[Adopted 11-18-2004 by Ord. No. 2004-3]
This article shall be known and may be cited as the "Hellam Township On-Lot and Community Sewage System Ordinance."
A. 
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), it is the power and duty of Hellam Township to provide for adequate sewage treatment facilities and for the protection of the public by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for Hellam Township indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.
B. 
Further, the Board of Supervisors recognizes that individual on-lot sewage disposal systems constitute a valid and approved manner of conserving the quality of the water and other natural resources of the Township through proper treatment of wastes generated by development within the Township. The use of individual on-lot sewage systems must be regulated in accordance with the regulations promulgated by the Department of Environmental Protection which pertain to the location and permitted types of on-lot sewage disposal systems. In addition, the Township has determined that should the on-lot sewage system disposal system installed by an owner fail, the water quality and other natural resources of the Township may be polluted. It is especially of concern to the Board that such pollution may occur when a system fails and there is no suitable area on the lot for the installation of a replacement system. Therefore, in order to protect the water quality and other natural resources of the Township, thereby protecting the health and welfare of residents and visitors, the Board desires to require that all owners provide and set aside areas for the installation of replacement individual on-lot sewage disposal systems.
C. 
It is the further intent of the Board to insure that on-lot sewage disposal systems are properly maintained. Failure to maintain on-lot sewage disposal systems results in malfunctions, which in turn results in the pollution of the water quality and other natural resources of the Township. On-lot sewage disposal systems should be pumped out on a regular basis, and it is the responsibility of all owners to insure such maintenance is performed.
D. 
The Board also desires to provide for the proper maintenance of the community systems which have been installed in the Township. Proper maintenance of community sewage systems is essential to preserve and protect the health and welfare of Township residents and to preserve and protect the environment.
A certain document, three copies of which have been and are presently on file in the office of the Secretary of the Township of Hellam, being marked and designated as Chapters 71, 72, and 73 of Title 25 of the Pennsylvania Code, being promulgated by the Department of Environmental Protection of the Commonwealth of Pennsylvania, be and is hereby adopted as the sewage permit application and installation procedure of the Township and each and all of the regulations contained in the said chapters are hereby adopted by the Township except as modified by this article. It is the intent of the Board to adopt all subsequent amendments and revisions to said chapters as permitted by law and in accordance with the provisions of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid by a court of competent jurisdiction, it is the intent of the Board to adopt said chapters as they existed on the effective date of this article.
A. 
Word usage. In the interpretation of this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Definitions. All words and phrases not otherwise defined herein shall have the meaning provided in Section 2 of the Act, 35 P.S. § 750.2, Section 71.1 of the Department's Regulations, 25 Pa. Code § 71.1, or Section 73.1 of the Department's Regulations, 25 Pa. Code § 73.1, or the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
ABSORPTION AREA EASEMENT
A portion of a lot, tract or parcel that encompasses the primary and replacement absorption area and which shall be delineated and preserved. The primary and replacement areas need not be contiguous.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et seq.
AUTHORIZED AGENT
A certified sewage enforcement officer (SEO), professional engineer or sanitarian, plumbing inspector, soils scientist, water quality coordinator, or any other person who is designated to carry out the provisions of this article as the agent of the Board.
BOARD
The Board of Supervisors of the Township.
COMMUNITY SEWAGE SYSTEM
Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site and which shall comply with all applicable regulations of the Department. Notwithstanding the foregoing, the sewage collection, transmission and treatment systems of WBMA and EYCSA shall not be considered community sewage systems for the purposes of this article.
DEPARTMENT/DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any successor agency.
DEVELOPER
Any person who files a planning module for land development with the Township; or who files an application for approval of a subdivision or land development plan proposing the subdivision or development of land within the Township; or who makes application for a permit; or who makes an application for a zoning permit under Chapter 490, Zoning; or who installs, repairs, modifies, or alters an OLDS or community sewage system serving properties within this Township other than a governmental entity.
EYCSA
Eastern York County Sewer Authority.
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)
Any system of piping, tanks, or other facilities serving on a single lot and collecting and disposing of sewage in whole or in part into the soil and any waters of the Commonwealth of Pennsylvania and which is located upon the lot which it serves. The term also includes an OLDS which meets the definition of nonstandard system.
INDIVIDUAL RESIDENTIAL SPRAY IRRIGATION SYSTEM ("IRSIS")
An individual sewage system which serves a single dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation.
LAND DEVELOPMENT
A land development as defined in the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
LOT
A parcel of land used or intended to be used as a building site or a separate parcel to be created as a result of approval of a subdivision or land development application or a condominium unit.
MALFUNCTION
The condition which occurs when an OLDS or community sewage disposal discharges sewage onto the surface of the ground, into ground waters of the commonwealth, into surface waters of the commonwealth, backs up into the building connected to the OLDS or community sewage disposal system or otherwise causes a hazard to the public health or pollution of ground or surface water or contamination of public or private drinking water wells. An OLDS or community sewage disposal system shall be considered to be malfunctioning if any of the conditions set forth in this subsection occur for any length of time during any period of the year.
NONSTANDARD SYSTEM
An OLDS which has a denitrification unit or any other equipment which is not commonly found on OLDS within York County or an OLDS which has been modified to address groundwater contamination or other environmental issues or any OLDS which requires additional approvals from the Department or a modification or amendment to the Township's Official Plan.
OFFICIAL PLAN
A comprehensive plan for the provision of adequate sewage disposal systems adopted by the Township and approved by the Department in accordance with the Act and with applicable Department regulations.
OLDS
An individual on-lot sewage disposal system.
OWNER
Any person having any legal or equitable interest in land located within the Township, either in whole or part, whether by deed, sales agreement, decree, inheritance or operation of law. Whenever the term "owner" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this article, the term "owner" shall also include any adult tenant or adult occupant of the land.
PERMIT
A permit issued by the Sewage Enforcement Officer after the performance of tests to determine suitability to authorize the initial installation of an OLDS or the repair, replacement or enlargement of an existing OLDS.
PERSON
Any individual, association, partnership, public or private corporation whether for profit or not-for-profit, trust, estate, or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this article, the term "person" shall include the members of an association, partnership or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
PLANNING COMMISSION
The Township Planning Commission, which has jurisdiction under Chapter 430, Subdivision and Land Development, to review and approve subdivision and land development plans in accordance with the requirements of the Pennsylvania Municipalities Planning Code.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to the Township Official Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.
PRIMARY AREA
An area on a lot, tract or parcel of land that has been tested by the SEO and found suitable, based upon the then-current DEP site requirements, for the installation of an on-lot sewage disposal system, and which will be preserved and protected from alteration for installation of the initial on-lot sewage disposal system for sewage generated on that lot, tract, or parcel. (See "replacement location.")
PUMPER/HAULER BUSINESS
Any person as defined in this article licensed by the Department, and/or other governmental agency to engage in cleaning any or all components of a community or individual on-lot system, holding tanks, privies, aerobic tanks, cesspools, or any other sewage disposal facility within the Township and evacuate and transport the septage cleaned therefrom, whether for a fee or free of charge.
