[Adopted 1-17-2006 by Ord. No. 06-01]
A.Â
The purpose of this article is to provide for the
regulation, design, inspection, maintenance, use and rehabilitation
of community on-lot sewage disposal systems (COLDS) designed to treat
and dispose of sanitary sewage from more than one source. It is hereby
declared that the enactment of this article is necessary for the protection,
benefit, and preservation of health, safety, and welfare of the inhabitants
of the Township.
B.Â
This article is intended to provide a method of sewage
treatment and disposal under circumstances where the Township does
not have the capability to convey, treat, and/or dispose of sewage
via the Township or Township-designated agency's publicly held conveyance,
treatment, and/or disposal system, and where the construction, use,
and maintenance that are or may be associated with individual sewage
disposal systems pose or may present potential health risk.
As part of any zoning and subdivision approval
proposing the use of a COLDS, compliance with these rules and regulations
shall be a condition of any such approval, including the condition
that the system shall be subject to a continuing offer of dedication
to the Township. All COLDS, as herein defined, to be constructed shall
have as the official permittee the Township of Upper Uwchlan as required
by the Township's Act 537 Plan. No COLDS shall be accepted for dedication
except in accordance with these rules and regulations. The provision
set forth in this scope shall be memorialized in appropriate textual
notes prominently set forth on the approved final subdivision and
land development plan.
As used in this article, the following terms
shall have the meanings indicated:
Upper Uwchlan Township Municipal Authority (UUTMA).
The Sewage Enforcement Officer, designated by the Chester
County Health Department (Health Department), or other person or entity
appointed by the Upper Uwchlan Township Board of Supervisors to administer
this article.
The Board of Supervisors of Upper Uwchlan Township, Chester
County, Pennsylvania.
An interest-bearing revolving fund, established for the Authority
with monies contributed by each COLDS developer, for the purpose of
financing major equipment and facility repairs, replacement, or upgrades.
A separate capital reserve fund shall be established for each COLDS.
The office of the Chester County Health Department administering
the issuance of permits and promulgating regulations governing COLDS
in various municipalities of Chester County, Pennsylvania, as authorized
under Chapter 72, Section 72.25, excluding on-lot systems greater
than 10,000 GPD, any industrial waste disposal system or any on-lot
system requiring a Clean Streams Law permit (Act of June 22, 1937,
P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to
691.1001).
An act to preserve and improve the purity of the waters of
the commonwealth for the protection of public health, animal and aquatic
life as approved June 22, 1937, P.L. 1987, No. 394, as amended.
[1]A sanitary sewage treatment and disposal system that treats
and disposes of sewage utilizing subsurface adsorption or land application
and serves more than one dwelling unit. The definition specifically
excludes any treatment or disposal system that serves only one dwelling
unit.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania (DEP).
Design standards for COLDS established by the Department
(25 Pa. Code Chapter 73) and/or CCHD as well as all relevant installation
and locational standards established by such regulations, and specifications
for the design, installation, and use of COLDS as set forth in Upper
Uwchlan Township's Rules and Regulations are incorporated herein by
reference as though set forth at length.
The Township's or Authority's duly appointed engineer or
engineering firm, which provides the Board with technical and engineering
consultation.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy,
or use by human beings or animals and from which structure sanitary
sewage shall or may discharge.
Any individual, 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 legal entity whatsoever
that is recognized by 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 officers of any local
agency or municipality, or public or private corporation for profit
or not for profit.
Work done to modify, alter, repair, enlarge, or replace an
existing COLDS sewage disposal system.
Any substance that contains any of the waste products or
excrement or other discharge from 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. This term in
this article specifically excludes wastewaters of industrial origin.
A person certified by the Department who is employed by the
Health Department having jurisdiction in Upper Uwchlan Township. Such
person is authorized to conduct investigations and inspections, review
permit applications, issue or deny permits and do all other activities
concerning COLDS.
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.
Upper Uwchlan Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
A.Â
The Board hereby authorizes and empowers the Authority
to undertake within the Township the control of methods of COLDS design,
installation, and operation.
