Township of Allegheny, PA Sewage Management

Editor's Note: See 35 P.S. § 750.1 et seq.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

[3]

Editor's Note: See Ch. 250, Zoning.

§ 197-47 Disclaimer and hold-harmless clause.

Property owner and other persons or parties in control of all sewage treatment facilities within the Township, for themselves, their heirs, administrators, executors, successors and assigns, shall at all times defend and hold the Township harmless from any and all demands, claims, suits, legal expenses or judgments which may be brought against the Township and/or against any Township officials and employees and/or against the property owner or any of their successors in title for any alleged adverse conditions casually and directly related to the operation by property owner of the facility. The property owner shall have the duty to indemnify and defend the Township, its officials and employees against any claim or suit made by any person who alleges that adverse conditions have been caused by the operation by the property owner of the facility. In the event the Township deems it necessary, at its sole discretion, the Township may undertake its own defense as to any such claim and the property owner shall reimburse the Township for any expenses it may incur, including legal fees, engineering fees and other expert witness fees and shall pay any judgment rendered against the Township as a result of such suit. In the event the property owner, or its heirs, successors or assigns, shall fail to pay the costs, legal fees, judgments, other expenses or damages as herein provided and the Township is required to pay same, the Township shall have the right to recover said funds it has expended either by a civil action against the property owner, or its heirs, successors or assigns, or by causing a lien to be recorded on the property in an amount equal to the sums required to be expended, pursuant to the Municipal Claims Act, 53 P.S. § 7101 et seq., as amended.

§ 197-48 Prevention and abatement of public nuisance.

It is hereby declared to be a violation of this article and of the Clean Streams Act and the Pennsylvania Sewage Facilities Act, resulting in a summary offense and public nuisance, for a permittee, or the owner, occupant or person in control of an on-lot sewage treatment facility:

To fail to monitor discharge as required by statute, regulation or ordinance;

To fail to report the results of monitoring, testing, sampling or inspection as required by statute, regulation or ordinance;

To suffer or permit the actual discharge of improperly or incompletely treated waters;

To fail to report the discharge of improperly or incompletely treated waters;

To refuse to permit reasonable inspection, testing, sampling or monitoring of the facility for malfunctioning or subdivision or building permits by the DEP or Allegheny Township representatives;

To fail to fulfill any of the standard or special conditions of the permits issued for the on-lot sewage treatment facility with surface discharge or to meet any other conditions, regulations or requirement of statutes, regulations or ordinances relative to such facility.

§ 197-49 Construal of provisions.

This article is enacted as the necessary and existing framework for the prevention and abatement of nuisances resulting from pollution caused by on-lot sewage treatment facilities with surface discharge, to which the Clean Streams Act, by Section 701 (35 P.S. § 691.701), and the Pennsylvania Sewage Facilities Act, by Section 15 (35 P.S. § 750.15), are additional and accumulative. This article is not intended and should not be construed to be in conflict with the Clean Streams Act, nor the Pennsylvania Sewage Facilities Act, nor the rules and regulations adopted thereunder, but solely as a necessary framework to prevent and restrain violations of these acts and the rules and regulations of the Department of Environmental Protection adopted thereunder.

§ 197-50 Permit requirements.

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 indicating that the site and the plans and specifications of such system are in compliance with the provisions and standards adopted pursuant to Act 537 and the requirements of the DEP.

No building or construction of a small flow treatment facility; IRSIS system; in ground with slope in excess of 20%; certain infiltration systems plus and new emerging technologies may occur until a preconstruction meeting has been held with the appropriate Township and DEP officials, the manufacturer of the sewage treatment facility, the installer of the sewage treatment facility, the property owner and the property owner's registered professional engineer.

No building or construction of an on-lot treatment facility, standard in ground or sand mound, may occur until a preconstruction meeting has been held with the Sewage Enforcement Officer and the installer.

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 the Township Sewage Enforcement Officer. If 72 hours have elapsed, excepting Sundays and holidays, since the SEO 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 SEO.

The Township may require applicants for sewage permits to notify the Township's SEO 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 Act 537 may be scheduled and performed by the Township's SEO.

No zoning, building or occupancy permit shall be issued by the Township or its designated appointee for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from the Township's certified SEO.

No zoning, 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 the structure's owner receives from the SEO either a permit for alteration or replacement of the existing sewage disposal system or written notification that such a permit will not be required. The certified SEO shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.

Systems the SEO may not permit and may only be permitted by the Department of Environmental Protection:

On-lot systems treating more than 10,000 gallons per day;

Systems that require a permit under the Clean Streams Law; and

Systems to treat and dispose of industrial wastes.

Fee schedule: as per current ordinance, and subject to change by resolution of the Board of Supervisors, as on file at the Township office.

§ 197-51 Inspections and orders by Sewage Enforcement Officer.

Any on-lot sewage disposal system may be inspected by the SEO or the Township's authorized agent at any reasonable time as of the effective date of this article if there is reasonable cause to believe a malfunction exists. The Township will attempt to make inspections at a time agreeable to the owner and the Township or any time after 10 days after no response has been received to a certified written notice.

Inspection and recommendations.

The 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 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 with permission of landowner or by legal procedures instituted by the Township. To ensure the continued proper operation of on-lot sewage systems, the Township encourages all residents with on-lot sewage systems to perform regular maintenance on such systems as follows:

Any person(s) being served by an on-lot sewage disposal system which contains a septic tank is recommended to have the tank pumped every three years;

Any person(s) being served by a community on-lot sewage disposal system which contains a septic tank is recommended to have the tank pumped every two years;

Any person(s) being served by a small flow treatment facility disposal system which contains a septic tank is recommended to have the tank pumped every three years.

The sewage enforcement officer shall conduct inspections where requested by the owner prior to compliance with the pumping requirements. A report of the findings of the inspection in the Township records shall be furnished to the owner. Upon completion of the repairs, the SEO shall reinspect to ensure the system is functioning properly. If the total correction is not technically nor financially feasible, in the opinion of the SEO and/or other representative of PADEP, then action by the property owner to mitigate the malfunction shall be required.

Any person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler within three years of the effective date of this article.