PUMPER'S REPORT/RECEIPT
A form, provided by the Township, which shall be used by all pumper/hauler truck operators to report every pumping of an on-lot system in the Township.
REGULATIONS
The Pennsylvania Code, Title 25, Chapters 71, 72 and 73.
REPLACEMENT LOCATION
A location designated as the future location of an OLDS that shall be installed should the OLDS installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of the Department and all applicable Township ordinances for an OLDS.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes, but is not limited to, the following:
(1) 
CHEMICAL TOILETA permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.
(2) 
HOLDING TANKA tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system having no discharge point, requiring pumpout and disposal of waste at another site.
(3) 
PRIVYA tank designed to receive sewage where water under pressure is not available.
(4) 
INCINERATING TOILETA device capable of reducing waste materials to ashes.
(5) 
COMPOSTING TOILETA device for holding and processing human and organic kitchen waste, employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.
(6) 
RECYCLING TOILETA device in which the flushing medium is restored to a condition suitable for reuse in flushing.
SEPTAGE
The residual scum, sludge and other materials pumped from septic or aerobic treatment tanks and the systems they serve.
SEWAGE
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health or to animals or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Clean Streams Law.
SEWAGE ENFORCEMENT OFFICER
The Sewage Enforcement Officer of the Township (SEO).
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.
SOIL ABSORPTION SYSTEM
An on-lot system that uses the renovative capacity of the soil for treatment. All SEO permitted systems, except retention tank systems, are soil absorption systems.
SUBDIVISION
A subdivision as defined by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 52 P.S. § 10101 et seq.
THE CLEAN STREAMS LAW
Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. § 691.1 et seq.
TOWNSHIP
The Township of Hellam, York County, Pennsylvania.
WBMA
Wrightsville Borough Municipal Authority.
In order to insure compliance with the Official Plan, all developers who request approval of planning modules for land development or who request the review of subdivision plans, and land development plans providing for sewage disposal proposing sewage disposal by means of OLDS or community sewage systems shall submit the following information to the Township for review in accordance with the following requirements:
A. 
The developer shall submit the information required by this § 380-50 to the Township with the planning module for land development or with the preliminary subdivision or land development plan, whichever the developer first submits to the Township.
B. 
It is the responsibility of the developer to submit the information to all other reviewing agencies, including but not limited to the York County Planning Commission, in accordance with the Department's regulations. It is the responsibility of the developer to pay for the publication of any legal advertisement which may be required by the Department's regulations. Failure of the developer to pay the costs of legal advertisement within 15 days after receipt of a copy of the newspaper's invoice shall render the submission incomplete.
C. 
The developer shall submit a written report detailing the planning and decision making steps used in the selection of the method of sewage disposal.
A. 
After the effective date of this article, no requests for approvals of planning modules for land development and no revisions or supplements to the Official Plan shall be granted unless the applicant presents to the Board evidence that each lot or lot to be created contains a suitable location for the installation of an initial OLDS except when such lots or lots to be created are to be served by a community sewage system. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the location shall be performed as approved by the Department.
B. 
A hydrogeologic study is required for all subdivisions and land developments that propose to use on-lot sewage disposal systems. The hydrogeologic study must use a mass balance equation that includes water consumption, impervious area, and a recharge rate as cited in "Groundwater Resources of the Lower Susquehanna River Basin" Water Resource Paper 57 prepared by Taylor and Werkheiser (1984) in order to calculate a lot size. The hydrogeologic study must document that the minimum lot sizes will result in nitrate levels less than 10 mg/l both at the perimeter of the property, and at each proposed well location. If wells are drilled in order to ascertain background nitrate levels, their sampling depth must be in the upper regions of the aquifer and must be consistent with the depth of existing wells used to establish background nitrate levels. The Township reserves the right to conduct the well water testing on which the hydrogeologic study shall be based, the costs of which shall be paid by the applicant.
C. 
Well test results submitted with planning modules will be compared with the Official Plan well test data. If the results vary from the Official Plan well test data, the Township reserves the right to require additional testing at owner's expense to clarify any discrepancies.
After the effective date of this article, a replacement location for an OLDS shall be required for all lots to be created which are not serviced or to be serviced by a community sewage system operated by a governmental entity or for which a valid permit for an OLDS has not been issued. The replacement location shall comply with the Act and with all regulations issued by the Department as incorporated into this article concerning OLDS, including isolation distances, and with the terms of this article and any other applicable Township ordinances.
A. 
Each person who shall apply for a permit under Chapter 490, Zoning, or a permit for an OLDS (other than a permit for a repair to or modification of an existing OLDS) or who shall request approval of a planning module for land development or the adoption of a revision or supplement to the Official Plan or who shall file an application for subdivision or land development approval which proposes sewage disposal by means of OLDS shall demonstrate to the satisfaction of the Sewage Enforcement Officer that a suitable area exists on the lot or on each lot to be created for an initial OLDS and for the replacement location. All tests required by the Department and this article for the location of an OLDS to confirm the suitability of the Replacement Location shall be performed as approved by the Department. Allowance of open land for the Replacement Location without testing performed or observed by the Sewage Enforcement Officer shall not constitute compliance with the requirements of this section.
B. 
The developer shall identify the location of the initial OLDS and the replacement location as confirmed by the Sewage Enforcement Officer on the plot plans and diagrams submitted as a part of the subdivision or land development plan and as part of the permit application.
C. 
If the application has been submitted as a part of an application for approval or review of a planning module for land development, the developer shall identify the location of each OLDS and each replacement location upon the plans. If the application is for subdivision or land development approval, the developer shall include a note on the plans stating that:
(1) 
No improvements, whether permanent or temporary, shall be constructed upon or within the absorption area easement.
(2) 
No permanent or temporary alterations, grading, excavation, stockpiling of any soil or any other material shall take place on or in the absorption area casement.
(3) 
During any construction or other activities, the absorption area easement shall be so marked to prevent equipment with greater wheel loadings than a common garden tractor/riding mower from traveling over or operating upon the surface of the absorption area easement.
(4) 
The final cover or improvement to every absorption area easement shall be limited to shallow-rooted plant matter.
D. 
Any revisions to a permit affecting a replacement location which previously has been issued pursuant to the provisions of this article shall be approved by the Board or its authorized representative. Any revisions to a subdivision or land development plan affecting a replacement location which has been previously approved pursuant to the provisions of this article shall be resubmitted to the Township for review and approval by the Planning Commission and Board of Supervisors.
E. 
An owner wishing to alter the use of the replacement location must first document, through a site evaluation by the SEO, that an additional area suitable for the installation of an on-lot system exists, and upon such a finding, shall:
(1) 
Prepare and submit to the Township for approval a declaration of easement which shall:
(a) 
Meet the identification, nonuse and preservation requirements of this section;
(b) 
Describe, by meets and bounds, the easement area to be abandoned.
(2) 
Within 15 days of the approval by the Township, record the declaration of easement at the County Recorder of Deeds Office.
