Township of Springettsbury, PA Article III Site Inspections

[Adopted 12-17-1992 by Ord. No. 1992-17 (Ch. 18, Part 1E, of the 2003 Code)]

§ 265-36 Purpose.

The Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and the regulations adopted pursuant thereto require the Township to adopt and keep updated an official plan making provisions for adequate sewage disposal systems within the Township. The Act and the regulations further provide that the Township shall make revisions to its official plan and in support of such revisions to conduct studies, surveys, inspections and analysis of specific problems relating to individual sewage systems. The purpose of this article is to authorize the duly appointed Sewage Enforcement Officer of the Township or other qualified personnel of the Township to enter upon private property served by an individual sewage system to conduct such studies, surveys, inspections, testings and analysis as may be necessary to keep the Township's official sewage plan revised and updated.

§ 265-37 Definitions.

All words, terms or phrases used in this article shall have meanings given to them as set forth in § 2 of the Pennsylvania Sewage Facilities Act (35 P.S. § 750.2) or in the regulations adopted pursuant to said Act at 25 Pa. Code, Chapter 71.1.

§ 265-38 Authority of sewage enforcement officer.

The duly appointed Sewage Enforcement Officer or other designated personnel of the Township are hereby authorized to enter upon any improved real property within the Township served by an individual sewage system to conduct such study, survey, inspection, testing or analysis of that individual sewage system as may be reasonably necessary to determine whether such system is functioning properly and can be expected to continue to function properly in the future. Except in case of emergency, such entry shall be only between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday of each week following not less than 24 hours' written notice to the owner or occupant of the real property delivered by first class mail, personal service or by a conspicuous posting of such notice on the property. A mailed notice shall be deemed received three days after the same is deposited in the mail.

§ 265-39 Duty of owner or occupant.

It shall be the duty of the owner or occupant of the improved real property within the Township receiving notice from the Sewage Enforcement Officer or other designated personnel as provided in § 265-38 to permit such officer or person to enter upon the real property and be given full access to the area occupied by the individual sewage system and to any structures from which sewage is discharged into such system. Such officer or person shall further be permitted to flush toilets or run water, with or without adding testing dye, into the sewage system and to observe the operation of the same.

§ 265-40 Violations and penalties.

[Amended 12-11-2003 by Ord. No. 2003-18]

Any person who, after notice, shall refuse to permit entry of the Sewage Enforcement Officer or other designated personnel of the Township upon any improved real property or deny such officer access to the area occupied by the individual sewage system or to any structure served thereby, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offense under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.