The Township recommends pumping frequencies for different size households and tank sizes as described below in Table 1:

Table 1
Estimated Septic Tank Pumping Frequencies in Years (For Year-Round Residence)
	Household Size (number of people)
Tank Size (gallons)	1	2	3	4	5	6	7	8	9	10
500	5.8	2.6	1.5	1.0	0.7	0.4	0.3	0.2	0.1	-
750	9.1	4.2	2.6	1.8	1.3	1.0	0.7	0.6	0.4	0.3
900	11.0	5.2	3.3	2.3	1.7	1.3	1.0	0.8	0.7	0.5
1,000	12.4	5.9	3.7	2.6	2.0	1.5	1.2	1.0	0.8	0.7
1,250	15.6	7.5	4.8	3.4	2.6	2.0	1.7	1.4	1.2	1.0
1,500	18.9	9.1	5.9	4.2	3.3	2.6	2.1	1.8	1.5	1.3
1,750	22.1	10.7	6.9	5.0	3.9	3.1	2.6	2.2	1.9	1.6
2,000	25.4	12.4	8.0	5.9	4.5	3.7	3.1	2.6	2.2	2.0
2,250	28.6	14.0	9.1	6.7	5.2	4.2	3.5	3.0	2.6	2.3
2,500	31.9	15.6	10.2	7.5	5.9	4.8	4.0	4.0	3.0	2.6

For example, if six people reside in a three-bedroom house, a nine-hundred-gallon tank should be pumped every 1.3 years. If the same system serves a family of two, the tank would be ready for pumping every 5.2 years. Systems installed before the current rules and regulations may have septic tanks smaller than 900 gallons. Contact the tank cleaner to determine the size. Some older tanks may need to be pumped as often as once a month. Homes utilizing garbage disposal units will also need more frequent pumping.

Any person owning a lot served by a community on-lot sewage disposal system which contains a septic tank shall have the septic tanks pumped by a qualified pumper/hauler. The Township recommends pumping frequencies for different size households and tank sizes as described in Table 1, in Subsection C, above.

Any person owning a lot served by a small flow treatment facility which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler. The Township recommends pumping frequencies for different households and tank sizes as described in Table 1, in Subsection C, above.

Septic tanks shall be pumped to remove septage whenever the specified pumping period has elapsed since the previous pumping or more frequently if it is determined to be necessary by the Township or its authorized agent due to malfunction or above hydraulic loading of the system. In cases where a septic tank serves an unoccupied residence, seasonal use facility or recreational use facility where that place has not knowingly been occupied for a period exceeding three years, the owner of the lot may receive a waiver from the requirements of this article until the next use of or occupancy of that facility. The owner of a lot served by a septic tank where the structure on that lot is not occupied must return a waiver request to the Township. Waiver requests must be renewed every three years.

§ 197-52 Qualification for on-lot sewer facilities.

When a resident or property owner proposes the construction or erection of an on-lot sewer treatment facility, the applicant must provide the Township SEO and Zoning Officer with the following in support of such proposal:

A preliminary hydrogeologic evaluation when the on-lot treatment facility will use land disposal or a dry stream channel discharge for final disposal. This evaluation shall include:

The most recent 7 1/2 inch United States geologic survey topographic map with the discharge accurately plotted;

A discharge rate and quality, including seasonal variations; and

An identification on the topographic map of existing groundwater uses for 200 feet in width on each side of the channel downstream from the discharge from the system until perennial stream conditions are reached.

Documentation, using the information developed in Subsection A (above), which confirms that existing or proposed drinking water uses will be protected and the effluent will not create a public health hazard or a nuisance, as per the SEO.

Documentation that the proposed use of the on-lot sewage facility does not conflict with comprehensive sewage planning for the area.

An evaluation that establishes specific responsibilities for operation and maintenance of the proposed system.

An evaluation of the alternatives available to provide sewage facilities which documents the use of on-lot sewage treatment facilities is the best environmentally accepted alternative.

§ 197-53 Design requirements for on-lot sewer facilities.

Each on-lot sewage treatment facility to be constructed/erected within Allegheny Township shall be capable of continuously producing a suitable effluent without causing water pollution or public health nuisances. The technology utilized must be relatively fail-safe and simple to operate and maintain by an unskilled individual. All on-lot sewage treatment facilities must include:

Standard on-lot subsurface;

Elevated sand mound;

Elevated sand mound using infiltrator chambers;

Elevated sand mound using a peat moss chamber;

Single residence spray irrigation system;

Small flow treatment facility (direct stream discharge);

Any other experimental method that would gain DEP approval in the future.

The design capacity for a small flow treatment facility shall be based on the following:

A single-family residence shall be designed based on a minimum flow of 400 gpd and a minimum organic load of 1.02 lbs. BOD₅ per day for a residence with three bedrooms or less; the flow shall be increased by 100 gpd and the organic load shall be increased by 0.34 lbs. BOD₅ per day for each additional bedroom over the minimum. The flow indicated provides for the use of garbage grinders, automatic washing machines, dishwashers and water softeners.

Single-family residences served by a community sewage system and apartments or nonresidential establishments served by an individual or community sewage system shall be designed based on flows and organic loads as noted in Appendix A,[1] which is a listing of facilities and amount of sewage flow generated per day for each, for the type of facility to be served. Additional flow data obtained by daily record keeping or metering for any establishment indicating peak daily flows over a one year period may be accepted in lieu of the estimated sewage flows listed in Appendix A. For nonresidential establishments, 200 gpd is the minimum volume used in calculating the size of the small flow treatment facility.

Editor's Note: Appendix A is included at the end of this chapter.

Property owner agrees to provide the Township a complete set of "as built" plans for the aforesaid sewage treatment facility as finally approved by the DEP or any other agency having jurisdiction thereof.

§ 197-54 Connection regulations for community on-lot sewage disposal systems.

Before any connection shall be made to the sewer system, an application for inspection to connect to the collecting system shall be completed by the owner and submitted to the Township SEO. This will be required for each individual occupied building whether constructed as a detached unit or as one of a pair or row.

The SEO designated by the Township shall be given at least 72 hours' notice of the time when such connection shall be made in order that said SEO can be present to inspect and approve work of connection. The inspector shall signify his approval of the connection by endorsing his name and the date of approval on the aforementioned connection permit in the possession of the permittee. Times for inspection shall be mutually agreeable to SEO and lot owner.

At the time of the inspection of the connection, the owner of properties shall permit the SEO full and complete access to all sanitary and drainage arrangements and facilities in each building and in and about all parts of the property. No building sewer line shall be covered over or in any manner concealed until after it is inspected and approved by said inspector. If the lateral is to be connected to an existing septic tank, the septic tank, as well as the pipe from the house to the septic tank, shall be uncovered to permit inspection of those facilities.

All sewer pipe shall be installed in strict accordance with the manufacturer's recommendations. Where rock trench foundation exists, a four-inch gravel cradle shall be provided under the pipe.

§ 197-55 Monitoring requirements for private small flow sewage treatment facilities.

In order to protect the health, welfare and safety of the residents of Allegheny Township, it shall be the duty of the owner, occupant and other person in control of all private small flow sewage treatment facilities within the Township to comply with all DEP requirements.

§ 197-56 Repair requirements for on-lot sewage facilities.