(3) 
File a copy of the recorded easement with the Township.
No person shall construct or install any permanent or temporary improvements of any character other than the planting of trees, shrubs, or other plant matter upon the replacement location unless the person who desires to construct such improvements shall demonstrate to the satisfaction of the Sewage Enforcement Officer that an alternate replacement location which complies with all applicable regulations of the Department, this article and all other applicable Township ordinances exists upon the lot. If such an alternate replacement location shall be identified, the alternate replacement location may be considered to be the replacement location required by this article and shall be designated as the replacement location. The newly designated replacement location shall thereafter be considered the replacement location for the purposes of this article.
If any lot held in single and separate ownership as of the effective date of this article shall not contain land suitable for a replacement location, the applicant for a permit for an OLDS may request that the Board of Supervisors grant a waiver to the requirement of providing a replacement location. Applicants for relief under this section shall submit a written application setting forth the information required by this section and shall include the application fee established by resolution or ordinance of the Board of Supervisors. The applicant for such an exception shall present credible evidence to the Board demonstrating: that the lot was held in single and separate ownership on the effective date of this article; the size of the lot; inability of the applicant to acquire adjacent land or the unsuitability of adjacent land which might be able to be acquired; and the testing conducted to determine that the lot is not suitable to provide a replacement location. At all times the burden to present credible evidence and the burden of persuasion shall be upon the applicant for an exception from the terms of this article. The Board shall take action within 45 days of receipt of complete application and application fee.
The owner and any contractor performing work upon an OLDS shall obtain a permit from the Sewage Enforcement Officer in accordance with the Act, the regulations of the Department, and this article prior to the installation, alteration, modification, repair or replacement of any OLDS. This requirement shall apply to all lots within the Township regardless of the size of the lot and regardless of the familial relationship of the person seeking to install the OLDS to the property owner. The Sewage Enforcement Officer shall not issue a permit for an OLDS until a suitable replacement location has been established or until the applicant presents the Sewage Enforcement Officer with a written determination by the Board granting relief from the designation of a replacement location in accordance with § 380-55 of this article or unless such permit is requested to repair a malfunction of an existing OLDS. All permit applications shall demonstrate compliance with the following:
A. 
Building and zoning permits shall not be issued for any building, or improvement to real property to be serviced by an on-lot system, prior to receiving a permit for the installation or repair of the on-lot system from the SEO. Septic systems must be sized appropriately and in a state of good repair prior to issuance of a building permit for proposed building additions and renovations. If there are no repairs to an existing OLDS, the Township's SEO is required to notify the Township.
B. 
All system components including absorption areas must be located on the same lot, tract, or parcel as the structure they will serve. Systems or components cannot be located on a separately deeded parcel, regardless of the parcel's ownership, or through means of an easement, right-of-way or other instrument.
C. 
All planning modules proposing individual or community sewage systems which require a DEP permit shall include a provision granting the Township and its agents the right to enter the premises to inspect the construction and/or operation of the DEP permitted system, and if the system is not being constructed or operated according to the permitted design, issue a stop-work order or revoke the occupancy permit until construction or operation is brought into compliance with the permit.
D. 
No on-lot system shall be altered, extended, augmented, modified or repaired without the issuance of a repair permit by the SEO.
E. 
The use of a Terralift machine or conducting a Terralift procedure are hereby deemed to constitute the alteration of an on-lot sewage disposal system, and either or both activities may only be undertaken pursuant to a permit issued by the SEO. The permit shall validate the absence of a malfunction and conformity of the site with DEP requirements for Terralift procedures.
F. 
No on-lot system shall be used or loaded in a manner which is inconsistent with the permit that was issued to authorize that system's installation.
G. 
Permit applications for on-lot systems which include electronically, mechanically, manufacturer's recommended maintenance schedule and product specifications.
All developers within the Township shall design sewage disposal systems in accordance with the planning policies and methodology set forth in this section. The developer shall include a narrative with any planning submission which shall demonstrate the procedure used by the developer in determining the sewage disposal facilities proposed for the development. If the developer is not required to submit a planning submission, the developer shall present information sufficient to demonstrate compliance with this section with his or her application to the Sewage Enforcement Officer for a permit to install, repair, alter or modify an OLDS.
A. 
The Township encourages use of OLDS wherever feasible and economical outside of the present and future public sewer service area as defined by the Official Plan of the Township. Outside of the public sewer service area, developers shall use planning policies which foster the nonsewer approach and the conservation of groundwater resources. At a minimum, the developer shall address the following Township policies:
(1) 
Establish OLDS and community sewage disposal system ownership and maintenance responsibilities with the individual lot owner, a homeowners' association, condominium unit owners' association or the developer.
(2) 
Provide water conservation and waste flow reduction by the use of water-saving devices and other state of the art water conservation methods for all new construction and the replacement of any components of existing structures.
(3) 
Recycle wastewater by relying upon OLDS for groundwater recharge via subsurface disposal of treated wastewater.
(4) 
Restrict elevated sand mound systems in accordance with Chapter 73 of the Department's regulations where possible.
(5) 
Restrict subsurface community sewage disposal systems to resolution of sewage-related problems of existing structures.
B. 
The methodology for selecting and evaluating specific OLDS shall be a progressive multistep process. The developer may consider and evaluate a community sewage system outside of the public sewered areas established by the Official Plan only when individual OLDS are not feasible.
(1) 
Evaluate individual OLDS. The approved individual wastewater treatment systems within the Township are septic tanks, aerobic treatment units, spray irrigation systems and, in order to remedy existing malfunctions, individual stream discharge systems. These treatment methods may be used with the various effluent treatment and disposal methods outlined below:
(a) 
Conventional subsurface absorption system. If a site is suitable in accordance with Department regulations for conventional sewage disposal systems such as a septic or aerobic tank with an absorption area (standard trench, seepage bed, subsurface sand filter or elevated sand mounds), the appropriate combination of wastewater treatment and effluent disposal system shall be selected as the most cost-effective OLDS.
(b) 
Conventional spray irrigation. If a site is suitable in accordance with Department regulations for a conventional spray irrigation, and if the site is not suitable for a conventional subsurface absorption system, the appropriate combination of wastewater treatment and effluent disposal system shall be selected.
(c) 
Stream discharge systems. If a lot with a malfunctioning OLDS cannot be repaired with a conventional subsurface absorption system or a spray irrigation system, and the site is suitable in accordance with Department regulations for a stream discharge, then a treatment system with stream discharge is allowed.
(d) 
Alternate systems. The developer shall evaluate alternate systems if there are inadequate soils or other concerns on the site that prevent the use of conventional septic systems. These systems shall use technology that has been proven to reliably dispose of sewage without creating malfunctions. The design of the alternate system shall be approved in accordance with the regulations of the Department and the Act.
(e) 
Experimental systems. The Township does not encourage experimental systems. A developer may propose the use of an experimental system only in areas where no other alternatives are available. The developer shall submit all documentation required for approval of the experimental system in accordance with the regulations of the Department and the Act. Testing, monitoring and permitting of these systems shall comply with the requirements of the Department.
