[Adopted 11-21-2005 by Ord. No. 455 (Ch. 143, Art. V, of the 1990 Code)]
A. 
This article shall be known and may be cited as the "Upper Providence Township On-Lot Sewage Disposal System Management Ordinance."
B. 
This article is adopted pursuant to the authority set forth in the Second Class Township Code, the Pennsylvania Clean Streams Law (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., also known as Act 537, This article is also adopted pursuant to the official sewage facilities plan adopted for Upper Providence Township pursuant to Act 537.
C. 
This article is intended to prevent and abate water pollution and the hazards to the public health caused by the improper treatment and disposal of sanitary sewage. This article is further intended to provide for the inventory and inspection of on-lot sanitary sewage disposal systems within the Township, which said inventory and inspections are designed to provide for the adequate maintenance, management, rehabilitation, repair, replacement and construction of on-lot sewage disposal systems; to permit the Township to intervene in events which are public nuisances or hazards to the public health; to license wastewater management persons that engage in the repair, inspection, and/or installation of on-lot sanitary sewage disposal systems, as well as the removal and disposal of septage; and to establish penalties and appeal procedures necessary for the appropriate administration of the Upper Providence Township On-Lot Sanitary Sewage Disposal System Management Program.
A. 
Unless otherwise expressly stated, the words and phrases used in this Article V shall have the following meanings. The singular number includes the plural, and the plural includes the singular.
AUTHORIZED AGENT
A sewage enforcement officer, employee of the Township, licensed civil engineer, plumbing inspector or any other qualified or licensed person who is authorized to function within the specified limits as an agent of the Township to administer or enforce the provisions of this article.
BOARD
The Board of Supervisors of Upper Providence Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sanitary sewage from two or more lots or structures, and the treatment and/or disposal of the sewage on one or more lots or at any other site.
DEP
The Pennsylvania Department of Environmental Protection.
INDIVIDUAL SEWAGE SYSTEM
A system of piping, tanks or other facilities serving a single lot and collection and disposing in whole or in part into the soil or any waters of the commonwealth.
MALFUNCTION
The condition which occurs when an on-lot sanitary sewage disposal system discharges untreated or inadequately treated sewage onto the surface of the ground, into the groundwater, or into the surface waters of the commonwealth. Malfunction also occurs when sanitary sewage backs up into the building connected to the system, or otherwise causes a nuisance or hazard to the public health or pollution of the ground or surface water or contamination of any public and/or private drinking water wells.
OFFICIAL SEWAGE FACILITIES PLAN
The plan adopted by the Township and approved by the Pennsylvania Department of Environmental Protection in furtherance of the requirements as set forth in the Pennsylvania Sewage Facilities Act.
ON-LOT SANITARY SEWAGE DISPOSAL SYSTEM
Any system for disposal of sanitary sewage involving pretreatment and subsequent disposal of the clarified sewage into the soil for final treatment and disposal; including both individual sanitary sewage systems and community sanitary sewage systems.
PERSON
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.
REHABILITATION and REPAIR
Work done to modify, alter or repair an existing on-lot sanitary sewage disposal system or individual components thereof, including the enlargement of the total absorption area, provided the flows from the structure being served are unchanged or reduced.
SEPTAGE
The residual scum and sludge pumped from septic systems.
SEWAGE
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 substance 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.[1]
SEWAGE ENFORCEMENT OFFICER
A person certified by DEP who issues and reviews permit applications and/or conducts such investigations and inspection as are necessary to implement the Sewage Facilities Act (Act 537) and the rules and regulations promulgated thereunder and this or any other ordinance adopted by the Township.
SEWAGE MANAGEMENT DISTRICT
The entirety of Upper Providence Township, unless a particular area or areas of the Township have been designated in the Official Sewage Facilities Plan adopted by the Board as an area for which a sewage management plan is implemented.
SEWAGE MANAGEMENT PROGRAM
A comprehensive set of legal and administrative requirements encompassing the requirements of this article and other administrative requirements adopted by the Township to effectively enforce and administer the article.
SUBDIVISION
The definition of "subdivision" shall be the definition as set forth in Chapter 270, Subdivision and Land Development.
TOWNSHIP
Upper Providence Township, Montgomery County, Pennsylvania.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof, and as defined by the Pennsylvania Clean Streams Law.[2]
ZONING OFFICER
An individual employed by the municipality to administer and enforce Chapter 300, Zoning.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
All definitions included in Act 537 and the Clean Streams Act, as amended, are hereby incorporated by reference into this article.