In the event Township or DEP inspections indicate the need for repair, replacement and/or maintenance of any component part or all of the system in order to bring the sewage treatment facility into compliance with DEP regulations, the property owner shall complete such repairs, replacement and/or maintenance and obtain certification from the property owner's engineer or the Township's authorized representative that the work has been completed in accordance with appropriate standards. Certification must be provided within 120 days of the date of Township or DEP notice. In the event the property owner or his representative fails or refuses to achieve timely compliance with the provisions for repair, replacement and/or maintenance of the sewage treatment facility, the Township shall have the right to enter upon the premises and to perform any repairs, replacement and/or maintenance with respect to the sewage treatment facility, all of which shall be made at the cost and expense of the property owner. Municipal action to effectuate needed repairs or maintenance shall occur no sooner than 30 days after notice was sent to the property owner. During the period of time when the facility is inoperable and/or incapable of treating the discharged effluent so as to meet and/or exceed those standards of the DEP as aforementioned, the property owner, at the property owner's expense, shall make the necessary arrangements to remove said effluent and arrange for the appropriate disposition of same at a properly certified and licensed sewerage disposal facility. In the event the property owner shall fail to make the necessary arrangements for the removal of said effluent, the Township shall have the right, upon 48 hours' written notice to the property owner, to enter upon the premises and cause said effluent to be removed. In the event that the Township causes such effluent to be removed, the property owner shall reimburse the Township for all costs and expenses related thereto. Where the property owner causes the effluent to be removed, he shall, upon request of the Township, provide an agreement with a hauler providing for the removal. The property owner agrees to continue hauling effluent until such time as the system has been properly certified as being operable by the Township SEO or the PADEP. If the Township makes appropriate finding, the Township may declare the subject property uninhabitable and order the owner to vacate the premises for failure to comply.

§ 197-57 Escrow requirements for small flow treatment facilities.

To ensure that the property owner is operating and maintaining the sewer treatment facility in accordance with this agreement, the property owner shall pay a bond or cash escrow sufficient to cover the costs of maintenance, inspection, repair and/or replacement of the sewer treatment facility. The amount of said bond or escrow shall be established by the Allegheny Township Board of Supervisors on a case-by-case basis. All payments of escrow shall be made contemporaneously with any agreements entered into between Allegheny Township and the property owner for the operation of an on-lot sewer treatment facility.

§ 197-58 Operation of all on-lot systems.

Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system:

Industrial waste;

Automotive oil and other nondomestic oil;

Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.

Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and French drains.

§ 197-59 Enforcement.

When the results of monitoring, testing, sampling, inspection or other evidence indicates a violation of the Clean Streams Act, the Pennsylvania Sewage Facilities Act, the Rules and Regulations of the Department or this article, the Township SEO shall notify the appropriate officials of the DEP and shall report same to the Township board of supervisors. The Township SEO is authorized by the board of supervisors to serve notice upon the violator and to proceed in court to abate any nuisance or to restrain or prevent any violation of the Clean Streams Act in accordance with Section 601 and 602 thereof (35 P.S. §§ 691.601 and 691.602) or to abate any nuisance or to restrain any violation of the Pennsylvania Sewage Facilities Act in accordance with Sections 12 and 13 thereof (35 P.S. §§ 750.12 and 750.13). If it appears to the Township SEO that a violation of this article has occurred, the Township SEO shall initiate enforcement proceedings by sending an enforcement notice as provided in this section. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel or to any person requested in writing by the owner of record. The enforcement notice shall state at least the following:

The name of the owner of record or any other person against whom the Township intends to take action;

The location of the property in violation;

The specific violation with the description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance;

The date before which the steps for compliance must be commenced and the date before which the steps must be completed;

That the recipient of the notice has the right to appeal to the DEP within a prescribed period of time indicated in the enforcement notice;

All costs applicable to the enforcement shall be charged to the violator.

§ 197-60 Minimum horizontal isolation distances.

Minimum horizontal isolation distances shown in Subsections B and C shall be maintained between the sewage disposal system and the features itemized. Where conditions warrant, greater isolation distance may be required.

The minimum horizontal isolation distances between the features named and treatment tanks shall comply with the following:

Property line, easement or right-of-way: 10 feet;

Occupied buildings, swimming pools and driveways: 10 feet;

An individual water supply or water supply system suction line: 50 feet;

Water supply line under pressure: 10 feet;

Streams, lakes or other surface waters: 10 feet.

The following minimum horizontal isolation distances between the features named and the perimeter of the absorption area apply:

Property line, easement or right-of-way: 10 feet;

Occupied buildings, swimming pools and driveways: 10 feet;

An individual water supply or water supply system suction line: 100 feet;

Water supply line under pressure: 10 feet;

Streams, lakes or other surface water: 10 feet;

Other active on-lot systems: 20 feet;

Surface drainageways: 10 feet;

Mine subsidence areas, mine bore holes or sink holes: 100 feet;

Rock outcrop or identified shallow pinnacle: 10 feet;

Natural or man-made slope greater than 25%: 10 feet.

§ 197-61 Site investigation.

Soil tests to determine the presence of a limiting zone and the capacity of the soil to permit the passage of water shall be conducted prior to permit issuance.

On all locations where the installation of an absorption area is proposed, at least one excavation for examination of the soil profile shall be provided.

The depth of the excavation shall be to the top of the limiting zone or a maximum of eight feet.

All soil profile excavations shall be conducted within 10 feet of the proposed absorption area.

Where soil has been removed by grading or excavation, the surface of the undisturbed soil shall be considered to be the point from which the depth to limiting zone is measured.

When the examination of the soil profile reveals a limiting zone within 20 inches of the mineral soil surface, percolation tests may not be conducted and a permit shall be denied.

Where examination of the soil profile reveals the absence of a limiting zone within 20 inches of the mineral soil surface, percolation tests shall be performed within the proposed absorption area. The average percolation rate shall be within the range indicated in § 197-63 of this article (relating to absorption area requirements).

The location and depth to the limiting zone of all soil profile excavations and the location of all percolation tests conducted on a lot shall be indicated on the plot plan of the application for sewage disposal system or on an attached diagram.

§ 197-62 Percolation tests.

Percolation tests shall be conducted in accordance with the following procedure:

Number and location. Six or more tests shall be made in separate test holes spaced uniformly over the proposed absorption area site.

Results. Percolation holes located within the proposed absorption area shall be used in the calculation of the arithmetic average percolation rate.

Type of hole. Holes having a uniform diameter of six inches to 10 inches shall be bored or dug as follows:

To the depth of the proposed absorption area, where the limiting zone is 60 inches or more from the mineral soil surface.

To a depth of 20 inches if the limiting zone is identified as seasonal high water table, whether perched or regional, rock formation, other stratum, or the soil condition which is so slowly permeable that it effectively limits downward passage of effluent, occurring at less than 60 inches from the mineral soils surface.

To a depth eight inches above the limiting zone or 20 inches, whichever is less, if the limiting zone is identified as rock with open joints or with fractures or solution channels or as masses of loose rock fragments, including gravel, with insufficient fine soils to fill the voids between the fragments, occurring at less than 60 inches from the mineral soil surface.

Preparation. The bottom and sides of the hole shall be scarified with a knife blade or sharp-pointed instrument in order to completely remove any smeared soil surfaces and to provide a natural soil interface into which water may percolate. Loose material shall be placed in the bottom of the hole to protect the soil from scouring and clogging of the pores.