(2) 
Replacement location. The developer shall provide a replacement location for each OLDS set forth above unless such OLDS is being installed to address an existing malfunction and no replacement location is available.
(3) 
Examine combined individual and community systems. As a remedial action, a developer may propose the linking of existing, malfunctioning OLDS to a new development to solve the malfunctioning condition.
(4) 
Examine community sewage systems. The developer may evaluate community sewage systems only if it is not feasible to provide for sewage disposal through OLDS. The developer shall provide on-site or off-site wastewater treatment. The developer shall review each collection alternative and shall select an effluent disposal method from the various alternatives. Community sewage systems shall be utilized only for correction of sewage related problems of existing OLDS or community sewage systems unless the community sewage system is operated by a governmental entity in accordance with the Township Official Plan.
C. 
The developer shall evaluate the construction cost, operation and maintenance costs, and environmental impacts of each method of sewage disposal and shall choose the most appropriate for maintenance of water quality. The developer shall present the evaluation to the Township as part of its planning submission.
All owners, developers and contractors who desire to install, repair, modify or alter an OLDS in the Township shall obtain a permit from the Sewage Enforcement Officer prior to the commencement of such work. All work performed under any permit shall comply with the following regulations:
A. 
The holder of a permit and the contractor performing work under such permit shall notify the Sewage Enforcement Officer at least three working days before commencing installation, repair, modification or alteration of the OLDS in order that one or more inspections in addition to the final inspection required by the Department may be scheduled and performed by the Sewage Enforcement Officer.
B. 
Any OLDS permit providing for the installation or repair of a septic tank shall require that the septic tank contain septic solid retainers of the type as specified by the Department's regulations. This is to obtain the highest quality effluent.
C. 
If construction or installation of the OLDS and of any building or structure for which such OLDS is to be installed has not commenced within three years after the issuance of the permit for such OLDS, the permit shall expire. The owner and/or contractor shall obtain a new permit prior to commencement of the installation, repair, modification, replacement or alteration of the OLDS.
All owners, developers and contractors who desire to install a nonstandard OLDS, including but not limited to a denitrification system or an IRSIS, in addition to all requirements of §§ 380-56, 380-57, 380-58, and 380-60 of this article, shall also meet all of the following requirements:
A. 
The record owner of the lot on which such system is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the system which grants the Township the right to enter upon the property; to inspect such system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such system is not functioning properly; to maintain such system if the owner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the owner. The agreement shall specifically authorize the Township to file a municipal claim against the property to recover all costs and fees and shall specifically state that its provisions are binding upon the owner executing the agreement and upon all successive owners of the property until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
B. 
The applicant shall post financial security with the Township to secure the future maintenance of the system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular nonstandard system chosen by the applicant. The financial security shall be posted through a self-renewing irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the system is removed and the property is connected to a public sewer system owned and operated by a governmental entity.
C. 
The applicant shall demonstrate to the Township that the proposed non-standards system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D. 
The applicant shall provide the Township with a complete set of as-built plans signed and sealed by a licensed professional engineer for the nonstandard system after its installation.
E. 
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F. 
The applicant shall pay all costs associated with the inspection or inspections of the nonstandard system.
A. 
In addition to the above requirements, all applications for on-lot systems which propose to use an IRSIS as the treatment method shall be accompanied by one of the following:
(1) 
An operation and maintenance agreement between the owner and an individual, firm or corporation experienced in the operation and maintenance of sewage treatment system such as the IRSIS; or
(2) 
A maintenance agreement between the owner and an association, trust or other private entity which is structured to and which accepts the responsibility for proper operation and maintenance of the IRSIS.
B. 
Applications for IRSIS shall be accompanied by:
(1) 
A financial guarantee of the same type and character that is required for public improvements by Chapter 430, Subdivision and Land Development.
(2) 
An operation and maintenance manual for the proposed IRSIS, together with a pamphlet or other document in form satisfactory to the Township summarizing the operation and maintenance requirements of the IRSIS and including the estimated annual cost of operating and maintaining the same.
(3) 
A set of design plans for the IRSIS.
C. 
The financial guarantee shall assure that the Township has access to sufficient funds to operate, maintain, repair or replace any component of the IRSIS in the event that the owner:
(1) 
Fails to maintain the system or any of the system's components according to the manufacturer's specifications; or
(2) 
Fails to service, clean, inspect and/or pump the treatment tank(s) according to the other applicable standards of this article; or
(3) 
Fails to conduct testing and monitoring at least annually, or more frequently if required by DEP regulations, and report the results of any laboratory analysis to the Township; or
(4) 
Voids, cancels, or terminates and fails to replace in a manner approved by the Township the agreement required by Subsection A of this section.
D. 
The Operation and Maintenance Manual shall describe in reasonable detail the method of operation and required public inspection and maintenance of the components of the IRSIS, including, but not limited to, as applicable, spray nozzle heads, treatment tank, dosing tank, intermittent sand filters, chlorine contact tank, storage tank, chlorination, and all electrical and mechanical control mechanisms.
E. 
The Operation and Maintenance Manual shall include formatted charts for the purpose of keeping a record as to the dates of all required inspections, maintenance, repair and/or replacements of components of the IRSIS together with a check-mark system indicating the performance of the specific inspection, maintenance, repair and replacement task, an indication of the type of service, repair or replacement performed and the name of the person(s) who performed the inspection, maintenance, repair or replacement. The forms of the inspection, maintenance, repair and replacement charts shall be included in the Operation and Maintenance Manual.
F. 
The owner of any property whose sewage disposal needs are met by an IRSIS shall maintain an up to date record of all service calls, inspections, maintenance, repairs and replacements performed on the IRSIS. All records shall be available for inspection by the Township, the Township SEO, or any other designee of the Township without prior notice. The Township also reserves the right to require owner to forward copies of these records to Township or its designee at any time.
G. 
The IRSIS shall have external controls placed in a weatherproof locked box readily accessible to the Township or its designee. The Township or its designee shall be provided with keys to the locked box. Property owners shall consent to the Township or its designee entering upon the property not less than once ever six months nor more than quarterly, without prior notice, to inspect all components of the IRSIS as identified in 25 Pa. Code § 73.167, and to perform not less than once every six months nor more than quarterly a water analysis of the discharge effluent to confirm that said discharge meets or exceeds the required levels of treatment required of such systems by DEP. Testing shall occur at nozzle heads and shall include testing for residual chloride, fecal coliform, biochemical oxygen demand (BOD), suspended solids (SS), total nitrogen, phosphorus, as well as for any other substances for which testing is required by DEP.
H. 
In the event that it is determined upon any inspection that any repair and/or replacement of any component is required to bring the spray irrigation system into compliance with DEP regulations, the Township, its SEO, or any other designee shall issue a correction order designating the system repair (or replacement) required and the date by which such correction and/or replacements shall be accomplished. The correction order may require that effluent from the IRSIS be pumped by a qualified hauler until such system repair and/or replacement is completed, at which time the system shall be reinspected to determine compliance with the correction order. The Township or its designee shall then issue either a certificate of correction or a further correction order.