From the effective date of this article, its provisions shall apply in any portion of the Township identified in the Official Sewage Facilities Plan as a sewage management district. Within such area or areas, the provisions of this article 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.
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 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 to 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and the regulations promulgated 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 Officer 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 may be required to notify the Sewage Enforcement Officer of the schedule for construction of the permitted on-lot sanitary 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 the 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 the 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 the 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 only be issued by a sewage enforcement officer employed by the Township. DEP shall be notified as to the identity of each sewage enforcement officer employed by the Township.
A. 
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.
B. 
Such inspection 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 disposal system; 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.
C. 
An authorized agent shall have the right to enter upon land for the purposes of inspections described in this section.
D. 
An initial inspection shall be conducted by an authorized agent within one year of the effective date of this article for the purpose of determining the type and functional status of each sewage disposal system in the sewage management district. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the Township records.
E. 
A schedule of routine inspections may be established to assure the proper functioning of the sewage systems in the sewage management district.
F. 
An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed 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 without limitation those outlined in Chapter 73 of Title 25 of the 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.
G. 
If there arises a geographic area where numerous on-lot sewage disposal systems are malfunctioning, a resolution of these areawide problems may necessitate detailed planning and a revision to the portion of the Sewage Facilities Plan pertaining to areas affected by such malfunctions. If a DEP-authorized Official Sewage Facilities Plan Revision has been undertaken, repair or replacement of individual malfunctioning sewage disposal systems within the area affected by the revision may be adopted, pending the outcome of the plan revision process. However, immediate corrective action will be compelled whenever a malfunction, as determined by Township officials and/or DEP, represents a serious public health or environmental threat.
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, acids, paints, paint thinners, herbicides, gasoline and other solvents.
D. 
Clean surface or ground water, including water from roof or collar drains, springs, basement sump pumps and French drains.
E. 
Any nonbiodegradable materials.
F. 
Radioactive waste materials.
A. 
Each person owning a building served by an on-lot sanitary sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler within six months of the effective date of this article. Thereafter, that person shall have the tank pumped at least once every three years or whenever an inspection reveals that the septic tank is filled with solids or with scum in excess of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler shall be submitted to the Township within the prescribed six-month and three-year pumping periods.
B. 
The required pumping frequency may be increased at the discretion of an authorized agent 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. If any person can prove that such person's septic tank had been pumped within three years of the six-month anniversary of the effective date of this article, 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 more frequent pumping frequencies.
C. 
Any person owning a building served by a septic tank shall submit, with each required pumping receipt, a written statement from the pumper/hauler or from any other qualified individual acceptable to the Township that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact a sewage enforcement officer for approval of the necessary repair.
D. 
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 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.
E. 
Additional maintenance activity may be required as needed, including without limitation 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, and the diversion of surface water away from the disposal areas.
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 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.
F. 
In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install an individual spray irrigation treatment system or to DEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.
G. 
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 may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
The Township, upon written notice from a sewage enforcement officer that an imminent health hazard exists due to failure of a property owner to maintain, repair or replace any 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 Sewage Enforcement Officer. The property owner shall be charged for the work performed and, if necessary, a lien shall be recorded therefor in accordance with law. The Township shall not, however, be obligated to perform or contract to have performed any work required to maintain, repair, rehabilitate or replace any on-lot sanitary sewage system.
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. Approved sites or facilities shall include the following: septage treatment facilities, wastewater treatment plants, composting sites and approved farmlands.
B. 
Pumpers/haulers operating within the Township 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 to 6018.1003) and all other applicable laws.
A. 
The Township may fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
All permits, records, reports, files and other written materials relating to the installation, operation, maintenance and malfunction of on-lot sewage disposal systems in the sewage management district shall become the property of the Township.
C. 
The Board of Supervisors of Upper Providence Township may establish the procedures necessary to carry out the provisions of this article.
D. 
The Township may establish a fee schedule and authorize the collection of fees to cover the cost to the Township in administering this article.
A. 
Appeals from the final decisions of the Township or any of its authorized agents under this article shall be made to the Upper Providence Township Board of Supervisors in writing within 30 days from the date of written notification of the decision in question.
B. 
The applicant shall be entitled to a hearing before the Upper Providence Township Board of Supervisors at its next regularly scheduled meeting, if a written appeal is received at least 14 days prior to that meeting. The Board of Supervisors may affirm, modify or reverse the aforesaid decision. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person failing to comply with the provisions of this article shall be subject to the summary offense penalties of 35 P.S. § 750.13 and, in addition thereto, may be subject to the civil penalties of 35 P.S. § 750.13a. Each day of noncompliance shall constitute a separate offense.