Procedure for presoaking. Holes shall be presoaked according to the following procedure to approximate normal weather or in-use conditions in the soil:

Initial presoak. Holes shall be filled with water to a minimum depth of 12 inches over the gravel and allowed to stand undisturbed for eight to 24 hours prior to the percolation test.

Final presoak. Immediately before the percolation test, water shall be placed in the hole to a minimum depth of six inches over the gravel and readjusted every 30 minutes for one hour.

Determination of measurement interval. The drop in the water level during the last 30 minutes of the final presoaking period shall be applied to the following standard to determine the time interval between readings for each percolation hole:

Where water remains in the hole, the interval for readings during the percolation test shall be 30 minutes;

Where no water remains in the hole, the interval for readings during the percolation test may be reduced to 10 minutes.

Measurement. After the final presoaking period, water in the hole shall be adjusted to approximately six inches over the gravel and readjusted when necessary after each reading.

Measurement to the water level in the individual percolation holes shall be made from a fixed reference point and shall continue at the interval determined from Subsection G(6) for each individual percolation hole until a minimum of eight readings are completed or until a stabilized rate of drop is obtained. A stabilized rate of drop shall mean a difference of 1/4 inch or less of drop between the highest and lowest readings of four consecutive readings.

The drop that occurs in the final period in percolation test holes, expressed as minutes per inch, shall be used to calculate the arithmetic average percolation rate.

Where no measurable rate is obtained in a percolation hole, the rate of 240 minutes per inch shall be assigned to that hole for use in calculating the arithmetic average percolation rate.

Where no measurable rate is obtained in 1/3 or more of the percolation holes, the proposed absorption area tested is unsuitable and a permit shall be denied for that area.

Every hole in the percolation test must be included in the calculation of the average percolation rate. Holes may not be dropped from the average unless they are outside the proposed absorption area. An applicant may request a second percolation test on the same site. The applicant must be advised by the SEO that all 12 percolation holes will be used in determining the average percolation rate. If the proposed absorption area is relocated, new tests must be performed.

Percolation tests with the following characteristics are unsuitable:

Arithmetic average is outside the limits set by Section 73.16(a) of the DEP regulations.

One-third or more of the test holes have a zero rate of drop. For a six-hole test, two or more holes with a zero reading constitutes a failed test.

One-third or more of the test holes are too rapidly permeable to measure using ten-minute intervals.

Percolation test results from tests conducted prior to the effective date of the latest revisions to Chapter 73 of the DEP regulations may be accepted by the SEO if these tests were conducted in accordance with the regulations in effect at that time and the tests were confirmed, conducted or otherwise verified by the SEO.

Acceptance of prior testing results. The sewage enforcement officer may accept the results of percolation tests performed before the effective date of these sections, provided that the tests were observed, conducted or otherwise verified to have been conducted in conformance with the regulations in effect at that time.[1]

Editor's Note: Appendix B, Verification of Prior Testing, which originally followed this subsection, is included at the end of this chapter.

§ 197-63 Absorption area requirements.

Only the bottom area of the bed or trench shall be used in calculating absorption area requirements.

Absorption areas for single-family dwellings not served by a community sewage system shall be designed based on a minimum flow of 400 gpd for all dwellings having three bedrooms or less. The minimum flow of 400 gpd shall be increased by 100 gpd for each bedroom over three.

Absorption area requirements for single-family dwellings served by a community sewage system and for apartments or nonresidential establishments served by an individual or community sewage system shall be designed based on flows listed in 25 Pa. Code § 73.17 (relating to sewage flows) for the type of facility to be served.

For nonresidential establishments, a volume of 200 gpd shall be the minimum volume used in calculating the size of the absorption area.

The following table, which includes allowances for garbage grinders, automatic washing machines, dishwashers and water softeners, shall be used in calculating the square footage of absorption area required based on flows determined in Subsections B through D:

Table A
Minimum Aggregate Absorption Area Requirements for Treatment Tank Effluent
	Square Feet of Aggregate Area Per Gallon Per Day
Average Percolation Rate Expressed as Minute Per Inch	All Systems Except Elevated Sand Mounds and Subsurface Sand Filters	Subsurface Sand Filters and Elevated Sand Mounds
Less than 3.0^D	Unsuitable	Unsuitable
3 - 5^C	Unsuitable	1.50^AB
6 - 16^C	1.19B	1.50 ^AB
16 - 30^C	(Avg. Perc Rate - 15) x (0.040) + 1.19^B	1.50^AB
31 - 45^C	(Avg. Perc Rate - 30) x (0.030) + 1.79^B	(Avg. Perc Rate - 30) x (0.026) + 1.50^AB
46 - 60^C	(Avg. Perc Rate - 45) x (0.028) + 2.24^B	(Avg. Perc Rate - 45) x (0.022) + 1.89^A
61 - 90^C	(Avg. Perc Rate - 60) x (0.023) + 2.66^A	(Avg. Perc Rate - 60) x (0.020) + 2.22^A
91 - 120^ACD	Unsuitable	(Avg. Perc Rate - 90) x (0.017) + 2.82^A
121 - 150^CD	Unsuitable	(Avg. Perc Rate - 120) x (0.015) + 3.33)(1.05)^A
151 - 180^CD	Unsuitable	(Avg. Perc Rate - 150) x (0.014) + 3.78)(1.10)^A

§ 197-64 Standards for septic tanks.

Capacity.

The minimum liquid capacity of a septic tank for any installation shall be 900 gallons.

For single-family dwelling units not served by a community system, a minimum daily flow of 400 gpd shall be used to determine required septic tank capacity. This figure shall be increased by 100 gallons for each additional bedroom over three. The daily flow indicated provides for use of garbage grinders, automatic washing machines, dishwashers and water softeners.

The minimum capacity of any septic tank shall be calculated from the following table using estimated sewage flows from Paragraph B or from 25 Pa. Code §§ 73.20 and 73.21:

		Square Feet of Aggregate Area Per Gallon Per Day
	Average Percolation Rate Expressed as Minute Per Inch	All Systems Except Elevated Sand Mounds and Subsurface Sand Filters	Subsurface Sand Filters and Elevated Sand Mounds
	Greater than 181^CD	Unsuitable	Unsuitable

	A	Pressure dosing required.
	B	One third reduction may be permitted for use of an aerobic tank.
	C	May be considered for experimental or alternate proposals.
	D	Unsuitable for subsurface sand filters.

(e) Spray fields. Table B shall be used in calculating the square footage of spray fields based on flows determined in Subsection (a). Table B includes allowances for garbage grinders, automatic washing machines, dishwashers and water softeners.

TABLE B
Soil Characteristics		Slope	Required Spray Field Area (ft²)
Depth to Rock	Depth to Water Table		3-Bedroom House	Additional Area Per Bedroom
16 to 20 inches	10 to 40 inches	Less than or equal to 12%	40,000	10,000
		Greater than 12%	80,000	20,000
	Greater than 40 inches	Less than or equal to 12%	15,000	3,750
		Greater than 12%	30,000	7,500
Greater than 20 inches	10 to 20 inches	Less than or equal to 12%	20,000	5,000
		Greater than 12%	40,000	10,000
	Greater than 20 inches	Less than or equal to 12%	10,000	2,500
		Greater than 12%	20,000	5,000

Construction.