I. 
In the event that it is determined upon any inspection or review of maintenance records that required maintenance and/or recordkeeping is not being performed, the Township or other designee shall have the authority to issue a maintenance order directing that any required maintenance be performed, at what intervals, as well as directing the property recordkeeping with reference to maintenance and repair of the system.
J. 
In the event a property owner fails to or refuses to perform the work required by any correction order or maintenance order, the Township or other designee of the Township shall have the right (but not the obligation) to enter upon the premises and to perform any repairs or replacements with respect to the IRSIS, all of which shall be made at the cost and expense of the property owner. Prior to entering upon the premises and performing any repairs or replacements of an IRSIS or its components parts, the Township or its designee shall provide the property owner with five business days' advance written notice of its intention to enter upon the premises for these purposes. The property owner shall have the right to comply with the terms of this article within that five-day period. Any notice required by the terms of this section shall be sufficient if sent to the property owner's last known address by regular mail and/or posted at a conspicuous location on the property as deemed sufficient by the Township or its designee.
K. 
During the period of time when an IRSIS is inoperable and/or incapable of treating the discharged effluent so as to meet and/or exceed those standards of DEP, the property owner shall make all necessary arrangements to remove said effluent and arrange for the appropriate disposition of the same by a properly licensed septic hauler. In the event that the property owner fails to make the necessary arrangements for the removal of said effluent, the Township or other Township designee shall have the right, upon 48 hours' written notice to the property owner, to enter upon the premises and cause said effluents to be removed. Where the property owner causes the effluents to be removed, the owner shall provide a receipt of said removal by a licensed septic hauler. The property owner agrees to continue hauling the effluent until such time as the IRSIS has been properly certified as being operable by the Township SEO or Township Engineer. Any notice required by this section of this article shall be sufficient if posted at a conspicuous location on the property as deemed sufficient by the Township or its designee.
L. 
The Township shall establish the amount of an annual fee and a fee for the inspections described herein and administrative costs associated therewith. This may be included in other fee resolutions adopted by the Township. The Township shall also establish the date upon which the annual fee shall be paid.
M. 
Any costs incurred by the Township or any designee for inspections, repairs and or/replacement of the IRSIS or any of its component parts or in the removal of tank contents and effluents in accordance with the terms of this article shall be recoverable by the Township from the property owner. In the event that the property owner (or successors, heirs and assigns) fails to pay the Township for such costs and expenses, then the Township shall have the right to any action at law or equity and/or to cause a municipal lien to be placed on the property in the amount of said expense.
N. 
Nothing contained in this section shall be construed to waive, affect or alter any requirements of any other Township ordinances. Nothing herein contained empowers any Township officer, employee or designee to waive any requirement of this or any other ordinance.
O. 
A letter from the property owner's licensed professional engineer shall accompany all plans certifying that the IRSIS is built according to its design.
P. 
The operation and maintenance agreement or a memorandum referencing the same shall be recorded at the expense of the property owner in the Office of the Recorder of Deeds of York County, and shall be binding on property owner and all successors, heirs, administrators, executors and assigns.
Q. 
From the date the permit application is submitted to the SEO or Township and continuing for a period ending two years after the date of approval of the system installation by the SEO, the financial guarantee shall be in an amount not less than 50% of contract price for the installation of the IRSIS and all piping, tank and other related system components.
R. 
Beginning two years after the date that the system installation is approved by the SEO and continuing for the design life of the system, the financial assurance shall be reduced to an amount not less than 10% of the actual construction cost for the installation of the IRSIS and all piping, tankage and other related system components.
S. 
The financial guarantee shall be forfeited by the owner and the Township shall apply the funds to the repair, operation or maintenance of the system when:
(1) 
The system is not maintained according to the standards of this article, applicable DEP regulations, or the manufacturer's specifications; or
(2) 
The treatment tank(s) are not services, cleaned, inspected and/or pumped according to the applicable standards of this article; or
(3) 
The testing and/or monitoring is not conducted according to the standards of this article, applicable DEP regulations, or the manufacturer's specifications; or
(4) 
The agreement required by Subsection A of this section is voided, canceled, or terminated and is not replaced in a manner approved by the Township.
T. 
In additional to all requirements set forth by this chapter and DEP, the following regulations shall also apply:
[Added 11-3-2011 by Ord. No. 2011-02]
(1) 
All grass cuttings or other acceptable cover crops shall be removed from the spray field and properly and lawfully disposed of off site. Hellam Township retains the right to inspect the site to make sure that grass clippings or other acceptable cover crops will be removed from the spray field.
(2) 
At no time will the spray field have commercial nitrogen fertilizer, lawn fertilizer, lawn service solutions, manure, sludge, plant debris, mushroom compost, or other nitrogen-containing materials placed upon it.
All owners, developers and contractors who desire to install a community sewage system shall meet all of the following requirements:
A. 
The record owner of the lot on which the community sewage system is to be installed and, if different, the applicant, shall enter into an agreement with the Township, in recordable form, providing for the long-term maintenance of the community sewage system which grants the Township the right to enter upon the property; to inspect such community sewage system not less than once each year and, in addition, whenever the Township receives a complaint or otherwise has reason to believe that such community sewage system is not functioning properly; to maintain such community sewage system if the owner fails to do so; and to recover the cost of any maintenance performed plus a penalty from the owner. The agreement shall specifically authorize the Township to file a municipal claim against the property served by the community sewage system to recover costs and fees and shall specifically state that its provisions are binding upon the owner executing the agreement and upon all successive owners of the property and any lots which are served by the community sewage system until the community sewage system is removed and the property is connected to a public sewer system owned and operated by a governmental entity or until WBMA or EYCSA or another governmental entity assumes ownership and maintenance responsibility for the community sewage system.
B. 
The applicant shall post financial security with the Township to secure the future maintenance of the community sewage system and payment of costs of annual inspection of such system. The amount of the financial security shall be based upon the estimated cost to maintain the particular community sewage system chosen by the applicant. The financial security shall be posted through an irrevocable letter of credit in a form acceptable to the Township Solicitor or in a cash escrow which the Township shall maintain in a non-interest-bearing account. The Township shall not release such financial security until the Township is provided with alternate financial security or until the community sewage system is removed and the property is connected to a public sewer system owned and operated by a governmental entity or until WBMA or EYCSA or another governmental entity assumes ownership and maintenance responsibility for the community sewage system.
C. 
The applicant shall demonstrate to the Township that the proposed community sewage system meets all applicable Department regulations and that the applicant has obtained all necessary approvals and permits.
D. 
The applicant shall provide the Township with a complete set of as-built plans for the community sewage system after its installation.
E. 
The applicant shall reimburse the Township for all costs incurred in the preparation of the agreement and its recording.
F. 
The applicant shall pay all costs associated with the yearly inspection of the community sewage system.
All persons who own a lot upon which an OLDS is installed and all persons who occupy a lot on which an OLDS is installed shall properly use and maintain such OLDS. Proper maintenance of an OLDS shall include, at a minimum:
A. 
