[Adopted 7-17-1995 by Ord. No. 376; amended 12-8-2008 by Ord. No. 477]
This article shall be known as the "Sewage Management
Program for the Township of Tobyhanna."
A.
When sewage facilities are permitted by local agencies,
the municipality is responsible for taking actions necessary to assure
continued compliance of these sewage facilities with the Act, the
Clean Streams Law and regulations promulgated thereunder. The establishment
of a periodic inspection program will provide a method of assuring
the proper operation and maintenance of the facilities.
B.
In accordance with municipal codes, the Clean Streams
Law (Act of June 27, 1937, P.L. 1987., No. 394, as amended, 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., known as "Act 537"), the general requirements
for a sewage management program are set forth in § 71.71
adopted August 13, 1971, effective August 14, 1971, 1 PA.B. 1649;
amended April 28, 1972, effective May 15, 1972, 2 PA.B. 753; amended
September 28, 1973, effective October 15, 1973, 3 PA.B. 2176; amended
August 30, 1974, effective September 16, 1974, 4 PA.B. 1805; amended
February 28, 1975, effective March 17, 1975, 5 PA.B. 374; amended
September 24, 1976, effective October 11, 1976, 6 PA.B. 2392; reserved
January 9, 1987, effective January 10, 1987, 17 PA.B. 172; amended
June 9, 1989, effective June 10, 1989, 19 PA.B. 2429.
C.
The specific requirements for a sewage management
program for sewage facilities permitted by local agencies are set
forth in § 71.73 adopted August 2, 1971, effective August
3, 1971, 1 PA.B. 1649; amended April 28, 1972, effective May 15, 1972,
2 PA.B. 753; amended February 28, 1975, effective March 17, 1975,
5 PA.B. 374; reserved January 9, 1987, effective January 10, 1987,
17 PA.B. 172; amended June 9, 1989, effective June 10, 1989, 19 PA.B.
2429.
A.
From the effective date of this article, all privately
owned and maintained individual on-lot sewage systems or community
on-lot sewage systems shall comply with this article.
B.
COMMUNITY ON-LOT DISPOSAL SEWAGE SYSTEM
INDIVIDUAL ON-LOT DISPOSAL SEWAGE SYSTEM
IRSIS (INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM)
Definitions. As used in this article, the following
terms shall have the meanings indicated:
A publicly or privately owned system of piping, tanks and/or
other facilities used for the collection, treatment and disposal of
sewage or industrial wastes of a liquid nature from two or more lots,
buildings, dwelling units and/or establishments or from an establishment
that produces more than one EDU of sewage or industrial waste for
disposal by some form of land application.
A system of piping, tanks and/or other facilities that collects
and treats sewage from one single dwelling unit, or an establishment
that produces one EDU of sewage or less, and disposes of the sewage
in whole or in part by some form of land application.
An individual sewage system permitted under Section 7 of
the Sewage Facilities Act[1] that serves a single dwelling and treats and disposes
of sewage using a system of piping, treatment tanks and soil renovation
through spray irrigation.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
A.
General procedures.
(1)
All individual on-lot sewage facilities within the
Township of Tobyhanna will be inspected by an authorized representative
of the Township of Tobyhanna in accordance with a schedule of inspections
established by separate resolution of the Tobyhanna Township Board
of Supervisors.
(2)
Property owners shall be notified by mail a minimum
of 14 days prior to the scheduled inspection. Property owners may,
within this fourteen-day period, deny the Township's request to enter
upon the property.
B.
Denial of consent to enter upon property. When access
to a property for the purpose of inspecting the on-lot septic system
is denied by the property owners, the Township shall obtain the proper
warrant(s) to secure entry, if reasonable grounds exist. Reasonable
grounds may include, but are not limited to, the passage of time,
nature of the facility and the condition of the area.
C.
Notification. The property owner will be notified
by certified mail if a malfunction is observed during the course of
the scheduled inspection. A report indicating the status of a properly
functioning system will be made available at the request of the property
owner.
D.
Township costs. All costs incurred by Tobyhanna Township
in inspection, entry and effectuating repairs to malfunctioning systems
shall be reimbursed by the property owner. The Township may file a
sewer lien against subject property for failure to pay Township-incurred
costs in accordance with state law.
E.
Township records. The Township will maintain a permanent
record of inspection dates, system type and functional status. A schedule
of routine inspections will be established after the initial inspection
to assure the proper functioning of individual on-lot systems within
the Township.
F.
Community on-lot disposal sewage systems. All existing
or proposed community on-lot sewage disposal systems shall, on an
annual basis, provide the following information to the Township:
(1)
The number of connections and customers connected
to the sanitary sewer conveyance system or community sewage system.
(2)
The location of the receiving treatment facility and
the name, address and contact person for that receiving treatment
facility.
(3)
The name of the licensed operator in charge of the
receiving facility.
(4)
Copies of all state or federal licenses or PUC certificates
of convenience under which the conveyance or treatment facility is
operating.
(5)
The number of projected additional connections to
any private sewage conveyance system in the Township, whether or not
disposal or treatment occurs in the Township, and any private community
sewage treatment facility within the Township.
(6)
Copies of the most recent DEP or other state-required
monthly or annual reports, where applicable, for the sewage treatment
facility.
(7)
Such other information deemed necessary by Tobyhanna
Township.
A.
Permits. No person shall alter an on-lot sewage disposal
system without obtaining a repair permit from the Sewage Enforcement
Officer. The permit shall indicate that the site, plans and specifications
of such a repair are in compliance with the provisions of the Clean
Streams Law and the Pennsylvania Sewage Facilities Act (Act 537) and
the regulations adopted pursuant to these Acts.[1]
[1]
Editor's Note: See 35 P.S. § 691.1
et seq., and 35 P.S. § 750.1 et seq., respectively.
B.
Repairs. If, upon inspection of the existing system, a malfunction is found, the property owner will be required to repair the system using current Chapter 73 requirements or the best-technical-guidance approach established by the Department of Environmental Protection. All repairs will require a repair permit. Application for a repair permit shall be made on form ER-BWQ-290, and the required fee will be made to the Township. Subsequent to the satisfactory evaluation of the proposed repair plan, a repair permit will be issued pursuant to Section 7 of the Sewage Facilities Act (Act 537).[2]
[2]
Editor's Note: See 35 P.S. § 750.7.
C.
Repair time frames. A time schedule shall accompany
a system repair application. The time frame for completing the system
repair(s) shall be reviewed and approved by the Township Sewage Enforcement
Officer. General guidelines for the timely completion of system repairs
shall be established by Township management.
D.
Inspection of repair systems. Repairs shall be inspected
by the Township Sewage Enforcement Officer at each stage of the repair
and prior to covering of the repaired system.
E.
Monitoring. All repaired systems will be monitored
annually for a period of five years.
A.
Township responsibilities. The Township shall fully
utilize those powers it possesses through enabling statutes and ordinances
to effect the purposes of this article. The Township shall employ
qualified individuals to carry out the provisions of this article.
Those employees shall include a Sewage Enforcement Officer and may
include an administrator and such other persons as may be necessary.
The Township may also contract with private qualified persons or firms
as necessary to carry out the provisions of this article.
B.
Reporting. All inspections done will be reported to
the Board of Supervisors in the monthly report. This report will indicate
the number of malfunctions and the number of systems found to be in
working order.