Tanks shall be watertight and constructed of sound and durable material not subject to excessive corrosion or decay.

Precast concrete tanks shall have a minimum wall thickness of 2 1/2 inches and be adequately reinforced.

Precast slabs used as covers shall have a thickness of at least three inches and be adequately reinforced.

Tanks having a liquid capacity of 5,000 gallons or less shall not be constructed of blocks, bricks or similar masonry construction.

Tanks having a capacity in excess of 5,000 gallons may be constructed on-site to meet the standards of the National Concrete Masonry Association for reinforcement and waterproofing as listed in the publication "Concrete Masonry Foundation Walls," copyright 1957 NCMA.

Steel tanks shall meet United States Department of Commerce Standards 177-62.

The depth of liquid in any tank or its compartments shall be:

Not less than 2 1/2 feet nor more than five feet for tanks having a liquid capacity of 600 gallons or less.

Not less than three feet nor more than seven feet for tanks having liquid capacity of more than 600 gallons.

No tank or compartment shall have an inside horizontal dimension less than 36 inches.

If the tank has more than one compartment, the first compartment shall have at least the same capacity as the second, but shall not exceed twice the capacity of the second. Tanks or compartments shall be connected in series and shall not exceed four in number in any one installation.

Inlet and outlet connections.

The inlet invert shall be a minimum of three inches above the outlet invert.

Inlet baffles or vented tees shall extend below the liquid level at least six inches. In no case should penetration of the inlet device exceed that of the outlet device.

The outlet baffles or vented tees shall extend below the liquid surface to a distance equal to 40% of the liquid depth. Penetration of outlet baffles or tees in horizontal cylindrical tanks shall be equal to 35% of the liquid depth.

The inlet and outlet baffles or vented tees shall extend above liquid depth to approximately one inch from the top of the tank. Venting shall be provided between compartments.

Treatment tank access.

Access to each tank or compartment of the tank shall be provided by a manhole of at least 20 inches square or in diameter, with a removable cover. The top of the tank containing the manhole or the top of the manhole extension shall not be more than 12 inches below grade level. If access is extended to grade, the access cover shall be airtight. Grade level access covers shall be secured by bolts or locking mechanism or have sufficient weight to prevent access by children.

The ground shall slope away from any access extended to grade level.

Inspection port. A maximum four-inch-diameter inspection port with sealed cover shall be installed to grade level above the inlet tee.

Capacity.

The minimum liquid septic tank capacity for any installation is 900 gallons.

For single-family dwelling units not served by a community on-lot system, a minimum daily flow of 400 gpd shall be used to determine the required septic tank capacity. This figure shall be increased by 100 gallons for each additional bedroom over three. The daily flow indicated provides for use of garbage grinders, automatic washing machines, dishwashers and water softeners.

The minimum septic tank capacity shall be calculated from the following table using estimated sewage flows from Paragraph 2 or Section 73.17 (a)-(c) of the DEP regulations (Appendix A).

	Design Flow (gallons per day)	Tank Capacity (gallons)
	0 - 500	(3.5 X flow exceeding 400 gpd + (900)
	500 - 5,000	(1.50 X flow exceeding 500 gpd + (1,250)
	5,000 - 7,500	(1.45 X flow exceeding 5,000 gpd + (8,000)
	7,500 - 10,000	(1.35 X flow exceeding 7,500 gpd + (11,625)
	Over 10,000	(1.50 X daily flow)

Note: Septic tanks may be connected in series to attain required capacity.

§ 197-65 Standards for aerobic treatment tanks.

Capacity shall comply with the following:

The rated treatment capacity for an aerobic treatment tank shall be specified by the manufacturer. Said manufacturer's date shall be in conformance with the approved test sequence and protocol provided for in Subsection B.

The minimum manufacturer's rated treatment capacity of an aerobic treatment tank approved under this section shall be 400 gallons per day.

For single-family dwelling units not served by a community system, a minimum daily flow of 400 gpd shall be used to determine required aerobic tank capacity. This figure shall be increased by 100 gallons for each additional bedroom over three. The daily flow indicated provides for use of garbage grinders, automatic washing machines, dishwashers and water softeners.

For all other installations, the rated treatment capacity shall meet or exceed the estimated daily sewage flow as determined from 25 Pa. Code § 73.17(a) or (b) (relating to sewage flows).

Testing and approval shall comply with the following:

Aerobic treatment tanks serving single-family dwellings or establishments with flows of 1,500 gpd or less shall either:

Bear the seal of the National Sanitation Foundation indicating testing and approval by that agency under Standard No. 40; or

Be tested and approved by an agency other than NSF using procedures equivalent to those of NSF Standard No. 40.

Units tested and awarded a seal under other than the current standard shall be approved for use until expiration of the seal. Units initially submitted for testing or resubmitted for testing shall be approved under the version of Standard No. 40 in effect at that time.

Aerobic treatment tanks serving establishments with flows exceeding 1,500 gpd shall either:

Have NSF certification under Criteria C-9;

Have performance dated certified by NSF under the provisions of that agency's standard performance evaluation method;

Have performance date certified by a testing agency other than NSF using test procedures equivalent to that of NSF Criteria C-9 or standard performance evaluation method.

The testing agency and the testing procedures specified in Subsection B(1), (2) and (3) shall have approval by the DEP prior to commencement of that test.

Manufacturers, retailers or other persons seeking approval of tanks under Subsection B(1), (2) and (3)(b) or (c) shall submit to the DEP for its approval two copies of the complete test procedures and results conducted by the testing agency certifying that such units proposed for installation meet or exceed Class II Effluent Standards as established by NSF Standard No. 40.

The DEP will provide local agencies with a current list of aerobic sewage treatment tanks that have been found in conformance with the DEP's standards.

Multiple aerobic treatment tanks connected for the purpose of achieving required hydraulic capacity shall only be permitted where such tanks are connected in parallel. All tanks shall have equal capacity and receive equal loading.

Every aerobic sewage treatment tank shall be equipped with a visual and audible alarm system which shall be designed to respond to any electrical or mechanical failure or malfunction of the tank or any component thereof.

§ 197-66 Standard trenches.

Design. The maximum slope of the undisturbed soil of a proposed absorption area where a trench system may be permitted is 25%.

For slopes between 15% and 20%, detailed engineering design in relationship to elevation shall be provided.

For slopes from 20% to 25%, systems shall be designed by a registered professional engineer with expertise in this field. This engineer shall also inspect the installation and verify that, to the best of his knowledge and belief, the system was installed in accordance with the plans and specifications. Copies of the plans and specifications and the engineer's report are to be attached to the applicant's copy, sewage enforcement officer's copy and the DEP's copy of the application for sewage permit.

Construction. Trenches in an absorption area shall be constructed in accordance with the following:

There shall be a minimum of two trenches per field.