Following any operation and maintenance recommendations of the manufacturer of the OLDS. If the OLDS is a nonstandard system additionally, following the operation and maintenance recommendations of the manufacturer of the denitrification unit or other nonstandard equipment which is part of the OLDS.
B. 
The owner of a property upon which an on-lot system is constructed shall at all times operate and maintain the on-lot system in such condition as will permit it to function in the manner in which it was designed and to prevent the unlawful discharge of sewage.
C. 
The owner of a property upon which an on-lot system is constructed shall maintain the area around such system so as to provide convenient access for inspection, maintenance and pumping, and divert surface water and downspouts away from the absorption area and system components and protect the absorption area(s) from physical damage.
D. 
In the event an owner detects conditions that indicate or could reasonably be interpreted to indicate a malfunction, the owner shall contact the SEO and, if repair or replacement is necessary, apply for a permit to repair or replace the malfunctioning system. Owners who disclose to the SEO the presence of a malfunction upon their lands shall not be penalized for the disclosure. If an owner who has disclosed the presence of a malfunction fails to make voluntary repairs, the Township may seek injunctive or other relief to compel the repair of the malfunction or cause the repair to be effectuated.
E. 
Every aerobic or septic treatment tank which discharges effluent to a soil absorption area or to an individual residential spray irrigation system shall be pumped out according to the schedule established in this article. If a component's manufacturer requires a more frequent pumping interval than contained in this article, that interval shall be deemed the minimum interval for pumping.
F. 
When an on-lot system's treatment tank is pumped out, all dosing tanks, lift tanks and other tanks associated with the system shall also be pumped out.
G. 
Retaining tanks shall be pumped out at such intervals as will prevent overflow, leakage, backup, other malfunction, or a public health hazard or nuisance, but no less frequently than 12 times per year or at sufficient intervals to ensure the tank does not reach 75% capacity. Proof of pumpout of holding tanks shall be supplied to the Township.
H. 
Upon completion of each required pumping, the pumper/hauler business shall:
(1) 
Complete a pumper report;
(2) 
Deliver the original pumper report to the owner;
(3) 
Deliver a copy of the pumper report to the Township by the 10th business day of the month following the month of inspection and or pumping.
(4) 
The report shall be on Township-provided forms.
I. 
The first time a system's tank is pumped, the pumper reports shall include the following minimum information which shall be developed, discovered or otherwise obtained as the result of a system inspection conducted according to the then-current inspection protocol of the Pennsylvania Septage Management Association:
(1) 
Date of pumping, tank capacity and material.
(2) 
Name and address of system owner.
(3) 
Name of current occupant and number of system user.
(4) 
Property address where tank is located, if different from owner's.
(5) 
Description and diagram of the location of the:
(a) 
Treatment tank.
(b) 
Risers.
(c) 
Access hatches, pump tanks, filters, D-box, absorption areas, etc., with distances relative to two fixed landmarks.
(6) 
Presence and condition of baffles in all tanks and all compartments.
(7) 
Permit number and date existing system was installed (if known, month/year).
(8) 
Last date of pumpout (if known, month/year).
(9) 
List of other maintenance performed.
(10) 
Indications of system malfunction observed.
(11) 
Amount (gallons) of septage, sludge, or other material removed.
(12) 
List of recommendations for system rehabilitation.
(13) 
Statement of general system condition.
(14) 
DEP permit number and site name for destination of the septage.
(15) 
List of water conservation devices in use.
(16) 
Pumper truck operator's and pumper business owner's signature.
J. 
Persons undertaking the initial inspection of an on-lot system shall have successfully completed the on-lot wastewater treatment system inspector program of the Pennsylvania Septage Management Association and be so certified.
K. 
Initial and periodic tank pumping shall be performed to these minimum standards unless other standards are specified by an equipment manufacturer:
(1) 
At all times, the pumper truck operator's personal safety, as well as protection of the environment and the owners' property, shall receive the highest priority.
(2) 
Tanks shall only be pumped from/through the manhole/access port, i.e., the largest tank opening.
(3) 
Tanks shall not be pumped from/through the observation port.
(4) 
Where necessary to break up solids, back-washing with clean water or material of a similar nature already on board the pumper truck may be employed. Mechanical means (scraping, raking, etc.) are not necessary, but may be employed provided that appropriate safeguards are taken to prevent injury.
(5) 
When back-washing, care shall be taken not to fill/refill the tank to a level greater than 12 inches below the elevation of the outlet pipe.
(6) 
No liquids or solids are to be discharged into/through the outlet pipe.
(7) 
Tanks shall be deemed to be clean when all organic solids are removed and the total average liquid depth remaining in the tank is less than six inches.
(8) 
Every pumpout shall include a visual inspection of the interior of the tank. The inspection shall include a determination regarding the presence of baffles and their condition, as well as the physical condition of the treatment tank. Presence and condition of observation port(s) shall also be reported.
(9) 
At all times, and in all phases of operations, pumper businesses and equipment operators shall comply with all laws and regulations regarding the activities associated with on-lot wastewater system maintenance and disposal of materials removed therefrom.
(10) 
The municipality requires documentation of pump-out and tank and site conditions. The pumper shall not be prevented by the owner from complying with municipal requirements. A copy of any report sent to the municipality shall also be provided to the owner.
L. 
In addition to the requirements for initial tank pumping, periodic tank pumping shall include an inspection of and a report to the Township on forms provided by the Township regarding the presence of any or all of the following:
(1) 
Defective tank components (lids, baffles, dividers, etc.);
(2) 
Before pumping, water level above outlet pipe elevation;
(3) 
Following or during pumping, backflow from the absorption area;
(4) 
Inflow from building(s) served to verify connection to the building(s);
(5) 
Surface discharge, ponding or other signs of malfunction in the vicinity of the absorption area.
M. 
Any person owning a building served by an aerobic treatment tank or an on-lot system, which includes any electrically, mechanically, hydraulically or pneumatically operated or controlled device, shall follow the maintenance recommendations of the equipment's manufacturer.
(1) 
If not on file with the Township, a copy of the manufacturer's recommendations and owner's manual shall accompany the pumper's report the first time the system is pumped after the effective date of this article.
(2) 
Owners of systems with components requiring periodic maintenance shall submit receipts as proof of maintenance to the Township documenting maintenance/service was performed at the intervals called for and in a manner consistent with the various components' manufacturers.
(3) 
In no case may the service or pumping intervals exceed those established in this article.
N. 
The Township, through its SEO, may require additional maintenance activities including, but not limited to, cleaning or unclogging of piping, servicing or repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, and diversion of surface water away from soil absorption areas.
O. 
The owner shall provide adequate access to OLDS components to facilitate inspection and pump outs. This may include installing risers extending to grade level on the inspection ports and/or manhole portion of tanks and other components.
P. 
All water used within a residence, including kitchen and laundry wastes and water softener backwash, and all sewage shall be discharged into a treatment tank.
Q. 
