever action necessary to recover these
costs in accordance with law, including entering a municipal lien
against the property.
D.
The Township may seek injunctive relief to prevent continued use
of a malfunctioning on-lot sewage system.
A.
The Township shall compel corrective action whenever a malfunction
is identified.
(1)
The Township shall issue a written notice of violation to any person
who is the owner of a property in the Township on which is found a
malfunctioning on-lot sewage system, or on which raw or partially
treated sewage is discharged without a permit.
(2)
Within seven days of notification by the Township that a malfunction
has been identified, the owner shall make application for a repair
permit to abate the malfunction.
(3)
Within 30 days of the original notification by the Township, construction
of the permitted repair or replacement shall commence, unless seasonal
or unique conditions mandate a longer period, in which case the Township
shall, in cooperation with the SEO, modify the commencement date.
(4)
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, in cooperation
with the SEO, modify the completion date.
B.
The Township shall compel, or may take, immediate corrective action
whenever a malfunction represents a public health hazard or environmental
threat.
C.
Should none of the remedies described above prove totally effective
in eliminating the malfunction of an existing on-lot sewage system,
the owner shall be required at all times to maintain compliance with
Title 25, Chapter 73.11(c) of the Pennsylvania Code.
A.
Any aggrieved party may appeal to the Board for relief from the strict
application of the provisions of this chapter, when such constitute
a hardship.
B.
Appeals shall:
C.
Appeal requests must be received by the Board within 15 days of the
action being appealed and must be accompanied by the appropriate fee
set by resolution by the Board.
D.
Within 10 days of receipt of an appeal, the Board shall schedule
a public hearing, which shall be conducted pursuant to the Local Agency
Law.
E.
The Board shall issue its decision within 20 days of the end of the
hearing.
F.
Only in the case when the literal compliance with mandatory provisions
of this chapter is shown to the satisfaction of the Board to be unreasonable,
to cause undue hardship or when an alternate standard can be demonstrated
to provide equal or better results may the Board, in its discretion,
grant a variance from the provisions of this chapter.
(1)
Any such variance shall, to the greatest extent possible, protect
the public health and the quality of the water resources of the Township.
(2)
When in the opinion of the Board it is necessary to meet the purposes
of this chapter, a variance may be conditioned upon measures not specified
in this chapter.
G.
At all times, the burden to present credible evidence and the burden
of persuasion shall be upon the applicant seeking relief.
H.
Relief from replacement area requirement:
(1)
If any unimproved lot held in single and separate ownership does
not contain suitable land for both a primary absorption area and a
replacement absorption area, the landowner desiring to install an
on-lot sewage system may request that the Board grant an exception
to the requirement of providing a replacement area.
(2)
At a minimum, owners seeking relief shall present credible evidence
to the Board demonstrating:
(a)
That the lot was held in single and separate ownership on the
effective date of this chapter;
(b)
The size of the lot;
(c)
The results of soil evaluation and testing that were conducted
and which determine that the soil conditions on the lot are of an
extent or nature that only a primary area exists on the lot; and
(d)
The inability of the applicant to acquire adjacent land, or
the unsuitability of adjacent land, which might be able to be acquired.
I.
No lot shall be completely exempted from the requirements of this
chapter regarding initial on-lot sewage system inspection and/or periodic
treatment tank pumping.
(1)
The required pump-out frequency for treatment tanks may be altered
by the Township. The SEO may reduce (shorten) the interval between
pump-outs to assure proper operation of the on-lot sewage system based
on:
(2)
The SEO may extend the required pump-out interval upon application
where the landowner can demonstrate that the on-lot sewage system
can operate properly without the need for pump-out for a period longer
than three years, provided that supporting documents conclusively
verify:
(a)
Reduced system loading; or
(b)
Accumulation of sludge, scum or other residual materials to
a level of less than 1/3 the liquid capacity of the treatment tank;
or
(c)
For aerobic tanks, the manufacturer's recommendations that
indicate a greater interval are appropriate;
(d)
A report from the SEO resulting from a site investigation indicating
that no malfunction exists on the property; or
(e)
The on-lot sewage system is consistent with the permit that
was issued for the property.
(3)
The applicant for a lengthened pump-out interval shall bear the cost
of any SEO inspection necessary to verify the justifications for relief
submitted by the applicant.
(4)
A one-time extension for a period of time not to exceed two years
may be granted.
(5)
In no case shall the cumulative pump-out interval be greater than
five years.
(6)
Any altered pumping frequency shall automatically end when the factors,
upon which the altered requirement is predicated, are removed or are
no longer applicable.
A.
It shall be illegal to commence construction of a structure which
will be served by an on-lot sewage system without first obtaining
a permit for the on-lot sewage system.
B.
It shall be illegal to construct, alter or repair an on-lot sewage
system without first obtaining a permit for the installation or repair
from the Township.
C.
It shall be illegal to fail to maintain the components of an on-lot
sewage system at the intervals specified in this chapter, or those
specified by the equipment manufacturer.
D.
It shall be illegal for a pumper/hauler business to fail to file
the necessary reports in a timely manner.
E.
Any person who commits a summary offense and violates any of the
provisions of this chapter shall be subject to prosecution by the
Township and, upon conviction before a District Justice, shall be
subject to a fine of not less than $300 nor more than $1,000, plus
cost of prosecution.
F.
Each day of a continuing violation shall be considered a new and
separate violation of this chapter and shall be subject to separate
penalty.
G.
Any pumper/hauler business which has been convicted on two occasions
for violations of this chapter, or which fails to comply with any
of the provisions of this chapter, or which violates the conditions
of its PA DEP permit relating to the handling, treatment or disposition
of septage materials, or of any state law or Township ordinance governing
its operation, shall be barred from operating within the Township
for a period of not less than six months nor more than two years,
as determined by the Board.
H.
In addition to any other actions to obtain compliance, the Township
may assess civil penalties as described in the PA Sewage Facilities
Act.
