HomeMy WebLinkAboutHamilton Township Sewage Ordinance ORDINANCE NO. 2000-119
AN ORDINANCE GOVERNING MUNICIPAL
MANAGEMENT OF ON-LOT SUBSURFACE SEWAGE
DISPOSAL FACILITIES FOR THE TOWNSHIP OF HAMILTON,
FRANKLIN COUNTY, PENNSYLVANIA
The Board of Supervisors of the Township of Hamilton, in the County of
Franklin and the Commonwealth of Pennsylvania hereby ordains:
Section I. Short Title; Introduction; Purpose
A. This ordinance shall be known and may be cited as "An Ordinance providing
for a Sewage Management Program for Hamilton Township".
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), it is the power and the
duty of Hamilton Township to provide for adequate sewage treatment
facilities and for the protection of public health by presenting the discharge of
untreated or inadequately treated sewage. The Official Sewage Facilities Plan
for Hamilton 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.
C. The purpose of this Ordinance is to provide for the regulation, inspection,
maintenance and rehabilitation of on-lot sewage disposal systems; to further
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into a building connected to the system or in any manner causes a nuisance or
hazard to the public health or pollution of ground or surface water or
contamination of public or private drinking water wells. Systems shall be
considered to be malfunctioning if any condition noted above occurs for any
length of time during any period of the year.
G. Official Sewage Facilities Plan: A comprehensive plan for the provision of
adequate sewage systems, adopted by the Board and approved by the
Pennsylvania Department of Environmental Protection, pursuant to the
Pennsylvania Sewage Facilities Act.
H. On-Lot Sewage Disposal System: Any system for disposal of domestic
sewage involving pretreatment and subsequent disposal of the clarified
sewage into a subsurface soil absorption are or retaining tank; this term
includes both individual sewage systems, small flow sewage treatment
facilities and community sewage systems.
I. Person: Any individual, association, public or private corporation for profit
or not for profit, partnership, firm, trust, estate, department, board, bureau or
agency of the Commonwealth, political subdivision, municipality, district,
authority, or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties. Whenever used in any clause prescribing and
imposing a penalty or imposing a fine or imprisonment, the term person shall
include the members of an association, partnership or firm and the officers of
any local agency or municipal, public or private corporation for profit or not
for profit.
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promulgated thereunder and such other requirements adopted by the Board to
effectively enforce and administer this Ordinance.
O. Subdivision: The division or re-division of a lot, tract or other parcel of land
into two or more jobs, tracts, parcels or other divisions of land, including
changes in existing lot lines. The enumerating of lots shall include as a lot
that portion of the original tract or tracts remaining after other lots have been
subdivided therefrom.
P. Township: The Township of Hamilton, Franklin County, Pennsylvania.
Q. For the purposes of this Ordinance, any term which is not defined herein shall
have that meaning attributed to it under the Sewage Facilities Act and the
Regulations promulgated thereto.
Section III. Applicability
From the effective date of this Ordinance, its provisions shall apply in any portion
of the Township identified in the Sewage Facilities Plan as a sewage management
district. Within such an area or areas, the provisions of this Ordinance shall apply
to all persons owning any property serviced by an on-lot sewage disposal system
and to all persons installing rehabilitating on-lot sewage disposal systems.
Section IV. Permit Requirements
A. No person shall install, construct or request bid proposals for constructionm 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
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D. No building or occupancy permit shall be issued for a new building which will
contain sewage generating facilities until a valid sewage permit has been
obtained from a Sewage Enforcement Officer.
E. No building or occupancy permit shall be issued and no work shall begin on
any alteration or conversion of any existing structure, if said alteration or
conversion will result in the increase or potential increase in sewage flows
from the structure, until either the structure's owner received a permit for
alteration or replacement of the existing sewage disposal system or until the
structure's owner and the appropriate officials of the Township receive written
notification from a Sewage Enforcement Officer that such a permit will not be
required. The Sewage Enforcement Officer shall determine whether the
proposed alteration or conversion of the structure will result in increased
sewage flows.
F. Sewage permits may be issued only by a Sewage Enforcement Officer
employed by the Township. DEP shall be notified as to the identity of each
Sewage Enforcement Officer employed by the Township.
Section V. Inspections
A. Any on-lot sewage disposal system may be inspected by an authorized agent
at any reasonable time as of the effective date of this ordinance.
malfunctioning, the authorized agent shall order action to be taken to correct
the malfunction. If total correction cannot be done in accordance with the
regulations of DEP including, but not limited to, those outlined in Chapter 73
of Title 25 of Pennsylvania Code or is not technically or financially feasible in
the opinion of the authorized agent and a representative of DEP, then action
by the property owner to mitigate the malfunction shall be required.
G. There may arise geographic areas where numerous on-lot sewage disposal
systems are malfunctioning. A resolution of these area wide problems may
necessitate detailed planning and a revision to the portion of the Sewage
Facilities Plan pertaining to areas affected by such malfunctions. When a
DEP authorized Official Sewage Facilities Plan Revision has been undertaken,
mandatory repair or replacement of individual malfunctioning sewage
disposal systems within the area affected by the revisions may be delayed,
pending the outcome of the plan revision process. However, immediate
corrective action may be compelled whenever a malfunction, as determined
by Township officials and/or the Department, represents a serious public
health or environmental threat.