Trenches shall follow approximately the ground surface contours so that variations in trench depth shall be minimized.

There shall be at least six feet of soil between the treatment tank or dosing tank and the nearest trench.

The width of the bottom of the individual trench shall be 12 inches to 72 inches.

Depth to the bottom of the absorption area shall be 12 inches to 36 inches.

The bottom of the absorption area shall be level to a tolerance of two inches per 100 feet.

Minimum width of undisturbed earth between trenches shall be five feet.

Minimum depth of aggregate material under laterals shall be six inches.

Laterals shall be placed in the center of the trench. The first or last discharge hole of a lateral shall be no more than five feet nor less than two feet from the ends of the trench.

Laterals shall be level to a maximum tolerance of four inches of fall per 100 feet toward the terminal end of the lateral.

(11)

Minimum depth of aggregate material over the laterals shall be two inches.

(12)

Depth of aggregate shall be uniform throughout the absorption area.

(13)

The top of the aggregate material shall be covered with untreated building paper or a two-inch layer of hay, straw or similar material to prevent backfill material from settling into the aggregate.

(14)

Minimum depth of earth cover over the aggregate in all installations shall be 12 inches. Where the top of the aggregate is less than 12 inches from the undisturbed soil surface, the soil cover must extend beyond the absorption area by at least three feet on all sides.

(15)

The backfill material shall consist of soil suitable for the growth of vegetation and be seeded to control erosion.

(16)

Trench laterals shall be fitted with end caps.[1]

Editor's Note: The Distribution Systems diagram, which originally followed this subsection, is included at the end of this chapter.

§ 197-67 Seepage beds.

Whenever seepage beds are employed, they shall meet the requirements of § 197-66B(5), (6), (8) and (10) to (15) (relating to standard trenches), in addition to the following specifications:

The maximum slope of the undisturbed soil of a proposed absorption area where a seepage bed may be permitted is 8%.

The required absorption area may be provided by one or more seepage beds:

Where gravity distribution is used, the individual beds of a single on-lot system shall be separated by a minimum of five feet.

Where pressure distribution is utilized, the individual beds of a single on-lot system shall be separated by a minimum of 20 feet.

The bed shall contain a minimum of two laterals.

Laterals shall be equally spaced a maximum of six feet on center, except where pressurized distribution design is utilized whereupon laterals may be spaced consistent with the requirements of 25 Pa. Code § 73.44.

Laterals shall be placed no further than five feet nor less than two feet from the sidewall of the bed.

Laterals shall be placed in the bed so that the first and last discharge holes may be no more than five feet nor less than two feet from the ends of the bed.

§ 197-68 Subsurface sand filters.

General. Subsurface sand filters without underdrains shall meet the following criteria:

Subsurface sand filters shall not be utilized on soils where the limiting zone occurs at less than six feet below the mineral soil surface.

The average percolation rate, as determined by § 197-50 (relating to percolation tests), shall be greater than 90 minutes per inch.

The average percolation rate at a depth between 36 inches and 72 inches shall be within the range of three to 90 minutes per inch.

The average percolation rate obtained from Subsection A(3) shall be applied to § 197-63E (relating to absorption area requirements for determination of the absorption area and other system requirements).

System design shall meet the requirements of § 197-55 (relating to seepage beds) except as modified by Subsection B.

Construction. Sand filters shall be constructed as follows:

The maximum depth of the excavation shall be five feet.

Sand meeting the specifications of 25 Pa. Code § 73.51 shall be placed in the entire bed to a minimum depth of 12 inches.

§ 197-69 Standards for dosing tank.

Dosing tanks shall be constructed to the following specifications:

Dosing tanks shall be constructed of materials to the specifications outlined in Section 73.31(b) (relating to standards for septic tanks) of the DEP regulations.

For all systems other than individual residential spray irrigation systems, the dosing tank shall be designed so that the estimated daily flow shall be discharged to the absorption area in one or more doses. Minimum dose volume shall be five times the internal liquid capacity of the delivery pipe, manifold and laterals, or 100 gallons, whichever is greater. When a siphon is used in a pressure distribution system, the minimum dose volume shall be equal to the internal liquid capacity of the delivery line plus five times the internal liquid capacity of the manifold and laterals.

The dosing tank shall have a minimum liquid capacity equal to or greater than two times the designed dose volume.

Sufficient space shall be provided for electrical connections and proper pump control operation.

Unless otherwise regulated by the local electrical codes, all electrical connections shall be moisture resistant and at a point higher than the inlet pipe or mounted above grade outside of the dosing tank or manhole extension within a tamper resistant, lockable control box.

A watertight manhole, at least 20 inches square or 24 inches in diameter, attended to grade, shall be provided for access to the dosing tank. Manhole covers shall meet the specifications of Section 73.31(d) of the DEP regulations.

§ 197-70 Standards for dosing pumps, siphons and lift pumps.

Dosing pumps for all on-lot sewage disposal systems except individual spray irrigation systems shall meet the following specifications:

The pump shall be sized to deliver a flow in gpm equal to or greater than the combined flows from all discharge holes in the laterals when operating at designed level of head and shall be rated by the manufacturer for handling of sewage effluent.

The intake of the dosing pump shall be at least six inches from the bottom of the tank. The intake of any dosing pump shall be at a lower elevation that the lowest lateral.

Pumps may not be suspended above the bottom of the tank by chains or similar equipment.

A disconnect shall be incorporated into the piping within the dosing tank for ease of pump removal.

An effective warning device, as described in Section 73.63(c) of the DEP regulations, shall be installed in the dosing tank to indicate failure of the pump or siphon. Electrically operated warning systems shall be on a circuit and breaker separate from the pump.

A siphon or other discharge mechanism may be substituted for a pump where site conditions permit the use of a gravity flow device, if the average discharge rate of the device meets the requirements of Subsection A(1).

A copy of the performance curve of the pump or discharge specifications for the siphon to be used shall be attached to the system design. A copy of the manufacturer's specifications showing that the pump is designed to handle sewage or sewage effluent shall also be attached to the system design.

When an aeration tank is used which results in a periodic pump discharge from the treatment tank, the discharge mechanism may be substituted for a dosing tank and pump if the periodic discharge rate meets the criteria in Subsection (a)(1) and (b)(2) and Section 73.45(2) (relating to dosing tanks) of the DEP regulations.

Pumps or siphons serving systems having total absorption areas greater than 2,500 square feet shall have a minimum discharge capacity at least two times the estimated peak flow for the facility served.

When an establishment produces more than 50% of its total daily flow during a peak flow period, the minimum dose volume shall equal the anticipated flow during the peak period.

(11)

Pumps employed for the purpose of lifting effluent to a higher elevation may not be deemed dosing pumps when the system does not meet the criteria of Section 73.43 (relating to pressurized distribution) of the DEP regulations. Pumps for this purpose shall have a discharge capacity at least two times the estimated peak flow of the facility served when operating at designed level of head, but at least five gpm and shall be rated by the manufacturer for handling sewage effluent.