B.Â
The Board hereby authorizes and empowers the Authority
to require capital reserve funds, enter into or acquire escrow agreements,
construction, and performance bonds, and engineering services to ensure
COLDS are designed, constructed, and operated in accordance with any
applicable rules and regulations of the Board.
C.Â
The Board is empowered to take ownership of all operating
COLDS within the Township. Method and manner of possession of COLDS
will be as dictated by the Board's rules and regulations and the laws
of the Commonwealth of Pennsylvania.
D.Â
The Board hereby authorizes and empowers the Authority
to operate, maintain, improve, and/or abandon any COLDS owned by the
Township.
A.Â
The Authority is hereby authorized and empowered to
adopt such rules and regulations concerning COLDS which it may deem
necessary from time to time to effect the purpose herein.
B.Â
All such rules and regulations adopted by the Authority
shall be in conformance with the provisions herein, all other ordinances
of the Township, and all applicable laws and rules and regulations
of the Commonwealth of Pennsylvania.
The Authority shall have the right and power
to fix, alter, charge, and collect rates, assessments, fees, and other
charges at rates authorized by applicable law and determined by the
Authority to be necessary to properly operate and maintain each COLDS.
The collection, treatment, and disposal of all
sewage from any improved property utilizing a dedicated COLDS shall
be done solely by the Authority or its authorized representative.
From the effective date of this article, any
person who is proposing a COLDS serving as means of sewage disposal
within the Township is subject to all requirements of this article.
The owner of any proposed COLDS shall be responsible for obtaining
all required permits from the Township, the Authority, Department,
CCHD, and any other agencies requiring permits for such an installation.
The owner of any proposed COLDS shall be responsible for its construction
and startup in accordance with the requirements of this article.
A.Â
No person shall install, construct, request bid proposals
for construction of, or alter a COLDS without first obtaining a permit
from the proper agency (Sewage Enforcement Officer, authorized agent
or department) which shall indicate that the site, the plans, and
the specifications of such system are in compliance with provisions
of the Clean Streams Law and the regulations adopted pursuant to this
article.
B.Â
The procedures for application for and granting of
a permit shall be established, revised, promulgated, and enforced
by the authorized agent.
C.Â
No building or occupancy permit shall be issued for
a new building that will contain a COLDS until a valid sewage permit
is obtained from the Sewage Enforcement Officer.
D.Â
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 to the COLDS,
until the appropriate officials of the Township receive written notice
from the Sewage Enforcement Officer that such work will not require
additional flow. The Sewage Enforcement Officer shall determine whether
the proposed alteration or conversion of the structure will result
in increased sewage flows.
The Township, the Authority, its agents, and
employees shall have the right of access onto and may enter into any
building, property, lands, premises, and place as may be necessary
to carry out the provisions of this article and the rules and regulations
promulgated hereunder, including, without limitations, the taking
of samples for analysis (and, if necessary, enforcement action) of
any solid, semisolid, liquid, or contained gaseous material.
Only normal domestic waste shall be discharged
into any COLDS, including wastes listed in Section 73.11c of Title
25 of the Pennsylvania Code. The following shall not be discharged
into the system:
A.Â
Industrial waste.
B.Â
Automobile oil and other nondomestic oils.
C.Â
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.Â
Clean surface or ground water, including water from
roof or cellar drains, springs, basement sump pumps, and French drains.
A.Â
Any person failing to comply with any provision of
this article may be subject to a civil penalty of not less than $300
and not more than $2,500 for each violation, and, in addition, may
be assessed the cost of damages caused by such violation and the cost
of correcting such violation. Each day of noncompliance shall constitute
a separate offense.
B.Â
In addition to the penalties provided above, the Authority
is authorized to file appropriate actions at law or in equity in the
Court of Common Pleas in and for Chester County, or before any body
having jurisdiction over the persons and activities herein regulated,
to abate any violations and remove any COLDS not owned, operated,
maintained, or constructed in accordance with the provisions of this
article. Violations of this article are declared to be public nuisances
and will be abated as such.
For all ordinances or resolutions or parts of
ordinances or resolutions, insofar as they are inconsistent with this
article, the more stringent ordinance or resolution shall apply.