Section VI. Operation
A. Only normal domestic wastes shall be discharged into any on-lot sewage
disposal system. The following shall not be discharged into the system:
1. Industrial waste.
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providing a receipt or other written evidence showing that their tank had been
pumped or installed within two (2) years of the effective date of this
Ordinance, may ask the Township to delay that person's initial required
pumping to conform to the general three (3) year frequency requirement
C. The Township may allow septic tanks to be pumped out at less frequent
intervals when the owner can demonstrate to the Township that the system can
operate properly without the need of pumping for a period longer than three
(3) years, but in no case shall such period extend beyond six (6) years. Such a
request may be made at any time, and must be in writing, with all supporting
documents attached. The Township, in making its determination, shall take
into account the information submitted by the applicant, the sewage facility
permit issued by the SEO upon installation, repair or rehabilitation of the
system, and other relevant information, and may conduct an on-site
inspection. The applicant shall bear the cost of any inspection, surface or
subsurface, as well as soil or wastes sampling conducted for the purposes of
evaluating the request. The applicant shall receive a decision within sixty (60)
days of accumulation of all necessary information by the Township.
D. The required pumping frequency may increase at the discretion of the
Township for any of the following reasons:
1. If the septic tank if undersized;
2. If solids buildup in the tank is above average;
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12. Destination of the septage (name of facility, location of land application
site).
A copy(ies) of the Pumpers Report/Receipt must be received at the Township
Office of the Hamilton Township Secretary within thirty (30) days of the date
of pumping.
F. Any person owning a building served by an alternative system or on-lot
sewage disposal system which contains an aerobic treatment tank shall follow
the specifications and maintenance recommendations of the equipment
manufacturer. A copy of the manufacturer's recommendations and a copy of
the service agreement shall be submitted to the Municipality within six (6)
months of the effective date of this Ordinance. Thereafter, service receipts
shall be submitted to the Township at the intervals specified by the
manufacturer's recommendations. In no case may the service or pumping
intervals exceed those for those required for septic treatment tanks.
G. Any person owning a building served by a cesspool, dry well or pit privy shall
have that system pumped once every three (3) years. If such a system serves a
building which also uses unmonitored ground or surface water, it is
recommended that the water supply be tested by a state certified laboratory on
a regular basis. Buildings utilizing such a system that are not in compliance
with Act 537 regulations will replace or rehabilitate the nonconforming
system with an acceptable system.
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B. A written notice of violation shall be issued to any person who is the owner of
any property which is found to be served by a malfunctioning on-lot sewage
disposal system or which is discharging sewage without a permit.
C. Within seven (7) days of notification by the Township that a malfunction has
been identified, the property owner shall make application to the Sewage
Enforcement Officer for a permit to repair or replace the malfunctioning
system. Within thirty (30) days of initial notification by the Township,
construction of the permitted repair or replacement shall commence. Within
sixty (60) days of the original notification by the Township, the construction
shall be completed unless seasonal or unique conditions mandate a longer
period, in which case the Township shall set an extended completion date.
D. A Sewage Enforcement Officer shall have the authority to require the repair of
any malfunction by the following methods: cleaning, repair or replacement of
components of the existing system, adding capacity or otherwise altering or
replacing the system's treatment tank, expanding the existing disposal area,
replacing the existing disposal area, replacing a gravity distribution system
with a pressurized system, replacing the system with a holding tank, or any
other alternative appropriate for the specific site.
E. In lieu of, or in combination with, the remedies described in Subsection D
above, a Sewage Enforcement Officer may require the installation of water
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charged with the work performed and, if necessary, a lien shall be entered
therefore in accordance with law.
Section X. Disposal of Septage
A. All septage originating within the sewage management district shall be
disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. §6018.101 et sec.) and all other
applicable laws and at sites or facilities approved by DEP. Approved sites or
facilities shall include the following: septage, treatment facilities, wastewater
treatment plants, composting sites, and approved farm lands.
B. Pumper/Hauler of septage operating within the sewage management district
shall operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §6018.101-6018.1003)
and all other applicable laws. They shall be duly registered with the
Township.
Section XI. Administration
A. The Township shall fully utilize those powers it possesses through enabling
statutes to effect the purpose of this ordinance.
B. The Township shall employ qualified individuals to carry out the provisions
of this ordinance. Those employees shall include a Sewage Enforcement
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A. Appeals from final decisions of the Township or any of its authorized agents
under this ordinance shall be made to the Board of Supervisors in writing
within thirty (30) days from the date of written notification of the decision in
question.
B. The appellant shall be entitled to a hearing before the Board of Supervisors at
its next regularly scheduled meeting, if a written appeal is received at least
fourteen (14) days prior to that meeting. If the appeal is received within
fourteen (14) days of the next regularly scheduled meeting, the appeal shall be
heard at the next regularly scheduled meeting. The municipality shall
thereafter affirm, modify, or reverse the aforesaid decision. The hearing may
be postponed for a good cause shown by the appellant or the Township.
Additional evidence may be introduced at the hearing provided that it is
submitted with the written notice of appeal.
C. A decision shall be rendered in writing within thirty (30) days of the date of
the hearing.
Section XIII. Penalties
Any person who violates or permits the violation of this Ordinance shall, upon
being found liable therefore in a civil enforcement proceeding commenced by the
Township, pay a fine of One Thousand Dollars ($1,000.00) plus all court costs,
including reasonable attorneys fees, incurred by the Township in its efforts to
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Duly enacted and Ordained this 7th day of June 2000, by
the Board of Supervisors of the Township of Hamilton, Franklin County,
Pennsylvania.
BOARD OF SUPERVISORS OF HAMILTON TOWNSHIP
By 1'( ` • ,
Michael K. Kessinger, Supervisor
BY ��. G - _
Randall E. Negley, Supervis
By
'mes C. Hollenshead, Supervisor
Atttest:
Secretary
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