The Township may require the on-site pretreatment of effluents prior to their discharge to any sewage facilities operated or owned by the Township or any other entity, to assure that the effluent's chemical or biological constituents are compatible with the renovative methods employed by the receiving facilities.
R. 
No sewage system shall discharge untreated or partially treated sewage to the surface of the ground, or into the waters of the Commonwealth of Pennsylvania, unless a permit to discharge has been obtained from the DEP.
S. 
Discharging only domestic sanitary sewage into an OLDS. The following types of waste shall not be discharged into an OLDS:
(1) 
Industrial waste.
(2) 
Automobile oil, other nondomestic oil, grease, nonbiodegradable soaps, detergents and/or inert materials such as coffee grounds.
(3) 
Toxic or hazardous substances or chemicals including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
(4) 
Clean surface or groundwater, including water from roof or cellar drains, springs, basement sump pumps, and french drains.
(5) 
Vehicle wash water and other potentially contaminated or clean runoff or stormwater.
(6) 
Disposable products such as diapers, tampons, and similar materials.
(7) 
Beauty shop waste other than a single-chair beauty shop in conjunction with a residential use.
(8) 
Abattoir or butcher shop waste.
All persons who own a lot which is served by a community sewage system shall properly use such community sewage system. The owner of the community sewage system shall properly maintain the community sewage system. Proper maintenance of a community sewage system shall include, at a minimum:
A. 
Inspection of the community sewage system by the Township Sewage Enforcement Officer or by a sewage enforcement officer certified by the Department on a bimonthly basis. Inspection reports shall contain the minimum information required for OLDS by this article. If the inspection is performed by a sewage enforcement officer other than the Township Sewage Enforcement Officer, the property owner shall submit the inspection report prepared and signed by the sewage enforcement officer to the Township within one month after the date of inspection of the community sewage system. All laboratory analyses required to be submitted by the Department or the Department's regulations shall also be submitted simultaneously to the Township to be reviewed as appropriate by the Sewage Enforcement Officer or his designee.
B. 
Removal of septage or sludge in accordance with Department regulations and manufacturer specifications.
C. 
Maintenance of surface contouring and other measures consistent with the regulations of the Department to divert stormwater away from the treatment facilities and absorption areas and to protect the absorption areas from physical damage.
D. 
Following any operation and maintenance recommendations of the manufacturer of the community sewage system.
E. 
Requiring that all users of the community sewage system discharge only domestic sanitary sewage into the community sewage system. The owner of the community sewage system shall inform all users of the community sewage system that the types of waste described in § 380-62S of this article shall not be permitted to be discharged.
A. 
All permits for the installation of on-lot systems shall be conditioned upon the inclusion of language in the deed establishing a grant of right of entry by the owner, his heirs, successors, and assigns to the Township for the limited purpose of inspecting, maintaining, sampling, testing, evaluating or repairing the on-lot system described in the application and permit.
B. 
The grant of right of entry cannot be revoked, suspended or discontinued by the present or any future owner.
C. 
Any property on which an on-lot system presently exists, or on which an on-lot system is under construction, shall not be conveyed by the owner without the inclusion of language in the deed establishing and assigning a nonrevocable grant of right of entry by the owner, his heirs, successors, and assigns to the Township for the limited purpose of inspecting, maintaining, sampling, testing, evaluating or repairing the on-lot disposal system described in the application and permit.
D. 
In the event that the on-lot system is abandoned and not replaced by another on-lot system, and all sewage is collected and treated at a site not on the lot, the Township shall abandon the easement and right of entry which then shall cease.
A. 
At least seven days before offering pumping services to property owners that will enable their compliance with the terms of this article, all pumper/hauler businesses shall:
(1) 
Register with the Township and comply with all reporting requirements established herein;
(2) 
Identify all employees/owners and vehicles that will provide these services in the Township;
(3) 
Operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 through 6018.1003);
(4) 
Provide a current fee schedule for all services required under this article; and
(5) 
Provide documentation that all septage pumped from properties in this Township will be delivered to a DEP approved site or facility.
B. 
At least seven days before offering inspection services to property owners that will enable their compliance with the terms of this article, all individuals and businesses shall:
(1) 
Register with the Township and comply with all reporting requirements established herein;
(2) 
Document membership in the Pa. Septic Management Association;
(3) 
Document that there is at least one employee/owner certified by the Pa. Septic Management Association to perform on-lot wastewater treatment inspections;
(4) 
Identify all employees/owners that will provide these services in the Township;
(5) 
Provide a current fee schedule for all services required under this article.
C. 
When there is a change in the personnel/employees or vehicles that provides services in accordance with this article, it shall be the duty and obligation of the business owner to notify the Township of the changes within seven days of the effective date of the change.
The Board may, by resolution, establish a fee schedule and collect fees to cover the Township's actual costs of administering this article.
A. 
The Township is hereby divided into four districts, designated District 1, 2, 3 and 4.
(1) 
District 1 is the area bounded by the Susquehanna River, U.S. Route 30, Hatchery Road, Rudy's Road, Codorus Furnace Road, and the Codorus Creek.
(2) 
District 2 is the area bounded by the Susquehanna River, the Lower Windsor Township municipal boundary, Ducktown Road, Walnut Springs Road, and U.S. Route 30.
(3) 
District 3 is the area bounded by the Springettsbury Township municipal boundary line, U.S. Route 30, Walnut Springs Road, Ducktown Road, and the Lower Windsor Township and Windsor Township municipal boundaries.
(4) 
District 4 is the area bounded by the Springettsbury Township municipal boundary line, Codorus Creek,, Codorus Furnace Road, Rudy's Road, Hatchery Road, and U.S. Route 30.
B. 
Every on-lot system in the Township shall be inspected and every tank associated with every system shall be pumped at least one time by December 31, 2008.
C. 
The requirements of this section shall become effective in a sequential manner:
Area
First Pumping and Inspection Shall Be Completed By:
1
12-31-2005
2
12-31-2006
3
12-31-2007
4
12-31-2008
D. 
After the initial inspection and pumping, all tanks in all systems shall be pumped out at a minimum regular interval of once every four years from the year of either the initial pumping or a subsequent pumping. Tanks that have been subjected to more frequent pumping, by the nature of their size, loading rate or other system characteristics, should continue to receive that frequency of pumping. This article is not an instruction to reduce the frequency of pumping and should not be construed as such. This article establishes the minimum pump out requirement for all treatment tanks that do not exhibit characteristics that indicate more frequent pumping is required.
E. 
The initial inspection shall meet the requirements of § 380-62 of this article.
F. 
Owners may choose to have tanks pumped out more frequently. When more frequent pumpouts are undertaken in a manner consistent with § 380-62 of this article, the date of the subsequent regular pumpout shall be deemed to be the last day of the last month three years following the year of the voluntary pumpout.
G. 
Inspections may also include, but are not limited to:
(1) 
Taking of samples from surface water, wells, other groundwater sources;
(2) 
Sampling of the contents of the sewage disposal system;
(3) 
Introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and/or ultimate destination of wastewater generated in the structure.
H. 