(12)

Siphon discharge lines shall be equipped with an observation port. The access to the observation port shall be extended to grade, capped and secured to prevent unauthorized entry.

Lift pumps shall meet the following specifications:

Meet the standards in Subsection (a)(1) to (5), (7) and (8) of the DEP regulations.

Be designed to discharge a minimum flood dose of two inches over the sand surface.

Dosing pumps used to pressurize a spray field distribution system shall be designed in accordance with the specifications in Subsection (a)(1) to (5) and (7) of the DEP regulations.

§ 197-71 Elevated sand mounds.

Design.

The maximum slope of the undisturbed soil, to the extremities of the berm, of a proposed absorption area where elevated and sand mound trenches may be permitted is 12%.

The maximum slope of the undisturbed soil, to the extremities of the berm, of a proposed absorption area where an elevated sand mound bed may be permitted is 8%.

The limiting zone is the base elevation for measuring the required depth of sand to achieve a minimum of four feet of satisfactory material between the bottom of the aggregate and the top of the limiting zone.

A minimum of one foot of sand shall be placed under the aggregate in all elevated sand mound systems.

Existing mineral soil shall be utilized. No mineral soil in the area of the elevated sand mound may be removed or disturbed for the purpose of adding or mixing fill material.

Construction.

Vegetation shall be cut close to the ground throughout the area to be utilized for the absorption area and berm. Bushes and trees shall be cut flush with the ground surface; roots shall be left in place. Cut vegetation or organic litter shall be raked and removed from the absorption and berm areas.

The proposed absorption area not obstructed by stumps or other obstacles shall be roughed or plowed parallel with the contour to a maximum depth of six inches, using a chisel plow or similar implement attached to lightweight equipment. Rotary tilling shall be prohibited.

Under no circumstances may equipment travel on the plowed soil surface until the sand is in place.

Immediately after plowing, sand shall be placed over the exposed plowed surface. Sand shall be placed from the upslope side of the bed using only lightweight equipment.

The slope of the sand not directly beneath the aggregate area shall be approximately 50%.

The top of the sand directly beneath the aggregate shall be level to a tolerance of plus two inches per 100 feet.

The mound shall be surrounded by a berm consisting of mineral soil containing less than 20% coarse fragments with no coarse fragments greater than four inches in diameter, more stable and less permeable than the sand, and lightly compacted during construction to contain and protect the mound interior. The width of this berm shall be a minimum of three feet at the top of the aggregate.

Upon completion, the outside slope of the berm may be no greater than 50% and shall be seeded to assure the stability of the berm. The cover over the aggregate shall be a minimum of one foot of soil suitable for the growth of vegetation.

No equipment may be permitted on the downslope side of the mound with the exception of lightweight equipment that is used to form the downslope berm. To the greatest extent possible, aggregate and the cover material shall be placed from the upslope side of the mound.

Where a mound system with trenches is used, the area between the individual trenches shall be filled with mineral soil.

(11)

A diversion drainage system will be recommended on a case-by-case basis as needed to divert groundwater from any absorption area of any system.

§ 197-72 Holding tanks.

Retaining tanks are individual sewage systems and require permits. They shall only be used where the SEO finds and gives written notice to the approving body that all DEP requirements relating to administration of sewage facilities planning have been met.

A holding tank shall be constructed to meet the specifications of § 197-52 (relating to standards for septic tanks).

The minimum capacity of a holding tank shall be 1,000 gallons or a volume equal to the quantity of waste generated in three days, whichever is larger.

The holding tank shall be equipped with a warning device to indicate when the tank is filled to within 75% of its capacity. The warning device shall create an audible and visual signal at a location frequented by the homeowner or responsible individual. Any alteration of or failure to maintain any warning device will be considered a violation.

The homeowner will schedule pumping of the holding tank once the tank reaches seventy-five-percent capacity.

Disposal of waste from a holding tank shall be at a site approved by the DEP.

Operation and maintenance agreements are required for any holding tank system.

Noncompliance with any of the above regulations shall constitute a violation as set forth in § 197-78.

§ 197-73 Standards for privies.

Location.

The privy shall be located so as to minimize any danger of contamination of water supplies. Where possible, the privy shall be downgrade and at least 50 feet from any source of water supply.

The structure shall be accessible to the user and at least 50 feet away from any building served.

Consideration shall be given to the direction of prevailing winds to reduce odor nuisances.

Construction.

The superstructure shall be constructed of substantial materials.

The vault shall be large enough to provide for several years' use and be constructed to meet the specifications of § 197-52 (relating to standards for septic tanks).

The vault shall be equipped with a roof ventilating stack that is screened to prevent entrance of flies.

An exterior cleanout shall be provided for the vault.

The superstructure shall be fly-tight, well ventilated and fastened solidly to the vault.

The door shall be self-closing and provided with weather-stripping to make it insectproof.

The seat and cover shall be constructed of smooth and easily cleanable material and the cover shall be self-closing.

An earth mound shall be placed around the privy or a surface water diversion shall be constructed to keep surface water from flooding the vault.

§ 197-74 Chemical toilet or other portable toilet.

Chemical toilets or other portable toilets shall meet the installation specifications of the manufacturer and be maintained in a manner that will preclude any potential pollution of health hazards.

Where multiple chemical toilets or other portable toilets are proposed for temporary use at construction sites, recreational activities or seasonal facilities, all units proposed for installation shall be included under one permit.

§ 197-75 Recycling toilet, incinerating toilet or composting toilet.

The device utilized shall meet the installation specifications of the manufacturer and shall be operated and maintained in a manner that will preclude any potential pollution of health hazards.

Where the installation of a recycling toilet, incinerating toilet or composting toilet is proposed for a new residence or establishment, an on-lot sewage system or other approved method of sewage disposal shall be provided for treatment of wash water, except as provided in Subsection D. Both sewage disposal facilities shall be included under one permit.

Where the installation of a recycling toilet, incinerating toilet, composting toilet or another type of water conservation device is proposed for an existing residence or facility and no alteration of the on-lot system is proposed, no permit shall be required.

Where a composting toilet or incinerating toilet is proposed for installation on a lot meeting the requirements of 25 Pa. Code § 71.63 (relating to retaining tanks), it shall be deemed equivalent to and permitted as a privy. The device shall be operated and maintained in accordance with the manufacturer's specifications.

These systems will be considered on a case-by-case basis by the SEO with the consensus of the Supervisors that the system is acceptable.

§ 197-76 Alternate sewage systems.

Alternate systems shall be considered for individual or community systems in any of the following cases:

To solve an existing pollution or public health problem.

To overcome specific site suitability deficiencies or as a substitute for systems described in this chapter on suitable lots.

To overcome specific engineering problems related to the site or its proposed use.

To utilize, under varying site conditions, an experimental design, either in whole or in part, which has been deemed successful by the DEP.

Any person desiring to install an alternate sewage system shall submit complete preliminary design plans and specifications to the SEO and the DEP for review and comment prior to submitting an application for a permit. The DEP will determine if classification as an alternate system is appropriate and provide review comments to the SEO.