In the event that an owner fails to obtain the required initial inspection or subsequent tank pumpout, the Township's authorized agent shall have the right to enter upon land for the purposes of conducting inspections required by this article.
I. 
Prior to entry for inspection, the Township shall give advance notice to the occupant of a property to enable the occupant to be personally present or be represented by an agent at the time of such entry.
J. 
Any adult occupant of a property at the time a request to enter is made by an authorized agent may waive their right of advance notice.
K. 
Advance notice shall be given at least 24 hours prior to entry, unless waived, and shall be by any of the following:
(1) 
Telephone.
(2) 
Ordinary U.S. mail.
(3) 
A written notice posted at the entrance to the structure or other place where it is likely to be seen by the owner or occupant.
(4) 
If the property appears to be vacant, notice shall be given by ordinary U.S. mail to the owner of record, at the last known address which appears in the records of the York County Tax Assessor's Office.
(a) 
The notice shall be mailed at least seven days prior to intended entry date.
(b) 
Where the owner's name and/or address are not known, then notice shall be given by posting as described in Subsection K(2) above.
L. 
In the event that access to inspect the property is denied, the Township shall proceed according to law to obtain a search warrant and conduct the inspection established in this article.
M. 
No provision of this article shall require notice to be given before entry, where it can be observed from a public street that an on-lot system is malfunctioning or being operated improperly.
Any person who owns a lot upon which an OLDS or community sewage system is installed, any person who occupies a lot upon which an OLDS or community sewage system is installed, any person who owns a community sewage system, and any septage hauler pumping out or otherwise maintaining an OLDS or community sewage system shall report any malfunctioning of such OLDS or community sewage system to the Township. Such report shall be made as soon as possible but in no case later than three days after discovery of the malfunction.
In addition to all other duties of the Sewage Enforcement Officer set forth in this article, the Sewage Enforcement Officer shall have the power and duty to enforce the provisions of this article and to investigate any reports of malfunctioning OLDS and community sewage system or evidence that an OLDS or community sewage system may be malfunctioning which the Sewage Enforcement Officer discovers. In performing these duties, the Sewage Enforcement Officer shall have the following powers:
A. 
To conduct routine inspections of properties upon which OLDS or community sewage systems are installed as part of an administrative program to insure compliance with this article. Any inspections shall be performed in accordance with all applicable statutes and constitutional provisions.
B. 
To make reports as requested by the Board regarding maintenance of OLDS and community sewage systems in the Township and to suggest actions which may be taken by the Board to insure proper maintenance.
C. 
To consult with the Township Engineer and the Township Solicitor, as authorized by the Board, to assist in the enforcement of this article.
A. 
It shall be a violation of this article to commit or permit any other person to commit any of the following acts:
(1) 
To install, repair, modify or alter an OLDS or a community sewage system prior to obtaining a permit or in a manner which violates the terms and conditions of any permit.
(2) 
To misuse or fail to maintain an OLDS or a community sewage system.
(3) 
To fail to report a malfunctioning OLDS or community sewage system.
(4) 
To fail to remedy a malfunctioning OLDS or community sewage system.
(5) 
To construct any improvements upon, grade, or take any other action which will render a replacement location unsuitable for installation of an OLDS or community sewage system unless the Sewage Enforcement Officer has approved an alternate replacement location in accordance with §§ 380-53 and 380-55 of this article.
(6) 
To place false information on or omit relevant information from an application for a permit.
(7) 
To occupy or permit the occupancy of any structure served by an OLDS for which a valid permit has not been obtained as required by this article.
(8) 
To occupy or permit the occupancy of any structure served by a community sewage system for which a valid permit has not been obtained as required by this article.
(9) 
To fail to comply with any other provision of this article.
B. 
Any person who violates or permits the violation of any provision of this article; or who shall use, maintain or alter an OLDS or community sewage system in violation of any permit issued by the Sewage Enforcement Officer; or who shall fail to remedy or who shall negligently or improperly remedy any health hazard; or who shall fail to completely implement a plan to remedy a health hazard which has been reviewed and approved by the Sewage Enforcement Officer shall be liable upon summary conviction therefor to fines and penalties of not more than $1,000 plus all costs of prosecution, which fines and penalties may be collected as provided by law, and in default of payment thereof, imprisonment to the extent allowed by law for the punishment of summary offenses. All fines and penalties collected for violation of this article shall be paid over to the Township Treasurer. Each day that a violation continues and each section of this article which is violated constitutes a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In case any improvement is constructed or any lot maintained in violation of this article, or any OLDS or community sewage system is installed, repaired, altered or modified prior to obtaining a permit as required by this article or in a manner which does not comply with such permit, or any OLDS or community sewage system is not properly maintained or the malfunction of any OLDS or community sewage system is not reported to the Township, in addition to the other remedies provided by law, the Township may commence any appropriate action or proceedings in equity to prevent such unlawful construction of improvements or such unlawful maintenance of such lot or the continued use of such OLDS or community sewage system.
A. 
The following activities are hereby declared to be violations:
(1) 
Construction of improvements on the replacement location. such construction renders the replacement location useless and therefore jeopardizes the water quality and other natural resources of the Township. This harm to the water quality and other natural resources of the Township is a danger to the health, safety and welfare of the residents of the Township and is hereby declared to be a nuisance and abatable as such in accordance with the provisions of the Second Class Township Code.
(2) 
Installation, alteration or modification of an OLDS or community sewage system without having obtained a permit as required by this article and the regulations of the Department, or, if a permit was obtained, in a manner which violates the terms of the permit.
(3) 
Failure to maintain an OLDS or community sewage system as required by this article.
B. 
All of these actions result in pollution of the waters of the commonwealth and other natural resources of the Township and constitute a danger to the health, safety and welfare of Township residents. The actual expenses of the Township in the abatement of such violations plus a penalty in the amount of 25% of such expenses shall be filed as a municipal claim against the property.
Although this article is intended to provide guidelines for the installation and maintenance of OLDS and community sewage systems and the identification and maintenance of a replacement location for OLDS, nothing contained herein shall be interpreted as a guarantee or warranty to applicants or other Township residents that systems installed under the provisions of this article will function as intended. The Township assumes no responsibility for the location and/or maintenance of OLDS or community sewage systems within the Township.
Appeals from any action of the Sewage Enforcement Officer under this article shall be made in writing to the Board of Supervisors within 15 days from the date of the written determination of the Sewage Enforcement Officer. All appeals shall be accompanied by the appeal fee established by resolution of the Board of Supervisors.
A. 
The written appeal shall specify the precise action from which the appeal is taken and shall set forth in concise terms the reason for the appeal and any legal authorities supporting the appeal period.
B. 
If the appellant desires a hearing before the Board, the appellant must request a hearing in the written appeal.
C. 
If a hearing is requested in writing, the Board shall conduct the hearing at a regular or special public meeting which occurs not less than 14 days after receipt of the written appeal. The hearing shall be conducted in accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
D. 
The Board shall render a decision on the appeal in accordance with the provisions of the Local Agency Law.