The following criteria shall be considered in the design of alternate systems:

The volume and rate of sewage flow, including reductions attributed to water conservation devices and recycling devices.

The chemical and bacteriological characteristics of the flow, including the varying nature, if any, of the contributing sources.

The treatment of the sewage flow, including, if appropriate:

Type of treatment, that is: aerobic, anaerobic, chemical or other.

Degree and extent of treatment afforded, including the chemical and biological characteristics of the effluent.

Hydraulic design, including flow rates, retention time, settling rates and sludge scum storage.

Materials of construction, including durability and chemical resistance of all system components.

The characteristics and limitations of the disposal site, including, if appropriate:

The depth, composition and projected effects of any limiting zone identified through extensive on-site evaluation of the soils presented.

Determination of the soil permeability through percolation tests, hydraulic conductivity tests or other acceptable testing procedures conducted on the site.

The chemical and bacteriological characteristics of the subsurface or other waters.

The natural and modified slope of the disposal site and contiguous areas, with particular attention to the downslope areas.

The relationship of the disposal site to existing and proposed drainage patterns, including surface and subsurface flows.

(f)

The stability and renovative abilities of controlled fill areas.

The design of the absorption area, including:

Dimensions.

Method of distribution and hydraulic design considerations of the distribution system.

The rate of application.

The relationship to other sewage disposal systems or features, water supply sources, surface waters, recharge areas, rock outcrops and other site improvements.

Determination of hydraulic loading limitations, that is: interface acceptance rate or hydraulic conductivity of receiving soils in accordance with accepted principles of hydraulic flow.

The effect upon the groundwater, including the following:

Fecal coliform.

Chlorides.

Nitrates.

Nutrients.

Other degrading material.

Other considerations as may be appropriate to comply with the Act.

An application for an alternative system shall include the following:

Detailed plans and specifications sufficient to comply with the requirements of this section.

A description of the system, device or process, its capabilities and scheduled maintenance, if any, which is necessary for the continued function.

The identity of the person responsible for the design of the system and performance of scheduled maintenance, if required.

Each application for an alternative system shall be accompanied by a statement acknowledging the requirement that the SEO be notified of any malfunction or modification of the original system design.

Prior to issuing a permit for an alternative sewage system, the SEO shall consider the comments of the PADEP.

§ 197-77 Experimental sewage systems.

Experimental systems may be considered for individual or community systems in any of the following cases:

To solve an existing pollution or public health problem.

To overcome specific site suitability deficiencies or as a substitute for systems described in this chapter on suitable lots.

To overcome specific engineering problems related to the site or its proposed use.

To evaluate new concepts or technologies applicable to on-lot disposal.

To evaluate the applicability to on-lot disposal applications in the field of engineering.

To demonstrate a design having successful use in other jurisdictions under environmental conditions similar to or more restrictive than those in this commonwealth.

To utilize, under varying site conditions, an experimental design, either in whole or in part, which has been deemed successful by the DEP.

Any person desiring to install an experimental sewage system shall submit complete preliminary design plans and specifications to the SEO and the DEP for review and comment prior to submitting an application for a permit. The DEP will determine if classification as an experimental system is appropriate for the submission and provide review comments to the SEO.

The following criteria shall be considered in the design of experimental systems:

The volume and rate of sewage flow, including reductions attributed to water conservation devices and recycling devices.

The chemical and bacteriological characteristics of the flow, including the varying nature, if any, of the contributing sources.

The treatment of the sewage flow, including, if appropriate:

Type of treatment, that is: aerobic, anaerobic, chemical or other.

The degree and extent of treatment afforded, including the chemical and biological characteristics of the effluent.

Hydraulic design, including flow rates, retention time, settling rates and sludge scum storage.

Materials of construction, including durability and chemical resistance of all system components.

The characteristics and limitations of the disposal site, including, if appropriate:

The depth, composition, and projected effects of any limiting zone identified through extensive on-site evaluation of the soils present.

The determination of the soil permeability through percolation tests, hydraulic conductivity tests or other acceptable testing procedures conducted on the site.

The chemical and bacteriological characteristics of the subsurface or other waters.

The natural and modified slope of the disposal site and contiguous areas, with particular attention to downslope areas.

The relationship of the disposal site to existing and proposed drainage patterns, including surface and subsurface flows.

(f)

The stability and renovative abilities of controlled fill areas.

The design of the absorption area, including:

Dimensions.

Method of distribution and hydraulic design considerations of the distributed system.

The rate of application.

The relationship to other sewage disposal systems or features, water supply sources, surface waters, recharge areas, rock outcrops and other site improvements.

The effect upon the groundwater, including:

Fecal coliform.

Chlorides.

Nitrates.

Nutrients.

Other degrading material.

Other considerations as may be appropriate to comply with the Act.

Except as provided in Subsection F, experimental designs will be approved for use only where it has been determined that an individual or community sewage disposal system meeting the requirements of this chapter or another successful experimental design or that sewage services meeting the requirements of the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001) and Article II (relating to water resources), may be installed in the event the experiment is deemed a failure.

Except as provided in Subsection F, monitoring, observation, testing or other requirement which is deemed necessary to verify the success of the experiment shall be required.

A replacement area, as specified in Subsection D, and monitoring as specified in Subsection E, shall not be required where the experimental design is an attempt to solve an existing pollution or public health problem.

An application for an experimental system shall include the following:

Detailed plans and specifications sufficient to comply with the requirements of this section.

A description of the system, device or process, its capabilities and scheduled maintenance, if any, which are necessary for continued function.

The identity of the person responsible for the design of the system, performance of scheduled maintenance, if required, and responsibility for repair or replacement in event of failure of the system.

Each application for an experimental system shall be accompanied by a statement acknowledging the requirement that the SEO be notified of any malfunction or modification of the original system design.

Prior to issuing a permit for an experimental sewage system, the SEO shall consider the comments of the PADEP.

§ 197-78 Violations and penalties.

Any person, association, corporation or partnership who violates any provision of this article is guilty of a summary offense and, upon conviction thereof before a District Justice, shall be subject to a fine of not more than $300 per day for every day out of compliance or as set by resolution of the Board of Supervisors.

§ 197-79 Nuisance abatement.

The operation or maintenance of a single-family residence sewage facility contrary to the Clean Streams Act, the Pennsylvania Sewage Facilities Act, the Rules and Regulations of the Department of Environmental Protection and the standard or special conditions of any applicable permit or this article is hereby declared to constitute a public nuisance. Upon the discovery of such state of affairs, Allegheny Township shall notify the landowner to remove or abate the nuisance. In default of the removal or abatement of the nuisance, the Township may:

Proceed pursuant to Section 702 of the Second Class Township Code (53 P.S. § 65702)[1] to remove any nuisance or dangerous structure on public or private grounds after notice to the landowner to do so and, in his default, to collect the cost of such removal together with a penalty of 20% of the actual costs of removal or abatement;